-Caveat Lector-
Dec. 8 � Adding another blow to Vice President Al Gore�s
dwindling election hopes, two Florida circuit court judges have
dismissed lawsuits from Democratic voters that sought to toss out
thousands of absentee ballots in two counties.
The judges found that, despite voting irregularities,
�neither the sanctity nor the integrity of the election has been
compromised, and that the election results reflect a full and
fair expression of the will of the voters,� court spokeswoman
Terre Cass announced this afternoon at the Leon County Courthouse
in Tallahassee.
Although Gore was not a party to either case, positive
rulings for the Democratic voters could have depleted George W.
Bush�s slim 537-vote lead in the race for the state�s 25
presidential electors. Democratic lawyers said they would
immediately appeal the rulings.
Leon County Circuit Court judges Terry Lewis, who heard the
Martin County case, and Nikki Clark, who heard the Seminole case,
released their rulings jointly this afternoon as the candidates
awaited a third ruling from Florida�s highest court on Gore�s
contest of the certified state tally.
Democratic voters wanted the judges to throw out close to
25,000 absentee ballots in the two counties, alleging some of the
ballots are tainted because county election officials allowed
Republicans to correct errors on ballot applications. Had the
judges ruled in their favor, more than 7,000 votes could have
swung to Gore � far more than Bush�s current lead.
The circuit court rulings provide the latest legal twist in
the monthlong presidential battle, but are far from the final
word on who will win the White House. As the decisions were
announced in the Tallahassee courthouse, the Florida Supreme
Court mulled Gore� request for a hand recount of thousands of
disputed ballots in South Florida. Across the street from the
state high court, the Republican-controlled Legislature met in
special session to consider appointing a slate of Bush electors
regardless of the outcome of the lawsuits.
State legislative leaders convened a special session shortly
after noon to decide whether to intervene and appoint the
Legislature�s own set of state electors, presumably for Bush. If
Gore prevails in the high court, the Legislature�s move sets up
the possibility that two sets of electors could be picked to vote
in the Electoral College on Dec. 18.
As the Dec. 12 deadline for picking Florida�s 25 prized
electors looms, Gore�s team is banking on a quick ruling from the
state�s highest court. A loss for Gore could signal the end of
the prolonged presidential battle, as his lawyers have said he
would not appeal to the U.S. Supreme Court. Bush�s lawyers have
said they would quickly appeal a negative ruling from the Florida
high court.
Although Gore has not said he would immediately concede if
he loses in the Florida high court, he would likely face
escalating pressure from both Republicans and Democrats to give
in, political experts say.
Could Have Swayed Election During closing arguments Thursday in
the Seminole case, Clark questioned whether it was fair to toss
out votes that were legally cast for the presidential election.
She asked whether she should penalize voters who cast lawful
absentee ballots because a county election supervisor violated
procedures for absentee ballots.
�Is she the one who should be punished or the voters?� Clark
asked Democratic lawyer Gerald Richman. �As far as they knew,
they thought they were voting legally. If the court can give
effect to the will of the people because it�s clear what their
intent was, why shouldn�t I do that?�
In the Martin County case, Democratic lawyer Ed Stafman
argued that county election supervisor Peggy Robbins broke state
law by allowing Republican operatives to supply voter
registration numbers to 673 absentee-ballot applications that
would otherwise have been rejected.
�Clearly the Republicans were the wrongdoers here,� Stafman
told Lewis. �These people voted unlawfully; they obtained ballots
they didn�t have a right to obtain.�
But the Republicans said federal law does not allow voters
to be prevented from voting simply because of an immaterial error
or omission on a ballot application.
�Whether it�s 15,000 or one, these people had a right to be
heard, they had a right to participate in our democracy,� said
Terry Young, an attorney for the Republicans.
High Court Questions Authority During spirited oral arguments at
the Florida Supreme Court on Thursday on Gore�s contest of the
Florida election, several justices seemed troubled by whether and
how they could satisfy Gore�s request for a recount of certain
disputed ballots.
At issue is a Monday ruling by Leon County Circuit Court
Judge N. Sanders Sauls that rejected his request for a hand
recount of at least 14,000 South Florida ballots.Gore�s lawyers
appealed to the state�s high court, arguing Sauls� ruling was
based on �flawed conclusions of law.� Bush wants the court to
reject the appeal.
Signaling the rough grilling to come for the Gore team,
Florida Supreme Court Chief Justice Charles T. Wells began
Thursday�s hearing by questioning whether the case belonged in
his court at all.
Didn�t an 1892 U.S. Supreme Court ruling give state
legislatures � not state courts � unfettered power to appoint
presidential electors, Wells asked.
Attorney David Boies, speaking for Gore, responded that he
was asking the Florida high court to merely interpret laws passed
by the Legislature � not take responsibility for appointing
presidential electors.
Questioning the court�s jurisdiction, Bush lawyer Barry Richard
and Secretary of State Katherine Harris� attorney, Joseph Klock,
both told the justices Gore was asking them to exceed their
powers and usurp the role of the Legislature. �You have to create
a pile of law� to grant Gore�s request, Klock told the court.
Today, as the justices pondered the case, Bush�s lawyers
filed an unusual, last-minute clarification, telling the justices
they don�t have authority to rule in Gore�s favor. Gore�s team
rebutted the argument, telling the high court that Florida law
made it clear that �the results of this election � and every
election� are subject to review in the courts.
Last month, the Florida high court was the scene of Gore�s
only major victory in the presidential battle when the justices
ruled unanimously on Nov. 21 to extend the deadline for Florida�s
certified tally and allow hand-recounted votes into the count.
Six of the court�s seven justices were appointed by Democrats;
one was appointed jointly by a Democrat and Republican.
But the U.S. Supreme Court set aside that ruling on Monday,
asking the Florida court to clarify its justification for setting
a new deadline. The high court opinion, viewed by some as a slap
at the Florida justices, loomed over the Tallahassee courtroom
Thursday as the court openly questioned whether it even had
jurisdiction over the case.
The justices also seemed troubled with Gore�s request to
selectively count the undervotes in some counties, and they
questioned the timing of any recount. Even if the court granted
Gore�s request, the justices asked, was there enough time to
complete the task before a Dec. 12 deadline for certifying the
state�s presidential electors?
ABCNEWS.com�s Geraldine Sealey contributed to this report.
=================================================================
Kadosh, Kadosh, Kadosh, YHVH, TZEVAOT
FROM THE DESK OF:
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