The House and the Senate held separate committee meetings Monday to hear testimony from constitutional scholars, lawmakers and citizens as the Legislature considered House Concurrent Resolution No. 1-A.
Florida Democrats are attacking the move as a political favor by Florida Republicans for Gov. Jeb Bush, George Bush's brother. Democrats also called the move illegal. "It is dangerous and unprecedented for the Legislature to go outside its own laws," Florida House Democratic Leader Lois Frankel said.
Bush has a certified lead of 537 votes in Florida, enough to give him the Electoral College majority to become the 43rd U.S. president if sustained. But the Florida Supreme Court Friday ordered hand recounts of disputed ballots to proceed. The recount was stayed Saturday by the U.S. Supreme Court until it could hear oral argument Monday morning.
Democrats said the U.S. Constitution and federal law direct Florida lawmakers to decide the manner of determining the fate of the 25 electoral votes. Florida law says that determination is made by Floridians' votes cast on Nov. 7. The law also provides recourse for election challenges – including hand-counting ballots.
By moving unilaterally to do otherwise, Republicans are circumventing Florida's own laws, Democrats said. "We believe the legislators who make the law must be able to obey the law," Frankel said.
The Florida Democratic Caucus also wrote Gov. Jeb Bush Monday to complain. "With the contest of the Presidential election in Florida now in the hands of the United States Supreme Court, we urge you to request that our Republican colleagues in the Florida House and Senate allow this contest process to play itself out and that the winner of Florida's electoral votes be determined without interference by the Florida legislature."
Republicans started their hearings as the U.S. Supreme Court Monday heard oral arguments from attorneys for Bush and Vice President Al Gore on whether to allow the hand recount of Florida ballots to move forward.
Republicans in Florida said they are simply moving to avoid a vote by the Electoral College while Florida's electoral votes are still in doubt. The resolution is simply designed to protect Florida voters, Republicans argued.
Republicans said they might hold a vote on the resolution in the House on Tuesday and in the Senate on Wednesday.
"The Florida legislature finds that the election for electors for President and Vice President of the United States of America held on November 7, 2000, ultimately failed to make a choice of such electors," the resolution reads, and then lists, by name, 25 Floridians who Republicans said will cast their vote for Bush – no matter what happens anywhere else.
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