Wednesday, December 15, 2004

The Courts should butt out of elections

Hugh Hewitt was prophetic in writing If it's not close, they can't cheat.

The Democrats in Washington state, having lost the governorship by less than 100 votes are pulling out all the stops to dig up disqualified votes they can argue should be counted.

My position on the mess in Florida in 2000 was that the Constitution leaves it up to the state legislature to decide how the states' electors are chosen. They did so and the result of the polling was certified by the legal authorities. Without definite evidence of fraud, the courts should stay out of it. That's what Bush v. Gore should have said. Same thing in Washington. The courts should be reluctant to intervene, and when they do, it should be to confirm that the civil authorities charged with conducting elections have the last word, unless there is clear evidence of fraud.

Politics can be a nasty and highly emotional business. So can court cases. There is no good reason to compound the two.

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