Equal Protection"

LoAndEd at AOL.COM LoAndEd at AOL.COM
Wed Dec 13 00:15:11 PST 2000


Apparently the Equal Protection Clause permits a state legislature (which,
even more than a state court, has "the power to assure uniformity," slip op.
at 11) expressly to permit counties to tabulate and count votes in a
disparate manner, but prohibits state *courts* from declining to impose
uniform standards more specific than the standard the legislature prescribed.

Marty Lederman (in my personal capacity)

  Daniel Hoffman writes:

<< If the recount, under present procedures, is not up to constitutional
 standards,  how was the certified count up to those standards?



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