-Caveat Lector-
Gore Says Fla. Can't Name Electors
By Anne Gearan
Associated Press Writer
Thursday, Nov. 30, 2000; 10:11 a.m. EST
WASHINGTON –– Al Gore's lawyers argued to the U.S. Supreme Court
Thursday that the Florida Legislature does not have authority to
appoint its own slate of presidential electors.
Congress set Election Day as a uniform national date for
selection of electors, Gore's lawyers wrote in the latest round
of filings.
The brief, filed a day ahead of a showdown session in the high
court, argued that Florida made its presidential choice on Nov.
7, "although by a vote so close and under a counting process so
flawed that the state's courts are still attempting to ascertain
... what the choice was."
Gore's paperwork was a response to a filing Tuesday By George W.
Bush, who wants the high court to forestall what he called a
potential constitutional crisis over appointment of electors.
Bush's separate reply is also due Thursday.
"Any state legislative attempt simply to appoint electors after
the fact would appear to be federally pre-empted," Gore's lawyers
wrote.
The Electoral College meets Dec. 18. Florida's 25 electoral votes
will be decisive, since neither Bush nor Gore has a majority
without them.
A legislative committee in Florida has held hearings this week
into the possibility of stepping into the disputed presidential
election. The Republican-led Legislature may decide to appoint
its own slate of electors to the Electoral College if the issue
is still unresolved by Dec. 12, the federal deadline for setting
a state's electors.
Democrats also say they are concerned the Legislature might act
if Gore prevails in his court challenges in Florida and captures
the current slate of electors.
Bush wants the Supreme Court to rule that Florida's high court
was wrong to extend a state deadline for counties to turn in
their vote totals, and that the results of late hand recounts
should be omitted from the state tally. That could roll the
election clock back in Florida and give Bush a 930-vote lead
instead of his current 537-vote margin.
The Florida court gave three counties an extra 12 days to recount
ballots by hand at Democratic request. One county finished, one
did not and one decided to stop for lack of time.
Because the recounts are over, at least for now, some scholars
have said the Supreme Court has little useful role in the
fast-changing legal drama at this point.
But in his court filings Tuesday, Bush urged the court to put its
stamp of finality on the election, and raised the possibility of
dueling slates of electors – one with the imprimatur of the
courts, the other set by the Legislature.
"By acting now to reject the Florida Supreme Court's unwarranted
intrusion into the regulation of the manner of appointing
electors, this court will eliminate the potential for a
constitutional crisis arising out of an unseemly conflict among
Florida's legislative and judicial branches regarding the
appointment of electors," Bush wrote then.
Copyright 2000 The Associated Press
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Kadosh, Kadosh, Kadosh, YHVH, TZEVAOT
FROM THE DESK OF:
*Michael Spitzer* <[EMAIL PROTECTED]>
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