U.S. S.C. Intervention into Florida Dispute

[Michael MASINTER]

The overseas absentee ballot statute is 42 U.S.C. 1973ff et seq.  The core
provision is section 1973ff-1.

Michael R. Masinter                     3305 College Avenue
Nova Southeastern University            Fort Lauderdale, Fl. 33314
Shepard Broad Law Center                (954) 262-6151
masinter at nova.edu                       Chair, ACLU of Florida Legal Panel

On Tue, 5 Dec 2000, Scarberry, Mark wrote:

>
> (b) trump a federal statute requiring the counting of overseas military
> ballots after expiration of the seven days provided in a statute such as
> Florida's?  After all, if the Florida legislature's authority is derived
> directly from the U.S. Constitution, and is plenary regarding the subject
> matter, doesn't it trump a mere federal statute notwithstanding the
> supremacy clause (the specific controlling the general)?
>
> YES. THE ART II SEC 1 POWER TRUMPS ORDINARY FEDERAL STATUTES IN MY VIEW. BUT
> CONGRESS HAS THE POWER UNDER THE CONSTITUTION TO DETERMINE THE DATE ON WHICH
> THE ELECTORS ARE CHOSEN. IT SEEMS TO ME THAT SUCH A POWER INCLUDES THE POWER
> TO ALLOW SERVICEMEN AND WOMEN OVERSEAS (AND OTHER CITIZENS OVERSEAS) TO CAST
> VALID BALLOTS ON THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER, EVEN
> IF THOSE BALLOTS THEN ARE NOT RECEIVED BY ELECTION DAY IN THE COUNTY
> ELECTIONS OFFICE. I HAVEN'T SEEN THE FEDERAL STATUTE THAT IS AT ISSUE HERE.
> COULD SOMEONE PROVIDE THE CITE?