To: Bosco who wrote (237 ) 12/2/2000 10:59:49 AM From: Carl R. Read Replies (1) | Respond to of 644 It seems pointless to argue over which bad thing is worse. I note some new developments in Florida: 1. FSC rules against forcing immediate hand count. Considering that evidence is to be taken today, and considering that a hand count may not be ordered at all, this seems reasonable. Even Bois admits that what he asked for would have been a "very unusual step". 2. FSC declines to order a new election in Palm Beach. This was an issue that bothered me a great deal. Most of the other issues don't bother me too much, other than a candidate pretends to be on high moral ground that isn't. Neither is on high moral ground; both just want to win. In any case I think this ruling was not only appropriate, but essential to preserve order in future elections. 3. Absentee ballots are now being contested in Martin County for the same reason as in Seminole County. This seems redundant to me. In the end the FSC will rule on the matter, and when it does the rulings will be the same in both county, but either county alone would swing the election. 4. The judge ordered the impounding of the ballots in Volusia, Pinellas, and Broward county at the request of the Bush team who believes that there were a number of illegal votes for Gore. I'm surprised they didn't ask for Gadsden county as well. Volusia County had some bizarre events, so it doesn't surprise me that both sides are suspicious of their counts. As I said previously I believe that the strongest case for fraud was in the recount of Pinellas county (In that election Gore's count increased by 400 and Bush's count decreased by 50 with the unusual result of more ballots than certified voters). Broward is the county that was counting dimpled ballots. 5. "In another lawsuit, a group of taxpayers filed their own contest to Bush's election, saying that 1,500 absentee ballots were accepted after the Nov. 7 trial date."dailynews.yahoo.com This story has to be mangled somehow. As reported, it makes no sense. Why would taxpayers have standing? Perhaps it was voters that sued. And Nov. 7 was the election date, not the date of a trial. Obviously except for the late overseas ballots, absentee ballots should not have been accepted after the trial. I haven't heard anything about this issue before, so it will be interesting to see if there is any merit to the charges. 6. A Bush supported seeks to have recounts declared unconstitutional because citizens can't request them. This seems like a case destined to lose. 7. The Bush team posed some humorous legal strategies. a. The election contests weren't done within 10 days of the election, as provided by statute. The Gore team moved back the deadline for certification past the deadline for an election contest. Will this cost them? I doubt it, because I'm sure the courts will move back this deadline, too. Having re-written the statute for certification deadlines it is now inconsistent with the section on election contests, so they will write new deadlines here, too. Note however if the USSC rules in favor of Bush, the original deadlines will be reinstated and this argument could prove dispositive. b. Gore doesn't have standing because he isn't an elector. Again, while amusing, and actually an interesting constitutional question, I doubt this will carry much weight. c. Bush appears to be trying to run out the clock with 95 proposed witnesses as opposed to 2 for Gore. The judge said he will permit 1 each, which is reasonable. 8. Some observers have speculated that the USSC will decline to rule, while others have speculated on a 5-4 decision in favor of Bush. I favor them declining to rule. Carl