Florida Law on Deadlines and recounts
schroeder at LAW.DUKE.EDU
Mon Nov 13 22:14:30 PST 2000
And what is the effect of the section immediately following the one that
Michael excerpts? 102.112 says that "If the returns are not received by
the department by the time specified, such returns may be ignored and
the results on file at that time may be certified by the department."
This seems permissive whereas 102.111 seems mandatory.
In any event, is the fight over whether the hand count will stop
tomorrow, or just over whether the votes will be certified tomorrow? If
the Sec. of State's decision does bar counties from continuing the
count, it seems to me that the completion of that count would - if it
contains sufficiently many new Gore votes - provide grounds to challenge
the election of electors, even if the votes have been certified. If
that is right, it raises the possibility of two sets of electors being
appointed - shades of 1876 to be sure.
>>> lesl at UDEL.EDU 11/13/00 09:02PM >>>
to Michael--when they recounted the whole state by hand for Connie Mack
twelve years ago, did they meet this deadline?
Michael MASINTER wrote:
> For those interested, here is the Florida statute upon which the
> secretary of state relied for her insistence upon the 5:00 Tuesday
> deadline for certification of the vote from each county. The
> governing recounts is too long to post; here is a link:
> 102.111 Elections Canvassing Commission.--
> (1) Immediately after certification of
> election by the county canvassing board, the results shall be
> the Department of State concerning the election of any federal or
> officer. The Governor, the Secretary of State, and the Director of
> Division of Elections shall be the Elections Canvassing Commission.
> Elections Canvassing Commission shall, as soon as the official
> are compiled from all counties, certify the returns of the election
> determine and declare who has been elected for each office. In the
> that any member of the Elections Canvassing Commission is unavailable
> certify the returns of any election, member shall be replaced by a
> substitute member of the Cabinet as determined by the Director of
> Division of Elections. If the county returns are not received by the
> Department of State by 5 p.m. of the seventh day following an
> all missing counties shall be ignored, and the results shown by the
> returns on file shall be certified.
> 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
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