| Show From Page One 10A Friday December 12000 Obscure federal law could be in election case before Court The Washington Post WASHINGTON - As the Supreme Court prepares to enter the unfamiliar territory of a disputed presidential race the outcome of the case - and possibly the election itself - could hinge on the court’s interpretation of an obscure federal law bom of the partisan political battles of the 19th century In their final written arguments submitted to the justices Thursday the two sides clashed over the meaning of the Electoral Count Act passed by Congress in 1887 and largely ignored since When the high court convenes at 10 am Friday m to hear oral argument in Bush vs Palm Beach County Canvassing Board the once obscure law will be at the center of the presentation by lawyers for Vice President A1 Gore and Texas Gov George W Bush The law was intended to prevent a repeat of the 1876 presidential election debacle in which Republican Rutherford B Hayes defeated Democrat Samwar uel Tilden after a near-civ- il over competing slates of electors appointed within several states It sets criteria for deciding whether a state’s choice of electors is to be considered “conclusive” when Congress assembles to count the electoral votes The crucial language in the statute provides that in states where a “contest or controver sy” over the choice of electors arises the dispute should be settled “pursuant to” state laws “enacted prior to” election day - and that the dispute should end at least six days before the electors are supposed to meet to vote If the dispute is settled in cordance with those conditions then the electors chosen will be recognized by Congress In the view of the Gore team led by Harvard Law School professor Laurence Tribe the Electoral Count Act was meant merely to regulate each state’s ac- “dispute resolution process” That process the Gore lawyers argue can include judicial inter- pretation of pre-existi- state election law such as the Florida Supreme Court’s Nov 21 decision allowing manual recounts to proceed despite Secretary of State Katherine Harris’ assertion that state law required them to be excluded after Nov 14 Bush’s legal team spearheaded by veteran conservative appellate lawyer Theodore Olson of Gibson Dunn & Crutcher argues that the Florida court’s ruling constituted a new election law written after election day Therefore the Bush team ar- gues the ruling violates the Electoral Count Act the Supreme Court must “vacate” it and Florida must revert to the election result Standard-Examin- key ACLU From 1A to sue if it passed” There is another alternative he said If the supporters believe there are problems with the statute the Legislature has the power to change it “That certainly would be an option They could amend it Allowing the state court to create new deadlines and rules after the fact Bush contends would set a precedent meaning that “every close presidential election wifi be transformed into a litigation circus” They could do whatever they want” Hunter said Whether the sponsors would run an initiative all over again attorneys contend that even if the US Supreme Cpurt finds that the Florida tourt was inconsistent with the statute it can’t order the remedy Bush’s lawyers seek The only Gore’s consequence they argue would be to leave the legitimacy of Florida's electoral slate open to a challenge in Congress during count in Januthe electoral-vot- e ary They suggested that the real reason Bush wants the justices to enforce a Nov 14 deadline is to help upend Gore’s new lawsuit contesting the election in Florida state court Bush “seeks not just to run out the clock but extraordinarily to have this Court turn back the clock in pending Florida contest proceedings so that he can declare the game over” the Gore bnef says Bush responds that the current timetable is unfair to him “The court's extension of the certification deadline has dramatically compressed the time for efforts to contest the election and most significantly for defending against such efforts” his brief says " should the courts rule against it Hunter said “That’s so many steps down the road we'd have to step back at that time and see what we’d want to do” “This law would impact a lot of people directly” said Garcia whose Ward 1 seat on the Ogden City Council is the most ethnically diverse “This will determine what access to government really is and how access to government should be handled” Garcia Said the Ogden Council “English-plus- ” passed a resolution which says English is the language of government in Utah but everyone should honor language diversity “I support that That makes it more inclusive” he said The initiative said English will be “the sole language of the government” in Utah and that all government documents and transactions will be in English It ed does not transactions homes Maryboy said “and now our he’s trying to culture” our language Gov Mike Leavitt issued the required proclamation Tuesday and certifying the election results be in declaring the initiative to force According to the Utah law the initiative will take affect five days later which is Sunday and the most restrictive” Clark said A nearly identical statute in Arizona has as down struck been unconstitutional he said and a broadest impact or similar one in Alaska has been enjoined by the state courts while it is berng challenged “That’s what we will tell the 3rd District Court” Clark said “This issue has already been adjudicated in Arizona and been found unconstitutional Happily private County “The law deprives persons who are limited in English proficiency or entirely lacking in it of protected liberty and suit because he is convinced the initiative “will put psychological as well as physical barriers before people trying to learn English” And Juan San Commissioner Mark Maryboy a Navajo who said he conducts 90 percent of his government business in the Navajo language asked “What kind of god do the white people pray to who would do this?” The white man has taken the Navajo Tribe’s land and his property interests without due process of law by denying them access to government entitlements benefits and services” the suit says You tp digital-qualit- 800-839-61- Li Local wt’ MM rn nB M aartflans I rnme iwtwmBziywH a downwl CKX2Mi9MsapalORECTV(K Hii WMi MfH JWKET '0 VMraar aran noMen M mn liidgn MiwMat miW ftm r (Morn Ca Mtt Order and Installation Line im— mlnn tsfter' UMQocranp Wtantr Mar trti OIRECIV o—w much-watche- stuck-in-limb- J said England “It’s something 9 30-Monday-Frida- y 30 and Saturday at all Dillard locations Shop Sunday In Ogden: Newgate Mali In Salt Lake City: Fashion Place and South Town Center We welcome your Dillard s Credit Card The American Express Card Diners Club International Mastercard? Visa and The Discover Card S MM aw nuM iscMMnea uaact e Martr Suutwnnw maftnMGratMTVu£ no An unassuming truck dnverelec-tion- s official getting his 15 minutes of fame With inevitable echoes of OJ Bronco Simpson's slow-spee- d ride the freeway odyssey of a truckload of disputed presidential ballots became a metaphor Thursday for a presidential spectacle The ballots were hauled from West Palm Beach to the state capital Tallahassee where they were stored in a courthouse vault A judge will consider this weekend whether their dimples chads and punch holes should be examined anew The tnp made for street theater - literally - as cameras chronicled the truck’s every move “I don’t know if it compares to the white Bronco but it sure is funny” said John Harvey 37 of Tallahassee among 30 people watching as the truck backed into a courthouse garage Was it any wonder that the lunch break took place at a highway rest stop not far from Disney World? Or that the route took the ballots over the Ronald Reagan Turnpike? Or that the d journey began with the ballots stuck in rush hour traffic - much like the o presidential race? “Oh my God The whole world is watching!" declared Lt Jim Kersey driving the caravan’s lead car Well not quite But O-- Simpson now a Florida resident couldn't resist tuning in “In my case it may have been a little more intriguing because people didn’t know what was going to happen” said Simpson of events six years ago “Here they know the ballots are going to get to Tallahassee” Retired police officer Rodger England of Sorrento drove to a rest stop in Ocala to get a glimpse of the yellow Ryder truck and its armada of escort vehicles “It’s history in the making” 9 CU 22 e nodne pntf a by Subscribing Today1 Programming startirg at $21 "mo Over y channels available 225 No monttly contract ALONG THE RONALD REAGAN TURNPIKE Fla -Helicopters speeding above a highway convoy Bystanders gawking and snapping photos 11-- 5 or 4 Satellite TV Press you gotta see This may turn out to be nothing but then again it may be really something” Gore was hoping for the latter Hoping Ieon County Judge N Sanders Saul would order that the ballots be recounted to see if Gore votes were hidden among those previously rejected A second load of 600000 balCounty lots from Miami-Dad- e were packed into 82 boxes and stored on the 19th floor of the Miami's local government buildnorth ing to await a similar trip on Friday 532-210- rwakley fastandardnet Images of OJ: Votes roll down the freeway The Associated can reach reporter Ralph Wakley Save $240°° business individuals Of the 26 states with Official English statutes “Utah’s is the up The ACLU claims it will place vague and arbitrary restrictions on both elected and appointed government officials trying to communicate with people who are not proficient in English that it is unduly vague and violates free speech protections our Constitution provides the answers” Bill Eggington a Brigham Young University professor of English and of linguistics said he is helping the ACLU with the t rwrt URaxw ycwflfnw rwxam x V KrCf nfurOVi rattyr w- "01 r wrrt |
