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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 (56)	11/22/2000 1:01:16 AM
From: opalapril	Respond to of 134

Footnotes 47-56 47 See Fla. Admin. Code R.1S-2.013 (1998), which provides in relevant part: (7) With respect to the presidential preference primary and the general election, any absentee ballot cast for a federal office by an overseas elector which is postmarked or signed and dated no later than the date of the Federal election shall be counted if received no later than 10 days from the date of the Federal election so long as such absentee ballot is otherwise proper. Overseas electors shall be informed by the supervisors of elections of the provisions of this rule, i.e., the ten day extension provision for the presidential preference primary and the general election, and the provision for voting for the second primary. 48 Traylor v. State, 596 So. 2d 957, 963 (Fla. 1992). 49 See Talbot D'Alemberte, Commentary, 25A Fla. Stat. Ann., Art. I, § 1, Fla. Const. (West 1991). 50 See also Pasco v. Heggen, 314 So. 2d 1, 3 (Fla. 1975) ("We have also stated that only unreasonable or unnecessary restraints on the elective process are prohibited."). 51See also State ex rel. Whitley v. Rinehart, 192 So. 819, 823 (Fla. 1939) ("Election laws should be construed liberally in favor of the right to vote . . . ."). 52 See, e.g., State ex rel.Landis v. Dyer, 148 So. 201, 203 (Fla. 1933) ("The right to vote, though not inherent, is a constitutional right in this state. The Legislature may impose reasonable rules and regulations for its governance, but it cannot under the guise of such regulation unduly subvest or restrain this right."). 53 See, e.g., Boardman v. Esteva, 323 So. 2d 259, 269 (Fla. 1975) ("In summary, we hold that the primary consideration in an election contest is whether the will of the people has been effected."). 54Cf. Boardman v. Esteva, 323 So. 2d 259, 268-69 (Fla. 1975) ("When the voters have done all that the statute has required them to do, they will not be disfranchised solely on the basis of the failure of the election officials to observe directory statutory instructions."). 55 See 3 U.S.C. §§ 1-10 (1994). 56 At oral argument, we inquired as to whether the presidential candidates were interested in our consideration of a reopening of the opportunity to request recounts in any additional counties. Neither candidate requested such an opportunity.