*EPF105 11/13/00
Federal Judge Rules that Florida Manual Vote Recount Can Continue
(But challenge also coming from state official) (640)
By David Pitts
Washington File Staff Writer

Washington -- A federal judge ruled November 13 that Florida's manual vote recount in the U.S. presidential race could continue. "A federal court has a very limited role and should not intervene," said U.S. District Judge Donald Middlebrooks, a Clinton administration judicial appointee, in Miami.

His ruling came in response to a lawsuit filed by the Bush campaign which called for a halt to the Democratic-requested recounts under way or planned in a number of Florida counties. It is likely that the judge's ruling will be appealed, however. The Republicans had called the manual vote counts unfair because they "were standardless and subjective." But the judge said the process appears to be "politically neutral."

Meanwhile, there also is a threat to the continuation of the manual vote recount from the Florida Secretary of State, Katherine Harris. Harris, Florida's top election official, vowed to wrap up all the vote counting in the state with the exception of absentee ballots by late November 14 which, she said, was required by Florida state law. "The law unambiguously states when the process of counting and recounting the votes cast on Election Day must end," said Harris.

Election officials in the counties concerned said that it would not be possible to finish the count by that deadline and vowed to go to state court if necessary to challenge that decision. That already has happened in Volusia County, where officials there are asking for permission to work on the hand recount beyond the deadline set by Harris of 5 p.m. November 14. The results of that effort are being closely watched in the other counties where manual recounts are underway or planned.

Texas Governor George W. Bush's lead in the unofficial vote count by the Associated Press grew by 100 votes since November 12 as Polk County certified new results. That brings the Bush lead up to 388 votes in Florida, according to the Associated Press. Palm Beach and Volusia counties continue to count votes by hand since the federal court declined to intervene in the process.

The Florida vote is important because the state has 25 electoral votes. Whoever wins those votes is likely to be the next president of the United States since the 25 votes would put either Bush or Vice President Al Gore over the 270 number of electoral votes needed to become president-elect.

Following is the text of the Florida State law on vote counting:

"Electors and Elections -- Chapter 102 -- Conducting Elections and Ascertaining Results:

"102.112 Deadline for submission of county returns to the Department of State, penalties:

"1. The county canvassing board or a majority thereof shall file the county returns for the election of a federal or state officer with the Department of State immediately after certification of the election results. Reports must be filed by 5 p.m. on the 7th day following the first primary and general election and by 3 p.m. on the 3rd day following the second primary. If the returns are not received by the department by the time specified, such returns may be ignored and the results on file at that time may be certified by the department.

"2. The department shall fine each board member $200 for each day such returns are late, the fine to be paid only from the board member's personal funds. Such fines shall be deposited in the Election Campaign Financing Trust Fund, created by s. 106.32

"3. Members of the county canvassing board may appeal such fines to the Florida Elections Commission, which shall adopt rules for such appeals."

(Distributed by the Office of International Information Programs, U.S. Department of State. Web site: http://usinfo.state.gov)
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