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MONKEY MAIL 6--CONTESTING RESULTS?

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Florida vs. Texas:  Comparing Election Law

THE MONKEY MAIL CLAIMS:

<In Texas there are standards set in advance that are not allowed to be changed by local canvassing boards.  Big difference.  The standards for legally requesting a re-count are still the same, fraud, machine malfunction or national disaster......none of which have been met in FL.>

SPANKING THE MONKEY

To get a recount in a presidential election in Texas, all you need to show is:

Texas Recount Requirements -- Presidential Election
(1) the difference in the number of votes received by the candidate and any candidate for the office who is shown by the election returns to be nominated, elected, or entitled to a place on a runoff ballot or tied for nomination, election, or entitlement to a place on a runoff ballot is less than 10 percent of that candidate's number of votes;

Turns out that the Florida "difference" between Gore and Bush is now about 930 votes out of 5,822,814.  That works out to .00016 or .016%, about 1 vote in 6,250.  Oops.

And, of course, the Florida requirements for a recount:

Florida Recount Statute
(5)  If the manual recount [of 1% of the county's voters] indicates an error in the vote tabulation which could affect the outcome of the election, the county canvassing board shall:
(a)  Correct the error and recount the remaining precincts with the vote tabulation system;
(b)  Request the Department of State to verify the tabulation software; or
(c)  Manually recount all ballots.


You see anything there about fraud or national disaster?  Are those words even mentioned?

Maybe you are thinking of the statute regarding "contesting" an election after a winner is certified, not recounting one before a winner is certified: 

Contesting the Outcome of a Florida Election
But, oops, turns out there that the only grounds you have to have are:
(e)  Any other cause or allegation which, if sustained, would show that a person other than the successful candidate was the person duly nominated or elected to the office in question or that the outcome of the election on a question submitted by referendum was contrary to the result declared by the canvassing board or election board.


Well, that's two up, two down.  Now, since you like the Texas standards so much, let's move onto the question of "chads," the little bits of paper that the republicans have been spinning so hard on since Bush's popular vote spanking.  What guidance does the Great State of Texas give us on this thorny issue?  Which votes do you count?

Standards for Chads
a vote on a ballot on which a voter indicates a vote by punching a hole in the ballot may not be counted unless:
(1) at least two corners of the chad are detached;
(2) light is visible through the hole;
(3) an indentation on the chad from the stylus or other object is present and indicates a clearly ascertainable intent of the voter to vote; or
(4) the chad reflects by other means a clearly ascertainable intent of the voter to vote.
(e) Subsection (d) does not supersede any clearly ascertainable intent of the voter.


Well, well, we've got hanging chads, dimpled chads, pregnant chads, the light test and any "other means".  A pretty wide standard.  I agree with you.  I think Florida's counties should use the Texas standard.

NEXT:  RELEVANT ELECTION LAWS

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