Florida Legislative Supremacy--AP Story

[Leslie Goldstein]

wow, now that jeb has recused himself , does this make "the executive"
the attorney general (Dem) or is it the sec'y of state (W's campaign
manager)?
LFG

William Lasser wrote:
>
> Relative to this point:
>
> >Ultimately, the Republican-controlled Florida legislature decides whether
> >Gore or Bush will receive the state's 25 electoral votes. The legislature is
> >not bound to assign the state's electors to the popular vote winner,
> >although it traditionally does so. So in theory, the GOP legislature could
> >ignore a Gore popular victory earned by hand recounts included in the final
> >tally and give the decisive electoral votes to Bush."
>
> It is interesting to note that 3 U.S.C. 15 provides for the situation in
> which two (or more) sets of electors are brought forward, each purportedly
> the lawful electors of a the state, but certified by "two or more . . .
> state authorities."  Under such circumstances, the House and Senate can
> choose one of these, provided they both agree.  "But if the two Houses
> shall disagree in respect of the counting of such votes, then, and in that
> case, the votes of the electors whose appointment shall have been certified
> by the executive of the State, under the seal thereof, shall be counted. "
>
> How does this provision relate to the ongoing discussion of the power of
> the Florida legislature under the Constitution?  Is this law constitutional?
>
> --Bill
> William Lasser
> Professor
> Department of Political Science
> Clemson University
> Clemson, SC 29634-1354
> 864-656-3246
> 864-656-0690 (fax)