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1600 Pennsylvania Ave: Still a long way to go?

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November 30, 2000 

TALLAHASSEE, Florida-- (AP) - Even as it wrestled with the perception that it would be viewed at providing George W. Bush a safety net, Florida's Republican-dominated state Legislature appeared headed toward deciding itself who should get the state's 25 electoral votes.

Lawmakers headed into a second day of hearings Wednesday on whether the ongoing legal wrangling would force them to call a special session to choose electors and ensure Florida isn't left out of the Electoral College.

"It's a 95 percent certainty," said Rep. Lois Frankel of West Palm Beach, who was among the Democratic leaders resigned to the notion that the Legislature will get involved.

If that happens, there are at least two possible outcomes: -The Legislature could name a group pledged to cast its decisive electoral votes for Bush if lawmakers conclude the election will still be in limbo as of Dec. 12. - Or, if Gore prevails in his court challenge, the Legislature could appoint a Republican slate to rival the Gore slate. It would then be up to the U.S. Congress to decide which slate to accept.

A trio of conservative constitutional scholars testified Tuesday that the Legislature should quickly go into special session to set up a way by which the lawmakers can choose the electors if legal wrangling over the election drags past the Dec. 12 deadline when states must select their electors.

With Al Gore contesting the election, Senate President John McKay said there is a risk Florida's electors might not be counted.

"What I've heard so far is if all the contests are not concluded by the 12th, the Legislature has a responsibility to create a safety net," said McKay. "If that's our responsibility, that's our responsibility."

The 14-member panel called the Select Joint Committee on the Manner of the Appointnent of Presidential Electors was set to hear public testimony Wednesday. Frankel said 80 voters from Palm Beach County who felt like their votes weren't counted were coming to Tallahassee to participate.

"If they are not allowed to testify we are going to break away and do a town hall meeting," Frankel said during a telephone conference call with other Democratic members Tuesday night.

While there was urgency to move quickly because of the looming deadline, some Republicans said they were hesitant because it could bring criticism.

"I don't want Mr. and Mrs. Smith to view the Legislature as going out there on any power grab," said McKay.

The Constitution says legislatures have the right to choose electors, or set up a process to do it. It is only by custom that they pass laws setting up elections to do it.

"There's no doubt about the constitutional legitimacy of the Legislature choosing the electors," said Einer Elhauge, a Harvard law professor hired to represent the Legislature in a U.S. Supreme Court case on the presidential recount question.

McKay said he has spoken with Florida Gov. Jeb Bush, the presidential candidate's brother, about the timeframe for a special session. He noted that if the Legislature passes a bill selecting electors soon, it could become official before the deadline without the governor's signature.

But McKay said he advised Bush against that. "I said I don't think that's right, I think he ought to sign it. I felt like he agreed with me more than not, but he didn't say."

Sen. Jim Horne, a Jacksonville Republican on the committee, also was concerned about political appearances.

"The constitutional lawyers, they get to go home, they are not elected," said Horne. "There's something in me that says that being patient is a good thing."

Democrats, outnumbered 8-6 on the panel, said the election wasn't the legislators' to call, and that Republicans were not trying to ensure that Florida's votes were counted, but rather that its votes were counted for Bush.

Said Senate Minority Leader Tom Rossin, a West Palm Beach Democrat: "I certainly hope we're not here because the Bush campaign needs a backup plan."