Tags: Illinois | Now | Key | Florida

Illinois Now Key to Florida

Wednesday, 22 November 2000 12:00 AM

"The purpose of our election laws is to obtain a correct expression of the intent of the voters. Our courts have repeatedly held that, where the intention of the voter can be ascertained with reasonable certainty from his ballot, that intention will be given effect even though the ballot is not strictly in conformity with the law. ... To invalidate a ballot which clearly reflects the voter’s intent, simply because a machine cannot read it, would subordinate substance to form and promote the means at the expense of the end.

The voters here did everything which the Election Code requires when they punched the appropriate chad with the stylus. These voters should not be disfranchised where their intent may be ascertained with reasonable certainty, simply because the chad they punched did not completely dislodge from the ballot. Such a failure may be attributable to the fault of the election authorities, for failing to provide properly perforated paper, or it may be the result of the voter’s disability or inadvertence. Whatever the reason, where the intention of the voter can be fairly and satisfactorily ascertained, that intention should be given effect."

Pullen v. Milligan, 561 N.E.2d 585, 611 (Ill. 1990)(citations omitted)

This passage will be used today in a Palm Beach County courtroom when the Gore forces go to Judge Jorge Labara and ask that he force the county canvassing board to include 800 dimpled/indented ballots. If so counted, these 800 would translate into a 300-vote pick-up for Gore. Those votes, combined with pick-ups in Dade and Broward, would put Gore ahead of Bush in the manual recount.

Similarly the Gore legal team, armed with this totally pro-Gore ruling, will use it to cajole, prod, squeeze and argue the Dade County Canvassing Board to

It is on this

These votes are the source of contention between the two campaigns and explain the normally reserved James Baker’s almost frantic performance late last night. His ill-prepared threats to use the Florida legislature to reverse the Supreme Court’s ruling may come back to haunt him. Because if this case returns to the Supreme Court in Tallahassee – and it very well might during the "contest" phase – that court is not going to appreciate Baker’s tone and demeanor.

Teddy Roosevelt’s motto was "Speak softly and carry a big stick." The modern-day post-Reagan GOP has become "Yell loudly and then wimp out."

Gore has so far won each legal battle all across the Sunshine State. But he has to win two more key court cases: convincing Palm Beach and Dade to include the dimples.

If successful, Gore will go ahead in the recount and have a shot at the presidency.

If not, Bush is our 43rd president.

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The purpose of our election laws is to obtain a correct expression of the intent of the voters. Our courts have repeatedly held that, where the intention of the voter can be ascertained with reasonable certainty from his ballot, that intention will be given effect even...
Illinois,Now,Key,Florida
512
2000-00-22
Wednesday, 22 November 2000 12:00 AM
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