IN THE SUPREME COURT OF FLORIDA CASE NO.SC PALM BEACH COUNTY CANVASSING BOARD, Petitioner,
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1 IN THE SUPREME COURT OF FLORIDA CASE NO.SC PALM BEACH COUNTY CANVASSING BOARD, Petitioner, v. KATHERINE HARRIS, as Secretary of State of the State of Florida, and ROBERT A. BUTTERWORTH, as Attorney General of the State of Florida, Respondents. BROWARD COUNTY CANVASSING BOARD S REPLY TO KATHERINE HARRIS, GEORGE W. BUSH S AND ROBERT BUTTERWORTH S RESPONSE TO PETITION FOR EXTRAORDINARY WRIT County Attorney for Broward County ANDREW J. MEYERS Chief Appellate Counsel TAMARA M. SCRUDDERS JOSE ARROJO Government Center, Suite South Andrews Avenue Fort Lauderdale, Florida Telephone: (954) Telecopier: (954)
2 TABLE OF CONTENTS Certificate of Font Size and Style...1 Argument...1 Conclusion...4 Certificate of Service...5 -i-
3 CERTIFICATE OF FONT SIZE AND STYLE This Reply is typed using a Times New Roman 14-point font. ARGUMENT I. THE BROWARD COUNTY CANVASSING BOARD IS NOT BOUND BY ANY OPINION ISSUED BY THE DIVISION OF ELECTIONS. Katherine Harris arguments are largely premised on the fact the Palm Beach County Canvassing Board requested and received an opinion from her office, the Division of Elections, and is therefore bound by that opinion. Critically, the Broward County Canvassing Board never received any opinion from the Division of Elections, and is therefore not bound by any such opinion. Only Jane Carroll, in her capacity as Supervisor of Elections, requested and received an opinion from the Division of Elections. (DE-12). At most, that opinion would bind only Ms. Carroll, not the Broward County Canvassing Board. The Broward County Canvassing Board has voted to proceed with a countywide manual recount. 1 In its decision, the Board considered all of the opinions that have issued. Based upon the limited manual recount which preceded its decision, the 1 The vote was 2-1, with Jane Carroll, the Broward County Supervisor of Elections, dissenting. -1-
4 Board concluded that an error in vote tabulation existed which could affect the outcome of the election. This is the standard established pursuant to Section (5), Florida Statutes. The county-wide manual recount in Broward County began at 2:00 p.m. on November 15, 2000, and is scheduled to continue every day from 8:00a.m. until 6:00 p.m. until all votes are manually counted. While the political parties have continued to battle over the issues in court, the Board remains concerned only with ensuring that the will of the voters in Broward County is accurately and completely determined. The Broward County Canvassing Board can do so if given the necessary time to complete the process established. II. THIS COURT CAN AND SHOULD EXERCISE JURISDICTION There have been few if any cases like the one facing this Court, this State, and this Nation. These are extraordinary circumstances and all interested parties require direction from this Court. If this Court does not take jurisdiction of this matter now, the Court will likely be deprived of the opportunity to exercise jurisdiction in the future, given the small window of time before Secretary Harris intends to declare the voting process at an end in Florida. -2-
5 If this Court fails to provide expeditious direction to all parties, any subsequent direction from this Court may be too late to permit electors from the State of Florida to participate in the Electoral College s selection of the President, resulting in a complete disenfranchisement of all Florida voters. The Board seeks nothing more than to accurately determine the will of all Broward County voters without interference from the Secretary of State, and respectfully seeks all appropriate relief from this Court to further that objective. -3-
6 CONCLUSION For the foregoing reasons, this Court should accept jurisdiction of the case and resolve the question of which State officer s legal opinion is correct under the laws of Florida. Respectfully submitted, County Attorney for Broward County Government Center, Suite South Andrews Avenue Fort Lauderdale, Florida Telephone: (954) Telecopier: (954) County Attorney for Broward County Fla. Bar No ANDREW J, MEYERS Chief Appellate Counsel Fla. Bar No TAMARA M. SCRUDDERS Fla. Bar No JOSE ARROJO -4-
7 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing has been furnished to: (1) ROBERT BUTTERWORTH, Attorney General, PL-01 The Capitol, Tallahassee, Florida , (2) KATHERINE HARRIS, Secretary of State, The Capitol, Tallahassee, Florida , and (3) BRUCE ROGOW, Esq., BRUCE S. ROGOW, P.A., Broward Financial Center, 500 East Broward Blvd., Ste. 1930, Fort Lauderdale, Florida 33394; ROBERT M. MONTGOMERY, JR., 1016 Clearwater Place, West Palm Beach, Florida 33401; DENISE D. DYTRYCH, Palm Beach County Attorney, JAMES C. MIZE, JR., ANDREW J. MCMAHON, and GORDON SELFRIDGE, s for Palm Beach County, 301 North Olive Avenue, Suite 601, West Palm Beach, Florida by facsimile and Airborne Express this 16th day of November,
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