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."
We only need to mention God, family and country...America is on our side when the Dems. don't manage to deceive and divide. Most every Dem. candidate would rather you not bring up these pillars of our nation...they interfere with the pro-"gay", pro-globalist-UN, state vs. family, "blame America" leftist base.
I believe Katherine will be our next U.S. Representative for District 13--and make that (R-Florida)!
The judge might rule against Katharine. Either way, she wins on appeal. More than likely, the judge will dismiss the case. I just don't see him throwing her off for this oversight.
As to Hill? His career in the Republican Party of Florida is over.
Be Seeing You,
Chris
Wouldn't the resign-to-run requirement count as a permissible time-place-manner restriction?
I was proud of the way Kathryn Harris handled herself during the difficult time of the election. She deserves great credit for that. Now, it is bewildering to me why she is stumbling around looking silly as she spins the need for special treatment for something that she says is not a factor. If there is no need to make excuses for missing a deadline that she didn't have too meet, then she should just say so and press on. This stuff about special circumstances, because her current job was abolished is just a lame attempt at spin. I got a belly full of the clinton's fabricating complex stories to cover up what the simple truth would explain and clear. There is no reason to accept it from the other side now.
Ms Harris bravely stood up against unfair criticism in the 2000 election, and no one can take that away from her. But the criticism of her now IS fair and justified. She goofed up and saying sorry won't remedy it.
Actually, the SOS term hasn't ended yet. Had the FL SOS office been abolished on July 15, there would be no need for her to resign. Since there is still time in her term, and the SOS office is still open, she is responsible for following the law, even when it applies to her.
So for one mistake that's been blown totally out of proportion by the leftmedia, we are ready to throw Harris to the dogs, ignore all the good she has done (like getting GW in the White House), and elect a worthless RINO instead.
No wonder the socialists are kicking our asses.
99.012 Restrictions on individuals qualifying for public office
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0099/SEC012.HTM&Title=->2002->Ch0099->Section%20012
You'll have to copy and paste this URL into your browser, due to the ">" characters embedded in the string.
Note that no provision is made of this specific situation, where the candidate in question is running for FEDERAL office.
What will be interesting is watching the Floriduh Supremes go back on their,"voters intent", claim to cast her off.
As for how well she'll do in Congress, well, judging from many of the creatures that currently inhabit that particular place, it wouldn't be very hard to do much better than most.
Let's face it, folks, none of this would have even come up if the radical left hadn't been coming after her with daggers drawn ever since she (rightly) enabled GW Bush to become POTUS. The democrats would just assassinate her outright if they thought they could get away with it.
You think it's an accident. I don't. I've been watching politics for too many bloody years to be that naive.
As for the loser always being angry, well, it's us who will be the losers if Hill wins the primary because of his backstabbing lawsuit.
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