FYI -- In case anyone wants to do some more research, here's a good, searchable website on the Constitution, Ammendments, and related laws with explanations: http://www.access.gpo.gov/congress/senate/constitution/toc.html I may go through it more later, but be sure and check out the 12th and 20th ammendments, which have to do with the election of the president. The 12th has the section that states that the electoral votes of a state can only be counted if certified by the governor of a state. Both discuss what is to happen if no candidate receives a majority of the electoral votes. (The 20th does override some previsions of the 12th). ------------------ Stay Cool...
Your questions paint the picture of exactly how confusing this entire thing is. I don't know if there is any precedent for it whatsoever. The people hae spoken, but now the entire thing is out of the people's hands. All we can do is watch and wait. ------------------ I am the b*stard son of LHutz. Huh? Right!
From what I understand, by Florida state law, the courts basically have the legal right to do whatever the hell they want in vote disputes. U.S. Law (from what I have heard) basically gives Florida the right to more-or-less do whatever the hell they want. I guess if there's enough public support and such, Florida courts could go for it. Not really sure, though. ------------------ Is it any coincidence that the Cato is the only Rocket with a temperature scale named after him? I didnt think so!!!!
Say both finish Florida at 49% each with only a couple hundred votes between them. Seeing how Gore is winning the National poular vote by over 200,000, it somehow doesn't seem fair that there is not some sort of runoff or re-vote. This is a huge mess. There are so many screw-ups concerning the votes in Florida. The fact that over 19,000 are being thrown out makes it all that much worse. Those 19,000 votes could considerably change the outcome of Florida yet those peoples votes will not count. Where is the justice?! This is unprecedented and it will be a shame that either candidate could be a casualty of an imperfect system. ------------------ RocketFuel is dead! [This message has been edited by SpaceCity (edited November 09, 2000).]
There has never been, to my knowledge, any re-vote anywhere at any time on any level. Even in races where there was obvious corruption, there was no revote allowed (and in some corrupt elections, the potentially corrupt votes were not thrown out). Any lawsuit would eventually end up at the Supreme Court regardless of where it starts. But considering that there is no precedent for a revote (and that the supposedly confusing ballot was used in prior years and was published in the newspaper and mailed to some voters and approved by operatives from both sides of the aisle), it is unlikely that the courts will side with the prospect of a revote. ------------------ Houston Sports Board The Anti-Bud Adams Page
But considering that there is no precedent for a revote (and that the supposedly confusing ballot was used in prior years and was published in the newspaper and mailed to some voters and approved by operatives from both sides of the aisle), it is unlikely that the courts will side with the prospect of a revote. The first time something happens, there is never a precedent. ------------------ Is it any coincidence that the Cato is the only Rocket with a temperature scale named after him? I didnt think so!!!!
I don't like it , but a re-vote is unlikely to be granted at the State Supreme Court level. ( A democratic court by the way) However, the only other alternative would be for the court to toss out those votes if they found error in the system. That means they'd be taking away the consitutional rights of the citizens in all of, or part of, Florida. So, what does the court do if they find error? It is going to be wild to see what decision the courts make. It ultimately will come down to what they decide. Everything appears headed in that direction. The people will surely take this to court. We have a movie in the making! If you thought OJ got coverage. Imagine this. ------------------ humble, but hungry. [This message has been edited by PhiSlammaJamma (edited November 09, 2000).]
That means they'd be taking away the consitutional rights of the citizens in all of, or part of, Florida. This is the key in my mind. Confusion could be dismissed as "tough s@$#". But if voters were not assisted by election officials, and the ballot was illegal, then there's a constitutional right to vote issue. Could get very interesting! ------------------ Is it any coincidence that the Cato is the only Rocket with a temperature scale named after him? I didnt think so!!!!
I know, but Courts like precedent. And far more often than not decide with precedent rather than reversing it. ------------------ Houston Sports Board The Anti-Bud Adams Page
Washington Post: Dallas Texas: Is there a legal basis/precedent for a court granting another vote either in specified counties or statewide in Florida? Michael Gerhardt: There are rare cases. One relatively recent example involves Bill Delahunt from Massachusetts who is now in the Congress. Delahunt eventually won the election as a result of his obtaining a revote based on similar circumstances. That's the closest case about which I know, but of course took place in a different jurisdiction. I know of no cases in Florida like this. Greenbelt, MD: Has there ever been a revote in any federal election? Michael Gerhardt: Yes, but the revote is typically confined to particular precincts and not allowed across the board. So in this case, it wuld not be unprecedented for a revote to occur, for example, in one county Somewhere, USA: Under Florida laws about ballot design, what is more important: the fact that some punch holes were on the LEFT of the ballot paper, not the RIGHT, or the fact that nobody complained about the design before the election? Michael Gerhardt: The fact that the punch holes were on the left instead of the right. If something is illegal, it is illegal. The critical thing to keep in mind is for whose benefit the law exists; it exists not for Gore's benefit, not for Bush's benefit, not for either party's benefit, but for the benefit of the people of Palm Beach County. Charlottesville, VA: What is the likelihood the Supreme Court will be forced to intervene? Michael Gerhardt: That's a good question because Supreme Court review depends on the presence of a federal question and the lawyers for the challengers will have to pose a credible federal question in their lawsuit in order to ensure ultimate Supreme Court review. Without a federal question, the final court to consider this, assuming this begins in state court, is the Florida Supreme Court. Baltimore, MD: Would a revote typically limited to those who voted on election day or would it be open to any registered voter? Michael Gerhardt: Only the former. It would be unfair and illegal to allow new voters to intervene. The only question is whether people who voted before could vote again. ------------------ humble, but hungry. [This message has been edited by PhiSlammaJamma (edited November 09, 2000).]
In 1996 15,000 ballots were thrown out In West Palm Beach for DOUBLE PUNCHING. SO that shows people that West Palm Beach has a history of Double Punching. Now are you trying to tell me that because the election is close, we should allow people to ReVote? No. Jesse Jackson and the NAACP are feeding a feeding frenzy as is Al Gore's people. Jesse needs to get the hell out of FLorida now. No matter what happens his followers will still be pissed. But by that time he will be long gone, with the camera crews on to the next 'public interest'. These ballots were NOT thrown out because they were for Gore. They were thrown out because they had TWO candidates punched JUST LIKE in 1996. ------------------ "Her Box Started Buzzing Ever Since She Heard The CRÜE"
There's been a lot of talk about a re-vote, but does anyone have an example of where one occurred? What was the situation? What was the result? There are a lot of precidents for recounts and run-off elections, but I don't remember ever hearing of a re-vote. And what would trigger a re-vote? I haven't heard of any set legal procedure for calling or conducting a re-vote. The only solution I can think of is to file suit in court, and have a judge declare the vote invalid -- but which court would have jourisdiction; the county court? State Court? US District Court? US Supreme court? And if it is called, what procedure is in place for a new election, or would that be for the judge to decide? Who would the appeal (and you know there would be one!) go to? ------------------ Stay Cool...
