Columns: Legislature, court float in fallout of election

A mad tea party has settled around the state Capitol, a tent city of cables and cameras and protests and press conferences. It is impossible to cross the courtyard without stumbling over a celebrity spin-master or lawyer or imported member of Congress sent here to set things straight. The idea appears to be that if enough people talk enough, it will produce a new president of the United States.

Tuesday's presences included the Rev. Jesse Jackson and U.S. Rep. Charles Rangel of New York for the Democrats, and former Secretary of State James Baker for the Republicans. The big-shot lawyers were somewhat less visible, writing briefs on deadline in the various court cases.

The west side of the 22-story Capitol boasts cascading staircases that lead down the hill to Duval Street. Across that street stands the stately Florida Supreme Court building. Here was the most ominous evidence of crisis: A gaggle of police and armed guards blocked access to the court's front doors, standing behind street barricades and police tape. They bristled at anyone who came too close. Bad symbolism.

Working in his offices on the Capitol's main floor, Gov. Jeb Bush continued to avoid the limelight. On Sunday he had executed his only official act in connection with the election, which was to sign the 21-page Certificate of Ascertainment after the final tally.

This certificate, sent to the National Archives in Washington by registered mail, listed the presidential electors nominated by each party, and the votes that each received on Nov. 7. It was printed on plain legal-sized paper, no letterhead, no frills. At least he could have used a fancy parchment or something.

In short, the result is official. George W. Bush has won Florida's 25 electoral votes, and therefore the White House.

Unless the courts say otherwise.

The courts still loom over it all. There are at least 19 pending actions in state and federal court. Of these, the big enchiladas are George W. Bush's case in the U.S. Supreme Court, seeking to shut down Florida's recounts, and Al Gore's formal contest of election results, filed in Leon Circuit Court in Tallahassee. There is no doubt that Gore's challenge will make it back to the Florida Supreme Court, which so (in)famously ruled his way on manual recounts.

Into all this, enter the Legislature.

A joint committee of Senate and House members from places like Plant City and Bartow, Live Oak and Osprey convened Tuesday for one of the most extraordinary questions ever considered in Tallahassee: If all else fails, will the Legislature decide who casts Florida's votes in the Electoral College?

It seemed like a remote fantasy last week but now is a real prospect. Experts testified that the U.S. Constitution clearly gives each state legislature (not the courts) the power to select electors. If the popular election is unclear, federal law says the Legislature can decide.

The scenarios are wild. If the courts somehow give the election back to Gore -- or even if the fight is not finished -- the Republicans who control the Legislature could simply pass a law saying that Bush won anyway.

If Florida does not decide in time for the Electoral College vote on Dec. 18, does Gore then win, because he has a majority of the remaining votes? What happens if the Florida Supreme Court orders one slate of electors, and the Legislature another?

If no president is elected by the end of President Clinton's term in January, who becomes president? The speaker of the House, Dennis Hastert. And if Hastert refuses, then who is next? The president pro tempore of the U.S. Senate -- Sen. Strom Thurmond, R-S.C.

President Strom Thurmond.

Outside the Senate Office Building at mid-morning, a lone, bearded protester paced back and forth. He carried a hand-written sign declaring: "Don't Circumcise The Vote." It was not clear which side he was on, but it seemed like good advice regardless.

Contact the Times | Privacy Policy
Standard of Accuracy | Terms, Conditions & Copyright