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To: Boplicity who wrote (7348)	12/8/2000 5:24:46 PM
From: MulhollandDrive	Read Replies (1) \| Respond to of 13572

WELLS, C.J., dissenting. I join Justice Harding’s dissenting opinion except as to his conclusions with regard to error by Judge Sauls and his conclusions as to the separateness of section 102.166 and 102.168, Florida Statutes (2000). I write separately to state my additional conclusions and concerns.ഊI want to make it clear at the outset of my separate opinion that I do not question the good faith or honorable intentions of my colleagues in the majority. However, I could not more strongly disagree with their decision to reverse the trial court and prolong this judicial process. I also believe that the majority’s decision cannot withstand the scrutiny which will certainly immediately follow under the United States Constitution. My succinct conclusion is that the majority’s decision to return this case to the circuit court for a count of the under-votes from either Miami-Dade County or all counties has no foundation in the law of Florida as it existed on November 7, 2000, or at any time until the issuance of this opinion. The majority returns the case to the circuit court for this partial recount of under-votes on the basis of unknown or, at best, ambiguous standards with authority to obtain help from others, the credentials, qualifications, and objectivity of whom are totally unknown. That is but a first glance at the imponderable problems the majority creates. Importantly to me, I have a deep and abiding concern that the prolonging of judicial process in this counting contest propels this country and this state into an unprecedented and unnecessary constitutional crisis. I have to conclude that there-42- is a real and present likelihood that this constitutional crisis will do substantial damage to our country, our state, and to this Court as an institution. On the basis of my analysis of Florida law as it existed on November 7, 2000, I conclude that the trial court’s decision can and should be affirmed. Under our law, of course, a decision of a trial court reaching a correct result will be affirmed if it is supportable under any theory, even if an appellate court disagrees with the trial court’s reasoning. Dade County School Bd. v. Radio Station WQBA, 731 So. 2d 638, 644-645 (Fla. 1999). I conclude that there are more than enough theories to support this trial court’s decision. There are two fundamental and historical principles of Florida law that this Court has recognized which are relevant here. First, at common law, there was no right to contest an election; thus, any right to contest an election must be construed to grant only those rights that are explicitly set forth by the Legislature. See McPherson v. Flynn, 397 So. 2d 665, 668 (Fla. 1981). In Flynn, we held that, “[a]t common law, except for limited application of quo warranto, there was no right to contest in court any public election, because such a contest is political in nature and therefore outside the judicial power.” Id. at 667.ഊSecond, this Court gives deference to decisions made by executive officials charged with implementing Florida’s election laws. See Krivanek v. Take Back Tampa Political Committee, 625 So. 2d 840 (Fla. 1993). In Krivanek, we said: We acknowledge that election laws should generally be liberally construed in favor of an elector. However, the judgment of officials duly charged with carrying out the election process should be presumed correct if reasonable and not in derogation of the law. Boardman v. Esteva, 323 So.2d 259 (Fla.1975), cert. denied, 425 U.S. 967, 96 S. Ct. 2162, 48 L. Ed.2d 791 (1976). As noted in Boardman: The election process is subject to legislative prescription and constitutional command and is committed to the executive branch of government through duly designated officials all charged with specific duties.... [The] judgments [of those officials] are entitled to be regarded by the courts as presumptively correct and if rational and not clearly outside legal requirements should be upheld rather than substituted by the impression a particular judge or panel of judges might deem more appropriate. It is certainly the intent of the constitution and the legislature that the results of elections are to be efficiently, honestly and promptly ascertained by election officials to whom some latitude of judgment is accorded, and that courts are to overturn such determinations only for compelling reasons when there are clear, substantial departures from essential requirements of law. Id. at 844-45. These two concepts are the foundation of my analysis of the present

To: Boplicity who wrote (7348)	12/8/2000 5:27:08 PM
From: freeus	Read Replies (2) \| Respond to of 13572

Exactly: how could you say in the other post that it doesn't matter who is President? The market will go back and test lows now for sure. We are toast, once again. How very, very sad. Aside from the fact that the Constitutional way to end this was to have the certified decision from the elected Sec of State of Fla be allowed to do her job. Too bad. Freeus

To: Boplicity who wrote (7348)	12/8/2000 6:40:08 PM
From: Sig	Read Replies (1) \| Respond to of 13572

OTOT >>>If Gore is elected maybe you will get your wish. I think those Judges are MAD!>>> I was hoping they would put and end to this madness. IMO A legal contract require a date. I don't understand how they can keep changing the date. We had a date, Nov 14, then Nov 26 th, now we don't have a date at all according the the FSPC. Just keep counting until Gore wins even if the new President is in office. I agree somebody is mad, but my worst fears are being realized, that Gore will be permitted to count pimples on blank ballots and thus prove that he woulda won IF only xxxxxxxxxxxxx. The hope is that the US Supreme Court will stop the continuing and illegal changes in the Florida laws which only leads to antagonism and confusion. Sig

To: Boplicity who wrote (7348)	12/9/2000 12:11:13 PM
From: Pedro Joaristi	Read Replies (1) \| Respond to of 13572

Hi there Greg, greetings from Spain. Came to visit my homeland! Spanish newspapers are reporting today that even Gore was surprised with the FL Sup. Court ruling. One thing that has worried me, talking to my banking friends over here, is that they no longer view the US market as politically risk free. Many are no longer willing to send their year end bonusses to their brokers in the US. This is the first time in four years that I've heard them so negative. Euro has revalued from .83 to .88- a perception of the US political risk PLUS the anticipated drop in US interest rates. Food for thought... Pedro Home on the range where bulls roam!