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Florida On Trial: Federalism In The 2000 Presidential Election, Jon L. Mills
Florida On Trial: Federalism In The 2000 Presidential Election, Jon L. Mills
UF Law Faculty Publications
This article analyzes how Florida's state election laws operated during the aftermath of the 2000 presidential election. The intersection of law and politics in this controversy was critical. Political considerations affected decisions in both the Bush and Gore camps. The aftermath of the 2000 election found the federal government, the National Conference of State Legislatures, and the State of Florida (among others) commissioning task forces and committees to investigate and suggest election reforms.
Ultimately, the State of Florida passed significant election reform legislation. On May 10, 2001, Florida enacted sweeping election reform legislation entitled the Florida Election Reform Act of …
Reforms In Florida After The 2000 Presidential Election, Jon L. Mills
Reforms In Florida After The 2000 Presidential Election, Jon L. Mills
UF Law Faculty Publications
Much has been written concerning the Florida recount, and the final U.S. Supreme Court decision in Bush v. Gore. Moreover, the popular media has mostly focused on the negatives of the Florida recount without delving into the exact reasons why Florida became the epicenter of this controversy. Not much has been written pinpointing the actual circumstances precipitating Florida's position after the election, nor discussing the theoretical underpinning of Florida election law, which embraces a broad liberal concept of respecting the “will of the voter.”
By examining both the actual circumstances surrounding Florida in 2000 and recognizing that Florida election …
Election Disputes And The Constitutional Right To Vote, Joseph W. Little
Election Disputes And The Constitutional Right To Vote, Joseph W. Little
UF Law Faculty Publications
This commentary is an enlargement of a talk delivered at the annual conference of the Socio-Legal Studies Association (United Kingdom) held in Bristol, England, in April 2001. The purpose was to raise questions about where the "right-to-vote" comes from in the Florida and U.S. Constitutions and whether the constitutional right-to-vote possesses useful legal force in the judicial resolution of a closely-contested election. The Gore-Bush Florida election controversy was the stimulus.
Among the subsidiary questions are: What should a written constitution for a democratic government say about the right to vote? And, how, if at all, should constitutional litigation play a …