- Nov 19, 1999
- 5,435
- 234
- 106
As best I can tell, there really is only one option to have the ballots in Florida manually counted and still meet the Constitutional requirements. The SCOTUS pointed the way in their opinion vacating the first Florida Supreme Court ruling.
There is one body in Florida that does not have to worry about the "safe-harbour" provision, the Florida Legislature. They can take control of the process and remove the court from the decision making. They can set the standard (I like PBC's standard as it seems to be as close as you're going to get to "clear intent"
and then recount even the submitted voted (Broward County).
Once they get the results, they can decide and select the Electors. If the results are public and Gore gets enough votes to win, then they can still select Electors for Bush and then face the political consequences. Same for The Federal Congress and Senate. They can select the Bush Electors from the certification if they want, but they'll have to face the political consquences if the Florida Leglislature selects Electors for Gore based on the count.
That's the best I can come up with. I think the FSC has been very wrong so far in extending the deadline and in overruling Judge Sauls.
Michael
There is one body in Florida that does not have to worry about the "safe-harbour" provision, the Florida Legislature. They can take control of the process and remove the court from the decision making. They can set the standard (I like PBC's standard as it seems to be as close as you're going to get to "clear intent"
Once they get the results, they can decide and select the Electors. If the results are public and Gore gets enough votes to win, then they can still select Electors for Bush and then face the political consequences. Same for The Federal Congress and Senate. They can select the Bush Electors from the certification if they want, but they'll have to face the political consquences if the Florida Leglislature selects Electors for Gore based on the count.
That's the best I can come up with. I think the FSC has been very wrong so far in extending the deadline and in overruling Judge Sauls.
Michael
