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Politics : Electoral College 2000 - Ahead of the Curve -- Ignore unavailable to you. Want to Upgrade?

To: Carolyn who wrote (5153)	12/7/2000 8:35:13 PM
From: Ilaine	Read Replies (3) \| Respond to of 6710

People have been asking me how can the Florida Legislature appoint Electors, especially in light of the fact that Sec. Harris has already certified a panel of electors, Gov. Bush has given it his seal, and the certificate has been lodged with the National Archives. The article you linked demonstrates the high probability that the Democrats won't give up and will send an alternate slate of Electors to Tallahassee and their votes to Congress. Then what? The way I would analyze it is this (and I don't want to have to read 3 USC 15 again, it gives me a headache every time I try) 1. The Constitution gives the Legislature the power to appoint the Electors any way they deem fit. 2. The Legislature decided to use the popular vote of the citizens. 3. On 11/7/00 the citizens voted and appointed a panel of Electors, but the identity of the Electors is in dispute. 4. The Florida Sec. State certified the Republican Electors on 11/26/00 and the Governor affixed his seal to the certification, but that can't be the final word. What if the Sec. State and the Governor picked a rogue panel? What does Florida do when the appointment of the Electors is in doubt? There has to be some kind of oversight. 5. Where does the oversight lie? Is there a mechanism for oversight in the Courts? I have looked at the provisions of the Florida Election Code that have to do with Presidential Electors, and it is silent on this point. 6. Therefore, I conclude that the power was not delegated to the courts, and remains with the Florida Legislature.