The very link you posted proves you wrong. It states:
"On November 13th, Volusia County sues to complete manual recount notwithstanding the
November 14 deadline for county Canvassing Boards to file election returns." They are
quickly joined by Gore, his legal team and the Palm Beach Canvassing Board who pursued
this action all the way to the Florida Supreme Court.
This suit is a blatant attempt to overturn election code 102.112.
This is Gore's first attempt to initiate having the courts decide the election in direct
contravention to election code which specifies a time period for recounts.
Gore started it, I rest my case.
Now, I know what your feeble argument is going to be. You are going to say that
way back on Nov 11th the Bush campaign seeks a federal injunction to stop hand
recounts because of alleged equal protection and other constitutional violations.
There is a very big difference in using the courts as intended - to interpret
existing laws - than to use liberal courts in friendly territory to overturn election
laws on the books as Gore attempted to do. And later to have a liberal Florida
Supreme Court actually write election law from the bench - a direct result of
the litigation initiated by Al Gore.
By the way, The Supreme Court of the United States of America found in
favor of Mr. Bush in case number 00-863 where the Court ruled and stated
the following:
"After reviewing the opinion of the Florida Supreme Court, we find "that
there is considerable uncertainty as to the precise grounds for the decision."
(In other words the United States Supreme Court chastised the Florida
Supreme Court for making decisions that were groundless and not based
on legal precedence and sent the decision back to them so they could
revisit it and perhaps provide some valid grounds for their decision if
they persisted with it.)
The Supreme Court of the United States of America further said
the Florida Supreme Court's decision based on "obscure adjudications
by state courts do not stand as barriers to a determination by this
Court of the validity under the federal constitution of state action."
(In plain English - you can't baffle us with bull****.)
The Supreme Court of the United States of America concluded,
"The judgment of the Supreme Court of Florida is therefore
vacated, and the case is remanded for further proceedings
not inconsistent with this opinion"
(In plain English, the Supreme Court of the United States of
America told the Florida Supreme Court to go back to the
drawing board and try to come up with a valid decision
backed by valid precedence and in accordance with the
United States Supreme Court's instructions.)
To summarize, Gore and the Democrat party lawyers initiated
a suit in Volusia County in Florida Circuit court with respect to
the rights of canvassing boards.
This court found that the 7-day deadline was mandatory
but that Volusia County could amend their returns at a later date.
(In other words the seven day deadline could be circumvented).
and that the Secretary of State could exercise her discretion
in deciding to include the late returns in the statewide certification.
(In other words, again circumventing the 7-day deadline and
guaranteeing an avenue for appeal to a higher court under any
circumstance. A not so clever case of passing the buck.)
What the circuit court did was cleverly rewrite election law
while seeming to uphold existing law. This ruse did not work.
When the Secretary of State attempted to follow the circuit
court's rewriting of election law and decided none of the
four counties who filed requests to have late returns included
in the tallies did not have valid reasons for justifying an
extension of the filing deadline it was abhorrent to Gore et al.
Gore and his legal team refused to accept the Secretary of
State's decision and filed an emergency motion in the state
court that the Secretary had acted arbitrarily and
in contempt of the Circuit Courts ruling that she could
exercise her discretion . . .
The following day the state court denied the motion and
ruled the Secretary of State had not acted arbitrarily
and had exercised her discretion is a reasonable manner
in accordance with the court's earlier decision.
Gore and all went into a tizzy and appealed this decision to
the First District Court of Appeals that enjoined the Secretary
of State and the Elections Canvassing Commission from
certifying the results and declaring a winner "until
further notice of that court" (In other words the
Court of Appeals was ignoring the 7-day deadline upheld
by a lower court and arbitrarily suspended the implementation
of the deadline - i.e. they legislated from the bench.)
The Supreme Court of the State of Florida was then
called in and expeditiously decided on Nov 21
"Because of our reluctance to rewrite the Florida Election
Code, we conclude we must invoke the equitable powers of
this Court to fashion a remedy . . ."
This they did by extending the 7-day limit by twelve more
days. (In other words the Florida Supreme court also wrote
election law from the bench.) while upholding the decision
of the Court of Appeals. Upholding and adding to . . .
I guess they weren't all that reluctant to write
election law, in spite of their claim to the contrary.
The United States Supreme Court put an end to it by
ruling the Florida Supreme court had no power to write
election law and further could cite no legal precedence or
existing legislation that might give them right to do so.
Passing laws that are in direct conflict to existing
election law, is not the right or duty of courts when
it comes to affecting elections for President of the
United States of America, at least. This is now
the law of the land. Gore and the Democrats
lost in more ways than the election of 2000
Please reference The Supreme Court of the United States
No. 00-836, George W. Bush, Petitioner v. Palm Beach
County Canvassing Board et al. on writ of certiorari to
the Florida Supreme Court. You will find all that I've
written to be an accurate representation based on this
case.
Next time, don't mess with someone who knows the
law.
CN
"thunder" wrote in message ...
On Thu, 25 Nov 2004 13:50:28 -0500, =?Windows-1252?Q?Capt._Neal=AE?=
wrote:
Isn't it quite sad how Democrats seem to accept the tactic of attempting
to use the courts to win their elections?
Gore started this tactic without realizing it is a lose-lose proposition.
Typical, stupid, arrogant Democrat methods have lost them the House, the
Senate, the Presidency and large numbers of governorships.
Once again, you spout incorrect drivel. You really should pay more
attention to national events. On Nov. 11, 2000, George Bush was the first
to go to the courts. Ignorance is bliss, eh?
http://uselectionatlas.org/INFORMATI...00timeline.php