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Politics : PRESIDENT GEORGE W. BUSH -- Ignore unavailable to you. Want to Upgrade?

To: Carl R. who wrote (83031)	11/20/2000 10:41:40 PM
From: TheLineMan	Read Replies (2) \| Respond to of 769670

I dont agree. There's obviously problems with voting standard statewide, and indiscrepancies in the statutes. if you want to avoid this kind of stuff in the future you have to air the problems not sweep them under the rug. How much discretion can anyone be allowed. Not enough to override constitutional issues I hope.

To: Carl R. who wrote (83031)	11/20/2000 11:11:06 PM
From: Mr. Palau	Read Replies (2) \| Respond to of 769670

I agree with 95% of your analysis, including that fact that a court is generally very reluctant to second-guess an administrative official exercising her discretion. The one point that I think will give the Florida Supreme Court pause is that the Secretary of State's exercise of discretion in this case appears to completely undermine the statutory right a party has to request a meaningful manual recount. The Legislature enacted a law that gave candidates 72 hours to request a manual recount of an election. From election Tuesday, you have until Friday to make your request. Then the county must decide what to do, which takes time. And of course, the manual count itself can take days. Yet the deadline Harris is rigidly relying on says that counties must have their results in one week after election day. Doesnt this render the statutory right to seek a manual recount illusory? In other words, if the Sec of State rigidly applies the deadline and refuses to accept results filed afterward, you can never get a manual recount requested and completed in time for the counties to timely submit their results. The intent of the Legislature in creating this right to a recount is rendered entirely meaningless. I didnt get a chance to see the argument today, so I dont know whether the Secretary or Bush folks addressed this point.