Seminole County ballots

Bryan Wildenthal bryanw at TJSL.EDU
Thu Nov 30 17:39:39 PST 2000


Even conceding all of this, even I as a Democrat don't see why it would
support the drastic remedy of disenfranchising thousands of otherwise
apparently bona fide votes, when other remedies for such illegal conduct
would seem more than adequate.

Of course, you are right in the sense that if this had happened in one of
those evil "Democratically controlled counties," Bush and his associates
would now be hyperventilating with outrage.

Bryan Wildenthal, Thomas Jefferson School of Law

> -----Original Message-----
> From: romberjo at SHU.EDU [mailto:romberjo at SHU.EDU]
> Sent: Thursday, November 30, 2000 3:06 PM
> To: CONLAWPROF at listserv.ucla.edu
> Subject: Re: Seminole County ballots
>
>
> Where is the outcry from Republicans re: the Seminole
> ballots?  Florida law
> quite specifically makes it illegal for anyone other than the
> voter, his
> guardian, or family member to fill in the voter registration
> number on the
> absentee ballot application.  The legislature imposed this
> rule, as per its
> Article II mandate to chuse the method of election.   The legislature
> decided that this rule was necessary as a prophylactic to
> prevent absentee
> ballot fraud; wisely or unwisely, it drew a bright line that does not
> require any evidence of actual fraud.  Seminole County wishes
> to sidestep
> this clear legislative enactment -- to change the law after
> the election!
> -- because it believes the illegality to be "technical";
> bizarrely enough,
> Seminole County believes that it can ascertain what the voter "really
> intended" in submitting an insufficient application, and arrogantly
> presumes that it has the equitable power to decide that making every
> "reasonably ascertainable" vote count trumps the clear language of the
> statute.  Seminole County has not only misinterpreted Florida
> law, it has
> violated the Federal Constitution and 3 U.S.C. 5!
>
> -- Jon Romberg
> Seton Hall
>



More information about the Conlawprof mailing list