Election 2004: Vote Early and OftenNovember 21, 2000 part 2
Wednesday, October 27, 2004, 09:59 PM
I'm trying vainly to find a quotable quote from the oral arguments in front of the Florida Supreme Court and failing. It wasn't just lack of sleep that made it difficult last night; it was the lack of sound-bytable material.
The questions centered around the Florida statue, 102.111 and 102.112. I vaguely remember looking them up and reading the fine print. What a waste of brain cells! (I lived in New York at the time.)
But here's why I looked it up.
Mr. Hancock: ...it is plainly set forth in the statute, that, in that recount, county officials should look at those ballots to determine the intent of the voter...
Justice Harding: But there is, also, a provision of that statute that says it should be done within seven days.
Mr. Hancock: Yes, Justice Harding, there is, and there is the following section, after that, that says that the first section you cite says they shall be done in seven days or not counted. The next section says they may be counted, if they are not done in seven days, so there is a conflict.
So the Court was stuck trying to figure out a schedule which would get the votes counted and get all challenges in court concluded by Dec. 12, as mandated by federal law.
Another choice bit:
Mr. Hancock: ...even if you leave aside the manual recount provisions, you have got a statutory system that does not contemplate that seven days brings down a curtain.
Justice Harding: What is the time limit, then?
Mr. Hancock: Well, Your Honor, if I were sitting in your chair, that would be a difficult question for me. It is an even more difficult question standing where I am.
A question no one wanted to answer because the only way to do it was to make up aschedule out of whole cloth.
You can relive those electrifying moments by listening to the arguments via the Florida Supreme Court's web site. Or you can just wait a few weeks for the remake.
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