Florida Law on Deadlines and recounts

[John Noble]

At 3:42 PM -0500 11/13/00, Richard D. Friedman wrote:
>I suppose that's right -- it sounds like has to get in a first
>certification in by Tuesday to act as a place-holder.  But I can't see any
>good reason why it shouldn't be allowed to come in with more accurate
>information later, especially given that the final count can't be made
>until after the absentee votes come in on Friday.  But do I gather the
>Tuesday deadline was passed without taking the 10-day period for absentees
>into account?

The ten-day wait for absentee ballots is apparently a federal requirement
preempting Fla. law sec. 101.67(2): "All marked absent electors' ballots to
be counted must be received by the supervisor by 7 p.m. the day of the
election." I suppose the preemption might be covered by Art. II, sec. 1,
cl. 4: "The Congress may determine the Time of chusing the Electors, and
the Day on which they shall give their Votes; which Day shall be the same
throughout the United States." Federal law permits everyone to vote as late
as election day, and provides that the vote is counted as long as it is
received within 10 days. But you could make the argument that the the
Florida provision is part of the "manner" of appointment consigned to the
states. Not that anyone is likely to make that argument in Florida.

John Noble