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View Diary: A Letter to Justice O'Connor (114 comments)

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  •  SCOFL never restricted to undervotes (10+ / 0-)

    They said that all legal votes should be counted--the votes that, according to Florida law, gave a "clear indication of the intent of the voter."

    According to RFK Lives, individual canvassing boards were already counting overvotes. And the FL state courts were indeed on the verge of making a statewide decision on what to do with the overvotes:

    The Newsweek disclosure – a memo that the presiding judge in the state recount sent to a county canvassing board – shows that the judge was instructing the county boards to collect “overvotes” that had been rejected for indicating two choices for president when, in reality, the voters had made clear their one choice.

    “If you would segregate ‘overvotes’ as you describe and indicate in your final report how many where you determined the clear intent of the voter,” wrote Judge Terry Lewis, who had been named by the Florida Supreme Court to oversee the statewide recount, “I will rule on the issue for all counties.”

    Lewis’s memo to the chairman of the Charlotte County canvassing board was written on Dec. 9, 2000, just hours before Bush succeeded in getting five conservative justices on the U.S. Supreme Court to stop the Florida recount.

    If SCOTUS had allowed the recount to continue, we would have had that ruling from Judge Lewis to determine the legal status of the overvotes.

    If indeed SCOFL had excluded the overvotes in its ruling, it seems strange that Judge Lewis would have bothered to issue a ruling on their status. Why does there need to be a ruling on votes that have already been excluded?

    It appears the system was working, however slowly and imperfectly, toward a just conclusion, until SCOTUS decided to call a halt to the proceedings. That just conclusion would have resulted in President Al Gore.

    "In America, the law is king." --Thomas Paine

    by limpidglass on Mon Apr 29, 2013 at 08:39:38 PM PDT

    [ Parent ]

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