FW: Leaving it to Florida
maule at LAW.VILLANOVA.EDU
Fri Nov 10 15:13:16 PST 2000
From: Howard Gillman [mailto:gillman at rcf.usc.edu]
Bush should be willing to say that if Floridians decide to go to court on
their own to challenge the vote count, then that's up to them, and he
should have no opinion on what the outcome should be. Gore should be
willing to say that he's not going to initiate such a lawsuit, and if
Floridians do it on their own that's up to them and he has no opinion about
how Florida law should be interpreted.
Legal question: Are the campaigns ("the Bush campaign" and "the Gore campaign") and the political parties estopped from challenging the ballots because they had opportunities to do so? Isn't standing with the voters who might be able to prove that they did not receive samples or that the samples did not correlate to the actual ballot? If the answers are yes and yes, then the law pretty much would put the candidates where Howard Gillman suggests they should be as a matter of prudence and discretion.
Professor of Law
Villanova University School of Law
Villanova PA 19085
maule at law.villanova.edu
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