Posted on 09/07/2002 8:46:57 AM PDT by Joe Brower
Votes for Harris could be tossed out
BY GARY FINEOUT CAPITAL BUREAU
09/07/02
TALLAHASSEE -- Congressional candidate Katherine Harris finds herself in a situation that seems straight out of a movie.
Two years ago, as secretary of state, she issued rulings in the contested presidential election of 2000 that did not allow some counties to finish hand-counting disputed ballots.
Now, running for the 13th Congressional District, Harris is dealing with the growing possibility that a Leon County judge will not rule before Tuesday's primary on whether she should be removed from the ballot. That means Republican voters could wind up voting for Harris and having their votes tossed out later.
Lawyers representing Harris and fellow Republican candidate John Hill speculated Friday that Judge Kevin Davey would wait to rule on Hill's lawsuit until after the election is over.
Hill's lawsuit says that Harris did not properly qualify for the ballot since Harris did not turn in a resign-to-run letter when she qualified on July 15. On Aug. 1, after learning of her mistake, Harris sent a letter to Gov. Jeb Bush saying that she had resigned as of July 15. The lawsuit also maintains Harris did not sign the proper oath required of all Florida candidates.
Davey heard arguments in the case more than a week ago. The ruling was expected this past week but never came. A ruling on Monday would leave too little time for an appeal to be decided before the Republican primary. The winner of the primary will take on one of four Democrats also seeking the seat now held by retiring Rep. Dan Miller, R-Bradenton.
"I would have thought it would have been sooner," said Donna Blanton, the main Tallahassee lawyer representing Harris. "We're in the same boat everyone else is. We're just waiting."
Davey raised the possibility of waiting to rule when he asked at last week's hearing whether it was possible to remove Harris' name from the ballot so close to the primary date. Both sides agreed that Davey could instruct elections supervisors to not count ballots cast for Harris instead of changing the ballots.
"It may have taken the pressure off the judge to get an early ruling out," said Hugh Ferrell, the Sarasota lawyer representing Hill, a former TV news anchor.
Ferrell also speculated that Davey would wait until after the election is over so it won't "skew" the results of the primary. He said that the judge knows that either side would likely appeal the ruling and this way there would be time to resolve an appeal between the primary and the Nov. 5 general election.
"I wish he had ruled," said Ferrell. "But I don't envy the position he is in. Either way it's a tough decision. I think that's why it's taking him so long."
 |
As Secretary of State she should have known what was required. Its her own fault. |
Go HERE please, read the thread, and then tell me what you think.
Normally that would be true, except that florida will abolish the office of secretary of state at the end of this year making any intent to resign declaration redundant and moot.
|
That is all well and good but as a political candidate you can't leave yourself open to this kind of situation. Regardless of what is going to happen to the office of Sec of State, she should have submitted the resignation letter to the Gov anyways. As much as I admire her, this is a BIG mistake. Politics is dirty business (libs are involved...has to be) and you can't give your opponents gifts. |
|
Actually, I knew something was up with the Harris campaign but until I read this post did not have any information on it from any source. Not being from FL, I had not paid that much attention. The link you provided did not tell me anything of use as it pertains to this issue. |
I really hate to see the Dems win this one, but the law is pretty clear. In the electrocharged atmosphere of political hatred in Florida, it was total incompetence on Harris' part to not comply with the deadlines. Now, all her lame excuses reek of a clintonista style contrived "tall tale."
KH's office of FL SOS will no longer be elected but appointed....hence logically no need for her to resign.
Plus the law states that any elected offical who fails to turn in a letter of resignation is automatically considered 'resigned' on the date he/she files papers as a candidate.
And the state law provides NO PENALTY for failure to turn in the letter. There is NO BASIS to keep her off the ballot.
However it is very possible this liberal judge will rule against her to force an appeal & to embarrass her and give the RATs a thrill!
|
However it is very possible this liberal judge will rule against her to force an appeal & to embarrass her and give the RATs a thrill! And my point is that SHE is at fault for giving them this opportunity. There is NO problem if she files the resignation letter. |
Butterworth did essentially the same as KH but the other RATs didn't go after him.....if anyone is to blame; IMHO it is the renegade RINO who is on an ego trip!
If you folks in Maryland know so much - why is your republican party, and your congressional representation (ConnieM (R?), StenyH (D), PaulS (D), & BarbaraM (D)) in such a disarray?!?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.