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Thursday November 30 11:59 AM ET
Fla. Lawmakers OK Special Session
By DAVID ROYSE, Associated Press Writer
TALLAHASSEE, Fla. (AP) - A committee of the Republican-controlled Florida
Legislature called on Thursday for lawmakers to meet in special session ``as
soon as practicable'' to consider appointment of a slate of electors in the
state's contested presidential election.
The vote came over the objections of Democrats, who said there should be no
interference in the election controversy.
No date was set, although the plan was for lawmakers to convene sometime
before Dec. 12, the day fixed in law for appointment of presidential electors.
The committee's action represented a key ingredient of George W. Bush (news -
web sites)'s plan to close out Al Gore (news - web sites)'s challenge for the
White House.
Even before the committee acted, Gore's lawyers filed papers in the U.S.
Supreme Court (news - web sites) challenging the right of the legislature to
intervene.
``What the hell is going on here? You know and I know it, this is not the
right thing to do,'' said Senate Minority Leader Tom Rossin.
But the new House speaker, Rep. Tom Feeney, is pressing forward.
``I don't believe there's an option at this point and I'm prepared to go,''
said Feeney, who along with the Senate president has the power to call a
special session. ``I'm standing on the playing field ready to put my helmet
on.''
The committee was expected to decide that the Legislature should name its own
slate of voters to the Electoral College (news - web sites).
``I can't believe that the people of Florida want to see the expression of
their will taken away by politicians,'' Gore told CNN. ``I think you'd see
quite a negative response to it.''
An ABC News-Washington Post poll released earlier this week found that by a
2-1 margin, Americans disapproved of Florida's Legislature getting involved
in determining the winner.
Republicans say the U.S. Constitution allows them to step in because the
legal wrangling over who won Florida could drag past the Dec. 12 deadline for
naming voters to the Electoral College, putting in jeopardy the state's
participation.
Democrats contend it's nothing more than a Bush campaign backup plan to
assure his electoral victory, even if Gore's legal challenges make him the
court-declared winner of the election.
Sen. John McKay, president of the Senate, has said it was a ``reasonable
conclusion'' that the Legislature would name its own slate of electors. But
he was moving cautiously.
``This is too important an issue to be taken lightly,'' he said. ``We're
going to give it the attention and the respect that it deserves.
McKay said he had not decided for sure whether a session was needed, and was
waiting for a report from the committee looking into the issue. ``If I didn't
wait for the report that would be hypocritical,'' he said.
If the state's 160 lawmakers - 102 of them Republicans - do name a slate of
25 electors pledged to Bush, it could put Florida Gov. Jeb Bush in an odd
position. He would be asked to sign off on a measure that could effectively
make his brother the president.
However, it was not clear whether the Legislature would have to pass a law
appointing electors, or could do so via a concurrent resolution that would
not require a gubernatorial signature. Roger Magnuson, majority council to
the state senate, said at a hearing Wednesday that he thought a concurrent
resolution would be the way to go.
Jeb Bush said it would be ``an act of courage'' for lawmakers to go into
special session and that he would sign legislation naming a separate slate of
electors ``if it was the appropriate thing to do.''
``I admire them for at least, on a contingency basis, accepting that
responsibility and duty,'' Bush said outside a Cabinet meeting. ``If there is
uncertainty, the Legislature has clear delegated authority from the U.S.
Constitution to seek the electors.''
But Bush added that he would bow to the U.S. Supreme Court if it ultimately
decided Gore won the election. ``If the U.S. Supreme Court disagrees with the
Florida Legislature, I think the United States Supreme Court trumps the
Legislature,'' the governor said.
A House Democratic leader said the ultimate decision on whether the
Legislature weighs in could end up coming from outside the Capitol.
``The shots are going to be called by the Bush campaign. If the Bush campaign
wants it to go, it'll go,'' Rep. Lois Frankel of West Palm Beach said.
McKay said he has relied on the opinions of legal scholars who say the
Legislature has the power under the Constitution to name electors if there is
a chance the state's voice will note be heard in the Electoral College.
``What I've heard so far is if all the contests are not concluded by the
12th, the Legislature has a responsibility to create a safety net,'' McKay
said. ``If that's our responsibility, that's our responsibility.''
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