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Politics : PRESIDENT GEORGE W. BUSH -- Ignore unavailable to you. Want to Upgrade?

To: Srexley who wrote (582685)	6/13/2004 10:06:26 PM
From: Mr. Palau	Read Replies (1) \| Respond to of 769670

The statute authorizes any candidate whose name is on the ballot to go to a county and seek a manual recount. There is no requirement that the candidate seek a recount in every county if there was only a problem in one. The statute I cited is clear on its face. If the competing candidate wants other counties recounted, he can request it. The SOS and Bush folks did argue about that a full manual recount in a county could not be conducted unless there was a problem with the voting tabulating system. But the Florida Supreme Court unamimously rejected that reading. Rather, the court said that a full manual recount could be conducted if there was a discrepancy between the mahcine county and sample manual recount. The US Supreme Court had not objection that reading of the law: "With regard to the first issue, the court held that, under the plain text of the statute, a discrepancy between a sample manual recount and machine returns due to the way in which a ballot was punched or marked did constitute an “error in vote tabulation” sufficient to trigger the statutory provisions for a full manual recount." news.findlaw.com Again, where the Court had a problem was whether the way in which that staute was implemented violated equal protection. We know how it ultimately answered that question. But until that decision came down, the Gore folks were within their rights under state law to seek county manual recounts. I think that was a stupid approach (and posted as much at the time), and that it would have much better to seek a statewide recounty, but the law did authorize the county by county approach. Enough law school for tonight. Going to watch the Lakers get their asses kicked and go to bed.