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Politics : Electoral College 2000 - Ahead of the Curve -- Ignore unavailable to you. Want to Upgrade?

To: TraderGreg who wrote (2310)	11/15/2000 9:47:23 PM
From: Carolyn	Read Replies (2) \| Respond to of 6710

Don't you think she had legal advice? She said she did. And cited cases.

To: TraderGreg who wrote (2310)	11/15/2000 10:35:06 PM
From: Raymond Duray	Read Replies (3) \| Respond to of 6710

Hi Greg, Ms. Harris has simply removed herself from the game. From a personal point of view, a very sensible move. This 'hot potato' is back to Judge Lewis's court briefly and the Florida Supreme Court will inevitably be called in to adjudicate the process of counting the votes of the citizens of Florida. It is my opinion that it shall go no further, inasmuch as elections are clearly a matter of state rather than federal law. Keep in mind that the State Supreme Court has allowed the hand count to continue. Thus, I really don't quite understand Ms. Harris's endgame because she will almost certainly be judged to have acted in an "arbitrary" fashion. I just went to the Florida Elections Division home page: election.dos.state.fl.us The website is not updated to include her decision that was announce about an hour ago. It will be an interesting decision to read once it becomes available. I'm watching PBS's Newhour and a guest commentator is Pam Karlan, Professor of Law at Stanford University. The show was recorded prior to the Secretary of State's decision announcement. It was Ms. Karlan's opinion was that in view of the Florida Supreme Court decision of this morning, that the course that would have to followed by the Secretary of State would be to allow the hand re-count to proceed and once the result of the recount was presented to the Secretary of State, that she would at that point, and not before, make her decision as to the materiality of the changed vote count. To do less would be to open Ms. Harris to the charge of "abuse of discretion." In the event of Ms. Harris actual decision, Ms. Karlan speculated that the court would find Ms. Harris's decision to "color too far outside the lines" of proper interpretation of Florida statutes. Furthermore, Ms. Karlan stated the opinion that the action before the Federal 11th Circuit in Atlanta was premature, inasmuch as this is a simple question of counting ballots, clearly a matter of state and not federal law. Without further comment. Regards, Ray