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(9,314 posts)
33. Yes, the legislature determines the slate, but the Florida state constitution stipulated that the
Wed Nov 4, 2015, 02:35 PM
Nov 2015

makeup of that slate would be determined by the outcome of the popular vote. So if the recount had in fact been allowed to be completed as the Florida Supreme Court had ordered, whatever the result of that recount turned out to be as far as Republican votes and Democratic votes, the Florida legislature had by its own law to assemble the composition of Electoral College Votes to reflect the results of the popular vote.

So the Legislature has you say the ultimate authority, but it was required to determine the law by inserting the rules in the state Constitution prior to the election (which it had done). It is not allowed after the election if one did not like the results to ab-lib in the moment and verbally make new laws. That is Unconstitutional. Florida is among the 48 states that is "winner take all." So if a Democrat were determined to have been the winner of the election after the recount, all of the slate would have been Democratic. Same if the recount reflected a Republican winner. The Legislature at that critical point had no legal backing to step in and change the rules.

The winner does not have to reach 270. The winner must win a majority. If the Florida slate were thrown out (discounted), the winner of the majority would have been Gore. I know there are those that say what your words reflect above, but experts at the time said 270 was the number needed only if Florida's votes were counted (electoral college votes). If they were excluded, that number would have been reduced by 25 and Gore would have held the majority. The election would have gone to the House of Representatives had there been a tie.


There's a small chance that the Electoral College could wind up in a tie, throwing the election decision to the House of Representatives. And there's a greater chance that one of the candidates (likely Obama) could carry the Electoral College — and with it, victory — even while losing the popular vote nationwide.

All of this being said, I am not an election law expert nor an attorney, and I do not play one on DU. For every fact you and I have both written, the other can refute it with examples in our electoral college history which ended up in an unorthodox manner.

But the best thing is, I believe, it is very healthy to hammer some of these questions out and what the basic law is because we might need a lot of sudden familiarity with this issue in 2016, and it is guaranteed that all the "experts" we hear commenting will be saying different things. This is what happened in 2000, so we need to know the laws ourselves.

kick his ass-----evil family Angry Dragon Nov 2015 #1
And for this, we are NEVER letting this bastard go. seafan Nov 2015 #2
Are you losing the election to Al Gore? Don't worry Jeb can fix it. Johonny Nov 2015 #3
k n fucking r cui bono Nov 2015 #4
yep, Jeb can fix it! napkinz Nov 2015 #5
PLUS ONE, a whole bunch! Enthusiast Nov 2015 #7
Damn, these are good! Thanks for posting them! nt TrollBuster9090 Nov 2015 #13
Although, I suppose that pointing this out will only INCREASE his poll numbers with GOP voters? TrollBuster9090 Nov 2015 #14
Is his team THAT clueless? Jerry442 Nov 2015 #15
May I ask you a question about 2004? I vividly remember Laura PourMeADrink Nov 2015 #6
Hi, Laura. Yes, I remember that too. seafan Nov 2015 #17
thanks so much for gathering that. wish there was a video of that Laura PourMeADrink Nov 2015 #27
"Start with Broward", Governor Jeb Bush told Karl Rove, on Election Night 2004. seafan Nov 2015 #31
The Bush clan is unethical. Enthusiast Nov 2015 #8
Unethical? That's a nice way of stating what they are! smirkymonkey Nov 2015 #22
But at least everyone, even in the right wing media, should admit they're unethical. Enthusiast Nov 2015 #26
Looking back, we should have demanded that Jeb recuse himself - somehow. nt Laura PourMeADrink Nov 2015 #9
Jeb! can certainly fix elections. nt valerief Nov 2015 #10
Jeb Governor 1999-2007 Laura PourMeADrink Nov 2015 #28
The November Criminals Chasstev365 Nov 2015 #11
Duh! That's What He Means By "Jeb Can Fix It." TrollBuster9090 Nov 2015 #12
I will never forget how awful I felt when Scotus stopped the recount. Punkingal Nov 2015 #16
That doesn't stop him chapdrum Nov 2015 #18
Kick kick kick kick kick kick kick Jeb's entitled ass. Hekate Nov 2015 #19
After a while, we become numb.. mountain grammy Nov 2015 #20
I seem to recall reading... gregcrawford Nov 2015 #21
Paging Octafish. seafan Nov 2015 #23
Russ Baker's book on the benighted Bushes chapdrum Nov 2015 #35
"it blames the actual perpetrators; in other words it blames our Republican allies MisterP Nov 2015 #24
Yes, the Florida legislature did threaten to send a Republican slate to the Electoral College Samantha Nov 2015 #25
Not sure how true that is... davidn3600 Nov 2015 #30
Yes, the legislature determines the slate, but the Florida state constitution stipulated that the Samantha Nov 2015 #33
Jeb Bush shoved the heist into the FL legislature. But he didn't keep his hands clean this time. seafan Nov 2015 #43
How stupid of Trump to tweet that nasty stuff about Jeb last night Laura PourMeADrink Nov 2015 #29
Too bad for Jeb that Dubya is not in a position to repay the favor. nt Nitram Nov 2015 #32
K&R emsimon33 Nov 2015 #34
Hey! You're supposed to be lookin forward here! grahamhgreen Nov 2015 #36
JEB Crow Shrub "should be hammered with this...every opportunity"!1 If TRUMP hammered Shrub UTUSN Nov 2015 #37
Trump, at next week's GOP debate, should zero in on Jeb!'s role in Election 2000. seafan Nov 2015 #39
The fix was in. yardwork Nov 2015 #38
Please read Greg Palast's book The Best Democracy Money Can Buy Midnight Writer Nov 2015 #40
This... ^^^ Gumboot Nov 2015 #41
CRIMINAL BASTARDS John Poet Nov 2015 #42
k and r niyad Nov 2015 #44
In this vein, and what happened in the intervening 8 years, Jeb destroyed America. IHateTheGOP Nov 2015 #45
The Bushes have double-crossed America. seafan Nov 2015 #46
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