Presidential Election:
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Justice Scalia & Presidential Election

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Posted by Mark Serati on December 11, 19100 at 18:14:15:

To whom it may concern,

I am some what confused or perhaps misinformed. It is possible I am just another American born, under- educated moron placed on this earth for the sole purpose of having my intelligence insulted by government representatives, political party officials, and media propagandists such as Matthews, Limbaugh, O’Reilly, etc. I hope there is an alternate reason I am here.

There was a US Presidential election. It was close election. The ociated Press statisticians initially gave the election to Al Gore 15 minutes before the Florida poles closed. Jeb Bush immediately called George W. and guaranteed that he, George W., would win the electoral votes of the state of Florida. Within the hour, news stations were retracting that Gore had won Florida and placed it in a "too-close-to- call" category. When the democratic precincts start reporting in, the news stations announced there was trouble with Florida’s reporting/tallying system. When all is said and done, George W. wins the initial machine count.

The vote is so close however, that an automatic machine recount is automatically triggered. George W. wins again. Gore sends a team of lawyers to investigate and file for a hand recount in certain districts as allowed by law. The canving boards grant the recounts. Some recounts are stopped by Florida Secretary of State Kathleen Harris who, as I understand it, had no legal right to do so. The canving boards are confronted with lawsuits from the Bush campaign regarding standards, political threats from Kathleen Harris, and physical threats from an unruly mob inside the Miami-Dade building where the counting is going on. Gore files lawsuit after lawsuit to exercise his right to the hand recount. Continually the recount is interrupted or stopped. The Florida Supreme court gets the recount going again, but it is not complete before Kathleen Harris declares herself a non-partisan and certifies George W. the winner.

Bush appeals to the US Supreme Court who ignores state sovereignty and accuses the Florida Supreme Court of making law and sends the case back. The Florida Supreme Court again starts the recount. The US Supreme Court again halts the recount as it may be detrimental to George W. and "his election".
The question is whether the standards used in the recount are constitutional. In the thousands of hand recounts which have occurred in the US, since when has it become a Constitutional question?

Facts as I understand them:

The laws in place prior to the election must be followed.

The results must be in by Feb. 18th although the Florida Republicans may not certify them

There are standards in place. The Florida legislature has left it up to the canving boards since the law was written and it needs no further clarification. Too bad they’re democratic precincts and it doesn’t favor Bush.

All Florida precincts should not be counted. Bush chose to obstruct the counting of the ballots rather than embrace it. It is to count uncontested precincts not filed within 72 hours of the election.

In regard to the certification deadline and all other deadlines. I do not have the Florida statutes, but all the US Code I have previously read had one thing in common. It made sense. Common sense was intended to apply where conflicting statutes occurred, unless clarification was included. Regardless, once the hand counts were ly obstructed by Kathleen Harris, the certification deadline should have been declared void.

The legislature has the right to appoint electors, but it should appoint electors if and when the votes are counted to the candidate receiving the most votes, not the one who merely belongs to the majority party. To do so at this time shows little respect for the Courts, the Constitution, and the people of the United States. It should be considered Treason.

What I don’t understand:

Why Ms. Harris wasn’t arrested for obstructing an election; or at least removed from her position as Florida Secretary of State after stopping some of the recounts?

Why wasn’t the mob arrested in Miami-Dade for obstructing the election and threatening public officials? They’re on camera and could still be found and arrested.

Why weren’t the Republican representatives and the absentee ballot representatives involved in the application altering scandal prosecuted?

What causes a chad to have a hole punched through it or hang without dislodging. Either a tampered with or full voting apparatus, or a punchcard die which was tampered with. As one congressman so eloquently stated. Sure I know the punchcard business; I was in it. Now I’m a Congressman".

Summary:

There is a Constitutional question here. That is whether the US Supreme Court is going to allow a political party to obstruct recounts, threaten canving officials, file needless lawsuits, and all the while lie to public in order to let the time statute run out on an election they initially won, but themselves admit was tainted with fraud and that they would most likely lose if properly counted? If they do, they have indeed undermined the US Constitution and the democratic republic it represents.




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