So, elections are over and, because this is Florida that means that . . . well, elections are never really quite over. Yup, once again the Sunshine State has found itself in an election fiasco with Houdini-like appearances and disappearances of vote stashes, missed recount deadlines, improperly-rejected ballots (including some cast by elected officials themselves) and even overheated tabulation machines. It’s enough to make you ask – will Florida ever have an election without a recount? Or, maybe the better question is why does Florida have so many vote count do-overs?
I guess it starts with that Florida law mandates recounts – at least when the vote margin between the top candidates is less than (or equal to) .5 percent. And if the margin is really close (less than or equal to .25 percent) then a manual recount is even commanded. It’s our failsafe to make sure we get the numbers right. So why then do we so often wind up getting the numbers wrong and going back to the old abacus?
Perhaps the answer lies in consistency – or, more accurately, inconsistency. When it comes to elections, Florida has 67 counties doing 67 different things. Take for example, the recount process itself.
The standard for all counties is .5 percent vote difference or less calls a recount. However, once a recount is triggered, the process for collecting recount ballots, tabulating recount ballots, the resources allotted to recounting ballots, the equipment used, and even the personnel selected are left mostly to local control – with partisan elected election supervisors determining much of the when, where and how a recount will happen. It’s a recipe for a skeptical electorate.
Add that Florida law allows an unsuccessful candidate, elector, or even taxpayer to contest an election result based upon fraud, corruption, candidate ineligibility, illegal votes or improper rejection of legal votes and you see how we get the controversy.
Me — I say this is the Sunshine State and we do things a little differently down here and it works for us. You just have to learn our simple rules. Really — it’s as easy as one, two, four.
Russel Lazega is an attorney and author of two of Florida’s most widely distributed legal textbooks on Florida Insurance Law. He also represents storm victims and consumers at war with their insurance companies and is based in North Miami, Dania Beach, Orlando and Tampa, Florida. Questions? Contact: Russ@fladvocates.com.
