`hansel & Gretel' Set For Darte Center

Allen Kutner

Sunday, December 03, 2000 &nbsp;&nbsp;&nbsp;&nbsp;Page: 7A 





``Twenty-five years ago this court commented that the will of the people,
not the hyper-technical reliance upon statutory provisions, should be our
guiding principle in elections.'' &nbsp;&nbsp;&nbsp; 
 This quote, from an Associated Press article by Ron Fournier published in
the Hazleton Standard-Speaker on Nov. 22, seems to be the rationale for the
Florida Supreme Court's decision to rewrite the election laws of Florida. &nbsp;&nbsp;&nbsp; This ``will of the people'' stuff sounds so ``goody-goody'' it could make
me cry. But I won't because the will of the people cannot be determined by
arrogant, unelected judges. These statutory provisions that the justices
believe are so evil are the laws enacted by ELECTED legislators. Who really
expresses the ``will of the people'' - appointed judges or elected
legislators? &nbsp;&nbsp;&nbsp; 
 And the ``hyper-technical reliance'' the judges complain of is really a
condemnation of the officials for following the laws as written. How dare
they? &nbsp;&nbsp;&nbsp; 
 No. What we have here is seven arrogant judges deciding that the elected
legislators of Florida are too stupid to write laws. They must be stupid
because their laws are not in agreement with their ``sense of fair play.''
What more proof of the legislature's stupidity do we need? If the laws do not
suit the tastes of the seven all-knowing wise men of the court, ipso facto (by
that very fact) they must be in error. &nbsp;&nbsp;&nbsp; 
 What are the ``hyper-technical'' provisions which the Florida officials
relied on? Why they relied on statutory provisions that the vote be certified
by Nov. 19. But the all-knowing justices decided the proper date is the 26th.
Why? They seem to know that the 19th is too soon. Because, one supposes, the
manual recounts can't be finished. However, Volusia County got their manual
recount in by the legislature's deadline. Broward and Miami-Dade didn't
initially want to do manual recounts and only decided to under the threat of
Democratic lawsuits. Indecision tends to make one miss any deadline. It should
be noted that certification is not final. The loser may contest the
certification in court. The legislature provided ample opportunity for justice
to prevail. &nbsp;&nbsp;&nbsp; 
 Another ``hyper-technical'' legal provision which offended the sensibility
of the seven wise men is the provision that the ELECTED secretary of state may
use discretion in accepting late returns. Oh no! The arrogant seven decided
that they will decide when and what discretion the secretary will exercise. We
certainly should not have elected officials to make decisions when we have
seven wise men to rely on. &nbsp;&nbsp;&nbsp; 
 Then we have the Palm County fiasco to consider here. The justices ignored
this scene. It appears that some voters don't understand the ballot, a ballot
which was explained in the newspapers and illustrated at the polling places
with instructions including: ``Before turning in your ballot make sure the
holes are punched through. If you make another mistake, get another ballot.'' &nbsp;&nbsp;&nbsp; 
 Of course we have to determine voter intent. Why? How? I voted straight
Democrat except for president. If my presidential choice misfired, how would
anyone correctly determine my presidential intent? Determining intent is too
subjective to be seriously considered. &nbsp;&nbsp;&nbsp; 
 This is not about the ``will of the people.'' It's about the ``will of
seven arrogant judges.'' May God help us. &nbsp;&nbsp;&nbsp; 
 Richard D. Enright &nbsp;&nbsp;&nbsp; 
 Hazleton &nbsp;&nbsp;&nbsp; 
 &nbsp;&nbsp;&nbsp;

`will Of The People' Diminished By Florida Justices