Florida Law on Deadlines and recounts
masinter at NOVA.EDU
Mon Nov 13 13:58:43 PST 2000
The argument Tom makes, along with Florida and US constitutional
arguments, are being presented right now in a hearing in Leon County
(Tallahassee) Circuit Court.
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 Mon, 13 Nov 2000, Tom Grey wrote:
> Thanks to Michael Masinter for posting the text of the statute governing
> the Florida Canvassing Commission, and the 5 pm deadline on Tuesday. That
> supplies a strong argument that there should be certification on the basis
> of returns made to the Secretary of State by that point.
> But the other statute, the one to which he provides a link, Section
> 102.116, governing protests, clearly contemplates manual recounts of the
> kind the four county Canvassing Boards have ordered. And it seems obvious
> that in the larger counties, a timely-requested manual recount might not be
> reasonably completed by the Tuesday deadline.
> Isn't the most natural reading of these two statutes that the counties
> should file returns by the Tuesday deadline on the basis of the count to
> that point, but that these must be subject to subsequent correction in
> light of a manual recount, completed by the county Canvassing Board within
> the time reasonably necessary to do the job? Otherwise the provision for a
> manual recount would be rendered ineffective in the larger counties. This
> seems an absurd result, and in any event I don't see any text that seems to
> dictate it.
> Hard to see the con law content in this question, I concede! But the boss
> is out of town. And the constitutional question that IS being argued this
> morning seems too easy -- I am listening to Ted Olson in the background on
> the tube, essentially arguing that allowing manual recount of punch ballot
> voting is per se unconstitutional! The Chad Guarantee Clause...
> -- Tom Grey Stanford Law School tgrey at law.stanford.edu
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