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Politics : Al Gore vs George Bush: the moderate's perspective -- Ignore unavailable to you. Want to Upgrade?

To: Tom Clarke who wrote (7498)	11/25/2000 11:27:01 PM
From: Math Junkie	Read Replies (1) \| Respond to of 10042

Charlie, the Florida Supreme Court opinion is based on a lot more than the Illinois decision. The former runs to 40 pages, and the latter was only given a two-paragraph quote. As for why they cited it, their stated reason was, "The words of the Supreme Court of Illinois are particularly apt in this case." But the Illinois guidelines were not "directly opposite to what they instructed the Florida canvassing boards to do" because the ONLY instruction which they gave to the canvassing boards was to meet the 5:00 pm Sunday deadline. Here is the Florida Supreme Court's order: flcourts.org Here is the entirety of their quote of the Illinois decision: "The purpose of our election laws is to obtain a correct expression of the intent of the voters. Our courts have repeatedly held that, where the intention of the voter can be ascertained with reasonable certainty from his ballot, that intention will be given effect even though the ballot is not strictly in conformity with the law. . . . The legislature authorized the use of electronic tabulating equipment to expedite the tabulating process and to eliminate the possibility of human error in the counting process, not to create a technical obstruction which defeats the rights of qualified voters. This court should not, under the appearance of enforcing the election laws, defeat the very object which those law are intended to achieve. To invalidate a ballot which clearly reflects the voter's intent, simply because a machine cannot read it, would subordinate substance to form and promote the means at the expense of the end. "The voters here did everything which the Election Code requires when they punched the appropriate chad with the stylus. These voters should not be disfranchised where their intent may be ascertained with reasonable certainty, simply because the chad they punched did not completely dislodge from the ballot. Such a failure may be attributable to the fault of the election authorities, for failing to provide properly perforated paper, or it may be the result of the voter's disability or inadvertence. Whatever the reason, where the intention of the voter can be fairly and satisfactorily ascertained, that intention should be given effect. "Pullen v. Milligan, 561 N.E.2d 585, 611 (Ill. 1990)(citations omitted)."