cnredd said:
REcounts...Not counts...REcounts...
If a vote is in dispute because people differ on the intent of the voter due to inadaquacies in the ballot itself, a standard MUST be established beforehand to decide how the ballot would be recounted...That did not happen...
If votes are treated equally within each county then there is no violation of the equal protection clause. Equal protection is basically defined as discriminating against a voter with intent. Where's the harm in making sure every valid vote counts, even if differing standards are used within different counties, the candidates are treated equally. Whether or not they are recounts has nothing to do with it.
cnredd said:
In fact, a candidate could actually LOSE votes because the person(and monitors) recounting the ballot interpret it differently than the way the voter originally intended it...
With reps from both parties, and election officials and the media present, I hardly think any vote would be counted UNLESS the intent of the voter was crystal clear.
cnredd said:
If you remember correctly, Gore wanted recounts in ONLY four counties...Wanna guess on the political affiliations of those four?...Would you call that fair?...
That was within Gores rights...he originally offered to have every county recounted, but, of course, Bush wanted nothing to do with that, yet he always campaigned on his slogan of "I'm for the people." Then how is an election stolen by letting every valid vote of the people be counted?
cnredd said:
That's why GWB lawyers trumped it and got ALL counties to be recounted...and I'm sure you would agree...
Bush's lawyers had nothing to do with it. Under FL Election Code 102.141 a difference of less then one half of one percent demands an automatic machine recount...a recount that dropped Bush's lead from 1,784 votes to 327 votes.
cnredd said:
In the Flordia laws, there is a certain date that the state MUST certify the count as official on that date...There is nothing in there that exempts them from it...
The Florida Supreme Court tried to circumvent that by allowing the recount to proceed, which obviously would have gone past that date...Making the Florida State law useless...
Sorry, but you should get your info from another source. This simply isn't correct.
In 1960, Hawaii didn't choose their "electors: until January 4th, 1961, well after the Title 3 deadlines of December 12th and 18th. 3 USC/5 is not a federal deadline of December 12th and there is NO state statute in FL for December 12th being a cutoff date for the counting of votes.
Kinvin Wroth, dean of Vermont Law School and an expert on the electoral college said that a 'recount could've gone on right up to the last day of Congress' joint session on Janurary 6, when the electoral votes are counted in Congress.
Suffice it to say, there is no date in law that is set in stone.
cnredd said:
Is that how you want courts to decide things?...By overruling their own established laws that are not unconstitutional?
And exactly what laws did FL overrule? ( I'll answer that for you...none.)
cnredd said:
Nope...The USSC said, "The Judicial Branch of the state cannot usurp the power of the Legislative Branch...If they have a law that says the ballots have to be certified by a certain date, no one has the power to change that except for the Legislative Branch itself."They didn't actually say that...I'm paraphrasing...
I'm glad you paraphrased that, because no way did the USSC ever say anything of the sort.
The date you're referring to is simply called "Safe Harbor," which basically means once the electors are chosen by this date, then congress cannot contest the results, but there is no date for the cutting off of counting of votes, or undervotes... it simply doesn't exist except for where I indicated above. There was ample time to have recounts and still have everything within both federal and FL election law.
cnredd said:
Thanks, but if this is where you're getting your info from, I think I'll pass.