Read Post #108, my intellectually impotent friend.
Despite these explicit statutory powers, Secretary of State Katherine Harris testified that the Florida Constitution created an election system founded upon local control.[18] She testified, “[N]either I nor my staff are authorized to direct the conduct of these supervisors of elections.”[19]
Secretary Harris, detailing her official responsibilities, stated that within the framework provided by the Florida Constitution and the laws of the state, “the Department of State is responsible for the qualification of candidates for state and federal office and for district offices where the district comprises more than one county; for campaign finance reporting for candidates who qualify with the division; and for maintaining a central voter file.”[20] Secretary Harris characterized her authority over the administration of elections as “ministerial” and stated, “[W]e attempt to achieve uniformity in the interpretation of the election code, but we are without authority to direct the conduct of county supervisors of elections.”[21]
It is obvious that the county supervisors do not have unilateral authority over the administration of elections and that the secretary of state has substantial authority over the process. For example, the secretary of state is required to adopt rules establishing standards for voting systems, but the county supervisors are to establish written procedures to ensure the accuracy and security of voting systems and procedures used in their county.[22] The voting systems must be certified by the secretary of state, but decisions about which system to use are made by the supervisors of elections.
The secretary of state’s testimony before the Commission describing her authority over election matters as “ministerial” and, therefore, limited, is in sharp contrast to the position she took before the Supreme Court. The secretary of state’s view of her role as limited in election matters also seems to be in conflict with the legal power given to her and as enunciated by the Supreme Court. Finally, her views expressed at the Commission hearing contrast with the power she wielded over election matters when she chose to exercise her authority.
In Bush v. Gore,[23] the secretary of state, in arguing against further manual recounts, rather than downplaying her authority over election matters as limited or merely ministerial, maintained that it was her office’s Division of Elections that was “charged with interpreting and enforcing the Florida Election Code.”[24] In effect, the secretary of state argued that because the legislature gave the secretary of state such broad authority over election matters, her office’s interpretations of the Florida election law should be given deference.
The Supreme Court repeatedly emphasized in Bush v. Gore that the secretary of state has tremendous authority over Florida election matters. “Importantly, the legislature has delegated the authority to run the elections and to oversee election disputes to the Secretary of State.”[25] “The legislature has designated the secretary of state as the ‘chief election officer,’ with the responsibility to ‘[o]btain and maintain uniformity in the application, operation, and interpretation of the elections law.’ ”[26] The Supreme Court agreed, finding the secretary of state is the “state official charged by the legislature with ‘the responsibility to’ . . . obtain and maintain uniformity in the application, operation, and interpretation of the election laws. . . .”[27]
There is no doubt that the secretary of state has power over election matters. Indeed, the secretary of state’s actions over the past election demonstrate this authority. Her office issued binding mandates as to when vote totals were to be submitted, whether they could be amended after submission, and what would constitute “[a]n error in the vote tabulation” that could trigger a manual recount of the votes.[28]
The Florida Election Code gives the secretary of state broad authority over election matters. However, the secretary of state has the discretion to exercise this authority. Jim Smith, co-chairperson of the Governor’s Select Task Force on Election Procedures, Standards and Technology, and former attorney general and secretary of state for Florida, provided examples of acting in a proactive manner to attempt to ensure that all citizens of the state could be in a position to vote. His number one priority as secretary of state was election reform.[29] While in office, he pushed for initiatives on voter education and voter registration, e.g., same day registration.[30]
There is no evidence that in preparation for the November 2000 election the secretary of state focused on similar initiatives. Rather, the evidence leads to the disturbing conclusion the secretary of state chose to exercise authority to ensure the vote count was discontinued and the vote was canvassed after the election, but did little to ensure that eligible Floridians were able to access the polls, be permitted to vote, or have their votes counted.
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read it again? Why don't YOU read it at least once....
There is NOTHING....NOTHING in this entire diatribe that has to do with The State of Florida's Division of Elections requiring to contract with a private entity to purge its voter file by chapter 98.0975 of the Florida statutes.
Harris was not required to, nor fuckin' expected to examine the names on this list...
the LAW required a private entity to generate the list....she accepted the findings of the private firm as she was required to by law...
so
ALL....
every fuckin' word of the nonsense above,
is irrelevant to the issue being debated....
Got that, blithering idiot ???
So again, as is the case time after time, you throw a load of bullshit out there, and assume no one will actually read it...and as usual, you are wrong.
I certainly hope others take the time to analyze the post to see for themselves, that is the case.....
You might have buffaloed the folks at AOL with your buffoonery, but it ain't gonna work here....here, your just an asshole....clever with words maybe, but an asshole nonetheless.