Selected Materials in Federal and Florida Election Law

December 2000

Statutes and Constitution

United States

U.S. Const. art. II, §1.

Electoral College & the President

U.S. Const. amend. XII .

Election of the President

U.S. Const. amend. XIV.

Equal Protection

U.S. Const. amend. XV.

Right of Citizens to Vote

U.S. Const. amend. XIX.

Right of Women to Vote

U.S. Const. amend XXIV.

Prohibition of Poll Tax

U.S. Const. amend. XXVI.

Right of Citizens 18 years or older to Vote

3 U.S.C. §§1-21 (2000).

Presidential Elections and Vacancies

42 U.S.C. §1971 (2000).

Voting Rights & Denial of Right to Vote

42 U.S.C. §1973i(2000).

Prohibited Acts

42 U.S.C. §1973gg (2000).

National Voter Registration

42 U.S.C. §1985 (2000).

Conspiracy to Interfere with Civil Rights

The full text of the Constitutional and statutory provisions can be located online at Cornell's Legal Information Institute at http://www.law.cornell.edu/uscode/ or http://www.law.cornell.edu/constitution/

Florida

Fla. Const. art. VI, §1 (2000).

Regulation of Elections

Fla. Const. art. VI, §2 (2000).

Electors

Fla. Const. art. VI, §4 (2000).

Disqualifications

Fla. Const. art. VI, §5 (2000).

Primary, General and Special Elections

Fla. Stat. Ann. §§97-032 - 97-105 (2000).

Florida Voter Registration Act

Fla. Stat. Ann. §100.011 (2000).

Opening and Closing of Polls

Fla. Stat. Ann. §§101-001 - 101.75 (2000).

Voting Methods and Procedure

Fla. Stat. Ann. §§102.012 - 102.171 (2000).

Election Conduct and Results

Fla. Stat. Ann. §§103.021-103.151 (2000).

Presidential Electors

For more detailed information, see:

• Fla Stat. Ann. §101.67 (2000).

Safekeeping of Mailed Ballots: Deadline for Receiving Absentee Ballots

• Fla. Stat. Ann. §101.111 (2000).

Person Desiring to Vote May Be Challenged. Challenger to Executive Oath

• Fla Stat. Ann. §101.112 (2000).

Conducting Elections and Ascertaining the Results

• Fla. Stat. Ann. §101.5608 (2000).

Voting by Electronic or Electromechanical Method; Procedures

• Fla. Stat. Ann.§101.5609 (2000).

Ballot Requirements

• Fla. Stat. Ann. §101.5610 (2000).

Inspection of Ballot by Election Board

• Fla. Stat. Ann. §101.5611 (2000).

Instructions to Electors

• Fla. Stat. Ann. §101.5614 (2000).

Canvass of Returns

• Fla. Stat. Ann.§101.5615 (2000).

Recounts and Election Contest

• Fla. Stat. §101.591 (2000).

Voting System Audit

• Fla. Stat. Ann. §102.111 (2000).

Elections Canvassing Commission

• Fla. Stat. Ann. §102.112 (2000).

Deadline for Submission of County Returns to the Department of State

• Fla. Stat. Ann. §102.121 (2000).

Elections Canvassing Commission to Issue Certificates

• Fla. Stat. Ann. §102.141 (2000).

County Canvassing Board: Duties (Automatic Recount)

• Fla. Stat. Ann. §102.166 (2000).

Protest of Election Returns : Procedure (Manual Recount)

• Fla. Stat. Ann. §102.168 (2000).

Contest of Election

• Fla. Stat. Ann. §103.011 (2000).

Electors of President and Vice President

• Fla. Stat. Ann. §106.23 (2000).

Powers of the Division of Electors

The full text of the Florida Constitutional and statutory provisions can be found online at the Online Sunshine Internet site at http://www.leg.state.fl/us/Welcome/index.cfm.

Cases

United States Supreme Court

Johnson v. DeGrandy, 512 U.S. 997 (1994).

Shaw v. Reno, 509 U.S. 630 (1993).

Burson v. Freeman, 504 U.S. 191 (1992).

Chisom v. Roemer, 501 U.S. 380 (1991).

Anderson v. Celebrezze, 460 U.S. 780 (1983).

Buckley v Valeo, 424 U.S. 1 (1976).

Dunn v. Blumstein, 405 U.S. 330 (1972).

Roudebush v. Hartke, 405 U.S. 15 (1972).

Harper v. Virginia, 383 U.S. 663 (1966).

Ray v. Blair, 343 U.S. 214 (1952).

Leser v. Garnett, 258 U.S. 130 (1922).

Hawke v. Smith, 253 U.S. 221 (1920).

McPherson v. Blacker, 146 U.S. 1 (1892).

Marbury v. Madison, 5 US. 137 (1803).

The full text of many of these decisions can be found online at the Findlaw Internet site at http://www.findlaw.com/.

11^th Circuit Court of Appeals

Roe v. Evans, 43 F.3d 574 (11^th Cir. 1995).

Curry v. Baker, 802 F.2d 1302 (11^th Cir. 1986).

United States District Court, Southern District of Florida

Scheer v. City of Miami, 15 F. Supp. 2d 1338 (S.D. Fla. 1998).

Florida

Garvin v. Jerome, 25 Fla. L. W. S. 692 (2000).

Kainen v. Harris, 25 Fla. L. W. S. 735 (2000).

Beckstrom v. Volusia Co. Canvassing Bd., 707 So. 2d 720 (Fla. 1998).

In Re Prospect of Election Returns, 707 So. 2d 1170 (Fla. 1998).

Krivanek v. Clewis, 603 So. 2d 528 (Fla. 1992).

Chappell v. Martinez, 536 So.2d 1007 (Fla. 1988).

Boardman v. Esteva, 323 So.2d 259 (Fla. 1975) cert. denied 425 U.S. 967 (1976).

Nelson v. Robinson, 301 So. 2d 508 (Fla. 1974).

Barancik v. Gates, 134 So.2d. 497 (Fla. 1961).

McDonald v. Miller, 90 So. 2d 124 (Fla. 1956).

Monographs

A Citizen's Guide to Understanding the Voting Rights Act (Washington, D.C.: U.S. Commission on Civil Rights, 1984).

Best Judith, The Choice of the People: Debating the Electoral College (Lanham, MD: Rowman & Littlefield, 1996).

Beyond Buttons and Bumper Stickers: An Overview of State and Federal Election Law (Indianapolis, IN: ICLE, 1994).

Bott, Alexander, Handbook of U.S. Election Laws and Practice (Westport, CT: Greenwood Press, 1990).

Cardwell, David, Elections and Ethics: The Law in Florida (Norcross, GA: Harrison Co., 1980).

Claude, Richard Pierre, The Supreme Court and the Electoral Process (Baltimore, MD: John Hopkins Press, 1970).

Election Contests and Recounts: 1997 Interim Project (Tallahassee, FL: Fla. Leg., Comm. On Election Reform, 1997).

Eskridge, William N., Dynamic Statutory Interpretation (Cambridge, MA: Harvard University Press, 1994).

Federal Election Law (Chicago, IL: ALI-ABA, 1978).

Federal-State Election Law Survey (Washington, D.C.: Federal Election Commission, 1976).

Florida Election Case Law Update (Tallahassee, FL: Fla. Leg., Comm. On Ethics and Elections, 1999).

Florida Voter's Guide (Tallahassee, FL: Div. Of Elections, 1979).

Haworth, Paul L., The Hayes-Tilden Disputed Presidential Election of 1876 (Cleveland, OH: Burrows Brothers, 1906).

Karoda, Tadahisa, The Origins of the twelfth Amendment: The Electoral College in the Early Republic, 1787-1804 (Westport, CT: Greenwood Press, 1994).

Kimberly, William and Sims, Peggy, Federal Election Law 96 (Washington, D.C.: GPO, 1996).

Lee, George Robert, Elections: The Peoples' Choice (Lewiston, MO: Mark Twain Media, 1998).

Longley, Lawrence and Peirce, Neal R., The Electoral College Primer 2000 (New Haven: Yale Univ. Press, 1999).

Markin, Karen, Ballot Access 3: For Presidential Candidates (Washington, D.C.: Federal Election Commission, 1995).

Newborne, Burt and Eisenberg, Arthur, The Rights of Candidates and Voters: The Basic ACLU Guide for Voters and Candidates (New York: Avon Books, 1976).

The Florida Election Law Handbook (Miami, FL: American Political Institute, 1992).

Articles in Reviews

Clark, Sherman A., A Populist Critique of Direct Democracy, 112 Harv. L. Rev. 434 (1998).

Eule, Johnson, Judicial Review of Direct Democracy, 99 Yale L. J. 1503 (1990).

Frankfurter, Felix, Some Reflections on the Reading of Statutes, 47 Colum. L. Rev. 527 (1947).

Hoffman, Matthew, The Illegitimate President: Minority Vote Dilution and the Electoral College, 105 Yale L. J. 935 (1996).

Margie, R. Paul, Protecting the right to Vote in State and Local Elections Under the Conspiracy Against Rights Act, 1995 U. Chi. Legal F. 483 (1995).

Massey, Alvin R., Federalism and Fundamental Rights, 38 Hastings L. J. 305 (1987).

Matelson, Bennett, Tilting the Electoral Playing Field: The Problem of Subjectivity in Presidential Election Law, 69 N.Y.U. L. Rev. 1238 (1994).

McCauley, William T., Florida Absentee Voter Fraud: Fashioning an Appropriate Judicial Remedy, 54 U. Miami L. Rev. 625 (2000).

Monaghan, Henry P., Marbury and the Administrative State, 83 Colum. L. Rev. 1 (1983).

Mulray, Steven, Alternative Ways Out: A Remedial Road Map for the Use of Alternative Electoral Systems as Voting Rights Act Remedies, 77 N.C. L. Rev. 1867 (1999).

O'Rourk, Timothy, Voting Rights After Shaw v. Reno: The Shape of Things to Come, 26 Rutgers L. J. 723 (1995).

Pildes, Richard and Donoghue, Kristen, Cumulative Voting in the U.S., 1995 U. Chi. Legal F. 241 (1995).

Ross, Beverly J. & Josephson, William, The Electoral College and the Popular Vote, 12 J.L. & Politics 665 (1996).

Schacter, Jane, The Pursuit of "Popular Intent": Interpretative Dilemmas in Direct Democracy, 105 Yale L. J. 107 (1995).

Internet Sites

Center for Voting and Democracy @ http://www.igc.apc.org/cvd (visited Nov. 10, 2000).

Common Cause @ http://www.commoncause.org/ (visited Nov. 10, 2000).

Federal Election Commission @ http://www.fec.gov/ (visited Nov. 10, 2000).

Florida's Executive Branch/My Florida @ http://www.myflorida.com/ (visited Dec. 4, 2000).

Florida Information Resource Network @ http://www.firn.edu/supct (visited Dec. 4, 2000).

Florida Legislature/Online Sunshine @ http://www.leg.state.fl.us/Welcome/index.cfm (visited Dec. 4, 2000).

Florida, Secretary of State, Division of Elections @ http://election.dos.state.fl.us/index.html (visited Nov. 13, 2000).

Florida Supreme Court @ http://flcourts.org/ (visited Dec. 4, 2000).

United States Department of Justice Civil Rights Division, Introduction to Federal Voting Laws @ http://www.doj.gov/crt/voting/intro/intro.htm

(visited Nov. 11, 2000).

United States Electoral College @ http://www.nara.gov/fedreg/elctcoll/

(visited Nov. 11, 2000).

United States Government Portal (includes Executive, Legislative and Judicial Branch information) @ http://www.firstgov.gov/ (visited Dec. 4, 2000).

United States Supreme Court @ http://www.supremecourtus.gov/ (visited Dec. 4, 2000).

Selected Pending Documents and Legal Documents Related to the 2000 Presidential Election Campaign

The full text of many of the following documents can be viewed at CNN's Internet site at http://www.cnn.com/LAW/library/ or Findlaw at http://www.findlaw.com/legalnews/us/election/election2000.html. U.S. Supreme Court decisions can be found at http://www.supremecourtus.gov/ and Florida Supreme Court and lower Florida court decisions can be found at http://www.flcourts.org/

United States Supreme Court

Documents to the United States Supreme Court and orders, etc. issued by the United States Supreme Court, involving the Presidential Election 2000 cases, can be found at the Supreme Court's official Internet site at http://www.supremecourtus.gov/florida.html.

Bush v. Palm Beach Canvassing Board(00-836), 531 U.S. (2000).

Bush v. Palm Beach County Canvassing Board (00-836) has made its way to the United States Supreme Court. The Court heard oral arguments on Friday, December 1, 2000 and issued a Per Curiam opinion on Monday, December 4, 2000, vacating the judgement of the Florida Supreme Court and remanding the case to the Florida Supreme Court.

Siegel v. LePore (00-837) also requested certiorari but the U.S. Supreme Court refused to hear the case.

The Court also heard the Election Contest case, Gore v. Harris, and intervened on behalf of Governor Bush, issuing an injunction and ruling that halted the recount of under votes in Florida counties.

Gore v. Harris (00-949), 531 U.S. (2000).

Election Contest

Vice President Gore contested the certification of the election results in Florida. These results were certified by Florida's Secretary of State, Katherine Harris. A trial was held in Leon County Court, conducted by Judge N. Sanders Saul. Judge Saul denied Vice President Gore's contest. Vice President Gore appealed to the Florida Supreme Court, and oral arguments were conducted on Thursday, December 7, 2000. The Florida Supreme Court ordered the election canvassing boards of all Florida counties to immediately begin recounting all under votes on Friday, December 8, 2000. Governor Bush immediately appealed to the 11^th Circuit, requesting an injunction which was denied. On Saturday, December 9, 2000, the U.S. Supreme Court granted Governor Bush an injunction, stopping the under vote recounts. On Tuesday, December 12, 2000, the U.S. Supreme Court ruled in favor of Governor Bush. This ruling had the effective result of naming Governor Bush the President-Elect.

Documents in the U.S. Supreme Court, including briefs, motions, and opinions in this decision can be found at the U.S. Supreme Court's official Internet site at http://www.supremecourtus.gov/ Select Florida Election Cases at this site.

Florida Supreme Court

Documents in the Florida Supreme Court, including briefs, motions and opinions in this decision can be found at the Florida Supreme Court's official Internet site at http://www.flcourts.org/.

Leon County Court

Documents in the lower court, Leon County, 2^nd Judicial Circuit, can be found at http://199.44.225.2/cases.html. Selected documents include:

• Complaint for Contest
• Final Judgment
• Plaintiff's Notice of Appeal

The Leon County Court's Internet site is at http://www.co.leon.fl.us/court/court.htm.

11^th Circuit, U.S. Court of Appeals

Siegel v. LePore, (00-15981) Opinion at the Florida Supreme Court Internet site.

Touchstone v. McDermott (00-15985) Opinion at the Florida Supreme Court Internet site.

Florida Supreme Court

Documents submitted to the Florida Supreme Court and orders, etc., issued by the Florida Supreme Court, concerning the Presidential Election 2000 cases, can be found at the official Internet site of the Florida Supreme Court which is at http://www.flcourts.org/ or its mirror site at the Florida Information Resource Network at http://www.firn.edu/supct/ . Archived video of the arguments before the Court can be located at Gavel to Gavel at http://wfsu.org/gavel2gavel/. Selected documents are listed below. A complete list of all orders, motions, briefs, etc. can be found at the Florida Supreme Court's Internet site.

Fladell v. Palm Beach County Canvassing Board; Katz v. Florida Election Canvassing Board; Gore v. Miami-Dade County Canvassing Board (SC 00-2373, SC 00-2376, SC 00-2370)

Butterfly Ballot & Request for Manual Recount

This consolidates several Palm Beach County voter lawsuits, alleging that the "butterfly ballot" was sufficiently defective to warrant another election as well as Vice President Gore's request that the Miami-Dade Canvassing Board be required to manually count at least 10,000 "undervoted" ballots. The Florida Supreme Court dismissed the Fladdell and Katz petitions, denying relief and also dismissed Vice President Gore's petition without prejudice.

• Opinion of the Court Dismissing Fladell and Katz (Butterfly Ballot)
• Order Dismissing Gore Petition
• Order Consolidating Case #s 2346, 2348, and 2349
• Katz Notice of Supplemental Authority
• Fladell Notice of Supplemental Authority
• Fladdell Transcript
• Katz Brief
• Initial Brief Filed by Fladell

Harris v. Circuit Judges (SC 00-2345)

Emergency Petition by Florida Secretary of State to consolidate voter lawsuits and stop manual recounts.

Jacobs v. Seminole County

Absentee ballots were amended by Republican party officials but these amendments were not fatal for the ballots.

Palm Beach County Canvassing Board , Volusia County Canvassing Board, Florida Democratic Party v. Harris (SC 00-2346; SC 00-2348; SC 00-2349)

Palm Beach County's Canvassing Board requested an advisory opinion from Florida's Secretary of State, Katherine Harris, about the viability of manual/hand re-counts. Broward and Volusia Counties and the Democratic Party also joined the lawsuit. A decision issued by the Florida Supreme Court to extend the certification deadline to allow time for manual recounts in Broward, Palm Beach and Dade Counties was then appealed to the U.S. Supreme Court by Republican candidate, Governor George W. Bush. On December 4, 2000, the U.S. Supreme Court vacated the decision of the Florida Supreme Court and remanded to the Court. Some selected documents include:

• Opinion
• Brief of Al Gore
• Brief of Broward County Canvassing Board
• Brief of Attorney General

Taylor v. Martin County

Absentee ballots were amended by Republican party officials. These amendments were not fatal for the ballots.