To: Don Pueblo who wrote (1180 ) 11/19/2000 12:35:22 PM From: Ellen Read Replies (3) | Respond to of 3887 Hi there TLC. > Further, the only reason this election in Florida is not over is because Al Gore filed a lawsuit contesting the results of the election. The subsequent Bush lawsuits were filed in response to the actions of Gore. The resultant activity is getting extremely complex, as it always does when attorneys get involved. < That isn't quite right, TLC. There was a vote - the original vote. A mandatory recount as per Florida law was done due to the small percentage of difference in the #'s. A sample manual recount in counties with large anomolies was done to determine if a full manual recount should be requested. The Democrats made the request. The full manual recount began. The Bush side filed the first legal suits, which were attempts to stop the manual recounts. Interestingly, the Bush side's position is that a manual recount is unconstitutional. Do you think they would agree that other states whose laws also provide for manual recounts are also unconstitutional? I'm sure you are aware that Texas also provides for manual recounts and that their standards for conducting them are extremely similar to those in Florida. They even include the Republican-ridiculed "light test." I'm sure you are also aware that Bush himself signed a bill in Texas providing that manual recounts are preferable. The result is that the Bush side is displaying a bit of hypocrisy and their position is disingenuous at best. And what happened to Bush's statements that he trusted the people? Apparently that trust comes and goes according to his convenience. capitol.state.tx.us capitol.state.tx.us SUBCHAPTER E. PROCESSING RESULTS AT CENTRAL COUNTING STATION § 127.130. Manual Counting (a) Electronic system ballots that are not to be counted automatically and the write-in votes not counted at the polling places shall be counted manually at the central counting station. (b) If the automatic counting of electronic system ballots becomes impracticable for any reason, the manager may direct that the ballots be counted manually at the central counting station. (c) The procedure for manual counting is the same as that for regular paper ballots to the extent practicable. The manager is responsible for the manual counting of ballots at the central counting station. (d) Subject to Subsection (e), in any manual count conducted under this code, a vote on a ballot on which a voter indicates a vote by punching a hole in the ballot may not be counted unless: (1) at least two corners of the chad are detached; (2) light is visible through the hole; (3) an indentation on the chad from the stylus or other object is present and indicates a clearly ascertainable intent of the voter to vote; or (4) the chad reflects by other means a clearly ascertainable intent of the voter to vote. (e) Subsection (d) does not supersede any clearly ascertainable intent of the voter. Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by Acts 1993, 73rd Leg., ch. 728, § 52, eff. Sept. 1, 1993. capitol.state.tx.us capitol.state.tx.us > Secondly, I fully agree with you on your point about getting this all behind us. Unfortunately, it is not that simple now. Once Gore filed that lawsuit, everything about this election totally changed. We could argue for the next ten years about the intentions of the parties involved in this little drama, and I agree with you that those arguments are mostly coming from a biased viewpoint. < I strongly agree that the ability to put this all behind us and move on whenever this is decided is very important. Any continuing arguments will be unfortunate for a couple reasons. It will be unfortunate simply if they occur. It will be unfortunate that many argue before they have all the facts or the correct facts or argue without objectivity about the facts. Dispassionate discussions would be preferable but I'm not holding my breath that that is what will happen. > Gore made a tactical decision to challenge the Constitution. That's a fact. Nobody that understands what is going on here will dispute that. He made a political decision to do it, and that decision was made long before the election took place. Everything that the Gore campaign has done since that first lawsuit has been a part of a calculated strategy to win a legal case in a court of law. < Leave it to me <G>, but I do disagree. Strongly. Gore is challenging how some votes were or were not counted in the machine recount. It is Bush who is challenging the constitution and that is clearly stated in his suit that states a manual recount is unconstitutional. The difference is very clear. It is the Bush side that has so far done everything they can in a court of law to stop the manual recount process. It has been the Gore side that has had to respond to the Bush suits that were filed to stop the recounts. > We also know that the media feeds on controversy and trouble. That is what the media eats. The media also creates controversy. < I strongly agree. It was totally disgusting to me to hear the media call this a "pr war." The election is not decided on the basis of a "pr war." I also found distasteful the media planting the seed of thought that whoever is determined to be the winner may or may not serve with legitimacy. There have been close elections in the past and the eventual winner served with the respect the office of President deserves. In this particular case, it will be difficult of course, but we as a country as a whole will, I believe, accept that this was a very close election but the winner has at last been chosen - and is the President. And no one was talking about this being a 'constitutional crisis' until the media made that comment. It is angering and frustrating to see them create hysteria where it does not exist. > If that is the case, then I am in total agreement with you on that as well. Bill Buckley said recently that he was sure that if the roles were reversed, the Republicans would be doing the exact same thing that the Democrats are doing. < I believe that is probably true, as evidenced by what they are doing now in the 'unreversed' position. > I don't agree with Bill. I believe that if one gets above his politics and looks at what is really going on here, he (or she) can see what is happening. I believe it is possible to observe and understand what is really happening. < That is very difficult, if not impossible, for a great many people to do. Unfortunately. Your faith in people is commendable - and I wish that you could be shown to be correct in that belief - but personal experience proves that not to be the case. I'm sure you have had conversations with those who simply cannot see both sides of the coin. > I think, in this particular specific case, what is going on with this election is really, really wrong. And I think it's really, really bad for the United States, in a whole bunch of ways. < While certainly most difficult and unpleasant, I don't agree that this is "really, really bad" because once through this situation we will see how strong our laws and processes are and how they serve us as a country. And, maybe, we will also see how or where they should or should not be changed to make them clearer or better.