dimple standard

[Greg Sisk]

And which standard is the correct one?  The Florida Supreme Court
cannot consistently (although as a matter of raw judicial power they
can do whatever they want) approve of both the count in Palm Beach
County and Broward.  And what of the recount of the undervote in Dade
County, while simultaneously adding to the Gore total the partial
recount (from the most Democratic and non-Hispanic precincts in the
county)?  Isn't that double counting?  If I were Judge Sauls, I don't
think I'd have any idea what the Florida Supreme Court wants me to do
next.  The whole thing seems like an incomprehensible patch-work to
me.


>A quick question for Florida law mavens. The court said that the
>standard for the recount is: "A vote shall be counted where there is
>a clear indication of the
>intent of the voter."  Is this code for something? I gather that
>Palm Beach counted only dimples where there was extrinsic evidence
>of intent, while Broward treated all dimples as evidence of intent.
>(Is that roughly correct?) Does this language tell us which standard
>will be used?
>
>Michael McConnell
>University of Utah College of Law
>332 South 1400 East Rm. 101
>Salt Lake City, UT 84112

--
Gregory Sisk
Richard M. & Anita Calkins
   Distinguished Professor
Drake University Law School
2507 University Avenue
Des Moines, Iowa  50311-4505
515-271-4184
greg.sisk at drake.edu
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