The Supreme Court of Florida has said that the legislature intended the State's electors to 'participat[e] fully in the federal electoral process,' as provided in 3 U. S. C. 5. That statute, in turn, requires that any controversy or contest that is designed to lead to a conclusive selection of electors be completed by December 12. That date is upon us, and there is no recount procedure in place under the State Supreme Court's order that comports with minimal constitutional standards. Because it is evident that any recount seeking to meet the December 12 date will be unconstitutional for the reasons we have discussed, we reverse the judgment of the Supreme Court of Florida ordering a recount to proceed. Seven Justices of the Court agree that there are constitutional problems with the recount ordered by the Florida Supreme Court that demand a remedy.
About this quote
- What does it mean?
- Florida's law requires electors to participate fully and finish any contest by Dec 12; a recount would be unconstitutional, so the court reversed the recount order.
- In plain terms
- Florida must electors must decide by Dec 12, and a recount would violate the constitution.
- What can you take from it?
- Follow statutory deadlines to avoid unconstitutional recounts.
Where it applies
Putting it to work
Questions to consider
- What safeguards prevent unconstitutional election procedures?
- How should courts balance speed and fairness in elections?
Another view
The decision hinges on a specific statutory interpretation that may be contested.
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