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Pastimes : The Making of The Presidency: American Thoughts And Essays -- Ignore unavailable to you. Want to Upgrade?

To: opalapril who wrote (54)	11/22/2000 12:59:37 AM
From: opalapril	Read Replies (1) \| Respond to of 134

Footnotes 9-34 9 See State ex rel.Chappell v. Martinez, 536 So. 2d 1007, 1009 (Fla. 1988) (holding that disenfranchisement of voters is not proper where there has been substantial compliance with the election statute and the intent of voter can be ascertained); Beckstrom v. Volusia County Canvassing Bd., 707 So. 2d 720, 726 (Fla. 1998) (holding that courts should not frustrate will of voters if that will can be determined). 10 Neither party has raised as an issue on appeal the constitutionality of Florida's election laws. 11 See Donato v. American Tel. & Tel.Co., 767 So. 2d 1146, 1153 (Fla. 2000); Smith v. Crawford, 645 So. 2d 513, 521 (Fla. 1st DCA 1994). 12 See Donato, 767 So. 2d at 1153; Nikolits v. Nicosia, 682 So. 2d 663, 666 (Fla. 4th DCA 1996). 13 § 102.166(4)(b), Fla. Stat. (2000). 14 § 102.166(4)(c), Fla. Stat. (2000). 15 See Broward County Canvassing Bd. v. Hogan, 607 So. 2d 508, 510 (Fla. 4th DCA 1992). 16 See § 102.166(4)(d), Fla. Stat. (2000). 17 The Commission is composed of the Secretary of State, the Director of the Division of Elections, and the Governor. See § 102.111, Fla. Stat. In this instance, Florida Governor Jeb Bush has removed himself from the Commission because his brother, Texas Governor George W. Bush, is the Republican candidate for President of the United States. Robert Crawford, Florida Commissioner or Agriculture, has been appointed to replace Florida Governor Jeb Bush. See § 102.111, Fla. Stat. 18 § 97.012, Fla. Stat. (2000). 19 § 98.015, Fla. Stat. (2000). 20 § 102.012(1), Fla. Stat. (2000). 21 § 102.012(1), Fla. Stat. (2000). 22 § 102.012(2), Fla. Stat. (2000). 23 § 102.012(4), Fla. Stat. (2000). 24 § 102.071, Fla. Stat. (2000). 25 § 102.141(3), Fla. Stat. (2000). 26 § 102.141(1), Fla. Stat. (2000). 27 § 102.141(2), Fla. Stat. (2000). 28 § 102.141 (3), Fla. Stat. (2000). 29 §§ 102.111–.112, Fla. Stat. (2000). 30 §§ 102.111, .121, Fla. Stat. (2000). 31 § 102.131, Fla. Stat. (2000) ("If any returns shall appear to be irregular or false so that the Elections Canvassing Commission is unable to determine the true vote for any office . . . the commission shall so certify and shall not include the returns in its determination, canvass, and declaration."). 32 § 102.131, Fla. Stat. (2000) ("The Elections Canvassing Commission in determining the true vote shall not have authority to look beyond the county returns."). 33 § 102.166, Fla. Stat. (2000). 34 See § 102.168(2), Fla. Stat. (2000) (explaining that the action must be filed within ten days after the last Board certifies its returns or within five days after the last Board certifies its returns following a protest).