"'nuther Bob" <
[email protected]> wrote in message
news:
[email protected]...
> On Sun, 03 Aug 2003 02:15:47 GMT, "David Allen"
> <[email protected]> wrote:
>
>
> >Maybe you missed the part where I quoted the FL Supreme Court: "In the
> >present case, even accepting appelants' allegaitons, we conclude as a
matter
> >of law that the Palm Beach County ballot does not constitute substantial
> >noncompliance of the statutory requirements mandating the voiding of the
> >election."
>
> Maybe you don't understand the decision. It says:
> "Even accepting appellant's allegation, we conclude as a matter of law
> that the Palm Beach County ballot does not constitute substantial
> noncompliance"
>
> In other words, they *accept* the allegation that the ballot was
> illegal. This was not difficult to determine since the ballot format
> was obviously in violation of the law. Even you can read the law
> as to how the ballot must be designed, and compare it to the ballot
> they used, and determine that it's illegal. Try it. Report back.
>
Maybe I'm using the wrong search engine, but I can't find any ruling
indicating the butterfly ballot is illegal.
To conclude that the FSC accepts the allegations of the appelants requires
one to read the ruling in a particular way. Clearly though, the legality of
the ballot was irrelevant to the ruling. So my reading of those words lead
me to understand that "even accepting" is not declarative, i.e., "even
though we accept", but conditional, i.e., "even if we accept".
I don't have FL's election law in front of me, but let me guess that the
certainty you have of the ballots illegality is based on the fact that
candidates names are on either side of the punch holes and the law says the
candidates names must be on the left side of the punch holes. If that's it,
then no wonder the circuit court and the supreme court ruled as they did.
The standard of illegality is only significant if the design prevents the
voter from voting properly. The butterfly didn't. 400,000 people voted
properly with it in Palm Beach County. To vote properly with it only
requires the voter to give the ballot due consideration for it's design. To
not give the ballot due consideration leads one to vote improperly without
even realizing it. Even with due consideration, confusion would lead the
reasonable person to seek assistance, not to punch ad hoc, or twice or not
at all. The courts can't remedy voter error or voter carelessness.
> The only question was the remedy of calling a new election, which they
> did not do because they felt the ballot did not reach the level of
> "substantial noncompliance".
>
> >There was no finding that the ballot was an any way illegal.
> >There was no
> >implication that the ballot was even partially noncompliant.
>
> You don't get it. See above.
>
No, I do get it. I read that sentence consistent with the irrelevance of
the allegations.
> > The ruling
> >refers to the requirement for "substantial noncompliance" to void an
> >election and then says the butterfly ballot didn't touch that standard
EVEN
> >HAD THE COURT AGREED WITH THE ALLEGATION, i.e., they didn't even have to
get
> >into whether they agreed or not because it didn't matter.
>
> They did agree. Again, even you can figure it out. Read the FL law.
> Look at the ballot. Compare the two. I dare you.
>
> >The only logical conclusion one can come away with is that the margin of
> >error was so small as to make the imperfections of any present voting
method
> >significant, especially if one looks for imperfections in a biased
manner.
> >But all the recounts consisitently favored Bush even with Gore stirring
the
> >pot over and over again in a statistically biased manner.
>
> Incorrect. 19000 double punched ballots were discarded.
Double punched ballots are invalid.
> Pat Buchanan received an incredibly large vote in overwhelmingly
> Democratic districts.
He actually received fewer votes than he did 4 yrs earlier in the primaries
in Palm Beach.
Statistical analysis by over 20 different
> organizations found that there were significantly more errors
> in the Gore ballots and that many of the Buchanan votes were in
> fact incorrect Gore votes. Bush votes represented a very small
> portion of the error as his name appeared first and presented
> no difficulty in determining which location to vote. Gore and
> Buchanan, OTOH, were further down the ballot where the confusion
> started.
>
> But, none of this matters at this point. Whether Bush stole the
> election or not, he still sucks as President.
>
I suppose if you're a liberal Democrat it would seem so. From my point of
view, Bush won a close election and Gore tried to steal it. Heck, my
conservatism and other values lead me to believe Clinton was the biggest
shipwreck of a presidency in modern history. I'm quite certain you believe
otherwise.
I'm refreshed by Bush's principled and disciplined approach to governing.
No finger to the wind, no flip flopping. He's quite predictable. I think
he's great.
> Bob
>