Florida Supreme Court Briefs: Bush and Harris Outline Stance on Election Recounts

Governor George W. Bush and Florida's Secretary of State Katherine Harris have submitted briefs to the Florida Supreme Court outlining their arguments regarding the handling of election recounts in the state. At the heart of the dispute is the interpretation of Florida statutes governing the Elections Canvassing Commission's authority to ignore late-filed returns.

The Bush brief argues that the commission is required to ignore late-filed returns under Section 102.111 of the Florida Statutes, which states that the commission "shall ignore" such returns. In contrast, Harris's brief asserts that the commission has the discretion to accept late-filed returns under Section 102.112, which allows for the exercise of "sound discretion" in such situations.

Both briefs emphasize the importance of adhering to the rule of law and upholding the statutory framework established by the Florida Legislature. The Bush brief notes that the laws of Florida "anticipated and resolved the way in which election results in this state are determined," while Harris's brief argues that the secretary of state has acted reasonably in exercising her discretion to accept late-filed returns.

Key Takeaways:

• Governor George W. Bush argues that the Elections Canvassing Commission is bound by Florida Statute 102.111 to ignore late-filed returns.
• Secretary of State Katherine Harris asserts that the commission has the discretion to accept late-filed returns under Florida Statute 102.112.
• Both briefs emphasize the importance of adhering to the rule of law and upholding the statutory framework established by the Florida Legislature.
• The Bush brief notes that the laws of Florida "anticipated and resolved the way in which election results in this state are determined."
• Harris's brief argues that the secretary of state has acted reasonably in exercising her discretion to accept late-filed returns.
• The trial judge, Judge Terry P. Lewis,interpreted the Florida Election Code to balance accuracy with finality.
• The secretary of state has properly interpreted the Florida Election Code to balance accuracy and finality.

Statistics:

• 7 days: The time limit within which county canvassing boards are required to complete their work, including any recounts, and certify their results to the Elections Canvassing Commission and the secretary of state (Florida Statute 102.112(1)).
• 102.111 and 102.112: The Florida Statutes governing the Elections Canvassing Commission's authority to ignore late-filed returns.
• 1999: The year in which the Florida Legislature established the statutory framework governing election results in the state.

Sources:

• George W. Bush, Brief to the Florida Supreme Court
• Katherine Harris, Brief to the Florida Supreme Court
• Florida Statute 102.111
• Florida Statute 102.112
• Florida Election Code