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Special Event

Florida Lawmakers Vote to Hold Special Session to Appoint Presidential Electors

Aired November 30, 2000 - 11:39 a.m. ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

STEPHEN FRAZIER, CNN ANCHOR: We think the significance of those pictures of the truck are that inside the truck are the ballots that could determine the next president.

Actually, I think the real significance is when have you ever seen anybody driving on a Florida highway with so little traffic? That's the real story.

Anyway, when it gets there, it's going to be in Tallahassee. And we're going to turn there now to see the committee that's discussing whether the Florida legislature should hold a special session with the intent of selecting new electors to the Electoral College.

(JOINED IN PROGRESS)

LISA CARLTON (R), FLORIDA STATE SENATE: ... convene a special session to determine the manner in which the electors of this state shall be appointed and to consider, and if necessary, take such other action to ensure that Florida's 25 electoral votes for president and vice president in the 2000 presidential election are counted.

Sen. Laurent further moved that a special session be held as soon as practical with such action to be accomplished by appropriate legislative means. Sen. Laurent further moved that the staff be directed to memorialize under the supervision of the co-chairs this recommendation in detail, sufficient to explain the necessity to act and the manner in which that action may be taken. The report shall be signed by all committee members voting in favor of this motion and then forwarded to the president and the speaker.

This a motion by Sen. Laurent. Is there a substitute motion?

Representative...

TOM ROSSIN (D), FLORIDA STATE SENATE: Madam Chair, if I could have just a second.

CARLTON: Yes. And let me also say, Sen. Laurent, you have given copies of this motion to all the members of the committee? Is that correct?

Sen. Rossin, for what purpose? ROSSIN: Madam Chair, I know of no Senate rule that allows a motion to be used in the form of a statute to be amended. I just wondered what rule we would be operating under in the Senate rules.

CARLTON: We have precedent in the Senate rules that we handle motions when it is in this manner that they will be treated as a bill subject to amendment, as a motion would be subject to amendment in the committee process.

ROSSIN: I'll take your word for it. I say I know of no rule, but if you say that's precedented in the Florida Senate and we've done it before, I'll take your word for it.

CARLTON: Thank you, Sen. Rossin.

Rep. Gottlieb, for what purpose?

KENNETH GOTTLIEB (D), FLORIDA STATE HOUSE: The purposes of a substitute motion.

CARLTON: Rep. Gottlieb, you're recognized for purposes of a substitute motion.

GOTTLIEB: I'd like to move that we have a substitute motion as follows: Whereas on November 7, 2000, close to 6 million Floridians went to the polls to vote for presidential and other candidates. And whereas on Sunday, November 26, 2000, Florida certified its presidential electors for George W. Bush. And whereas November 26, 2000, Jeb E. Bush signed an ascertainment of such certification and delivered such ascertainment to the National Archives. And whereas Section 2 of Title 3 of the United States Codes limits the powers of the legislature to select the manner of choosing electors after the election on November 7 unless there was a failure to make a choice on that day.

And whereas Florida has indeed made a choice and has certified the result for George W. Bush, and whereas Al Gore has contested such certification, and whereas contests conducted under Florida law can result only in affirmation of such choice where a judgment of ouster and an amended certification for another slate of elections. And whereas at no time will Florida not be represented by a slate of electors.

And whereas the legislature illegally and unconstitutionally attempting to substitute its judgment for its citizens will result in disenfranchising millions of voters. And whereas thousands of votes still remain uncounted in Miami-Dade County. And whereas thousands more votes remain in question in Palm Beach and Nassau counties. And whereas thousands of absentee ballots are being contested in Seminole County.

And whereas this legislature should resolve that all votes cast be fully and accurately counted. And whereas the will of the people should be paramount to the will of the legislature. And whereas the legislature's dismissal of the will of the people would likely lead to voter distrust and outrage, as well as escalate unhealthy partisanship in our state. And whereas setting a dangerous precedent of legislatively overturning a presidential election could lead to other states attempting the same, and thereby causing universal chaos in our electoral process.

And whereas we should respect the rule of law in the constitutional right of one vote for each citizen, it is recommended that the legislature take no action to interfere with the lawful, ongoing election process created prior to the election of November 7, 2000.

CARLTON: Rep. Gottlieb has moved a substitute motion to Sen. Laurent's motion. His substitute motion recommends that the legislature take no action to interfere with the lawful ongoing election process created prior to the election of November 7, 2000.

We are on the substitute motion as read by Rep. Gottlieb. On the substitute motion, is there any discussion, any further discussion? Any further debate? The secretary will call the role on the substitute motion as read by Rep. Gottlieb.

UNIDENTIFIED FEMALE: Sen. Holzendorf.

BETTY HOLZENDORF (D), FLORIDA STATE SENATE: (OFF-MIKE)

UNIDENTIFIED FEMALE: Sen. Horne.

JIM HORNE (R), FLORIDA STATE SENATE: No.

UNIDENTIFIED FEMALE: Sen. Laurent.

JOHN LAURENT (R), FLORIDA STATE SENATE: No.

UNIDENTIFIED FEMALE: Sen. Rossin.

ROSSIN: Yes.

UNIDENTIFIED FEMALE: Sen. Smith.

ROD SMITH (D), FLORIDA STATE SENATE: Yes.

UNIDENTIFIED FEMALE: Sen. Webster.

Rep. Betancourt.

Rep. Cantens.

GASTON CANTENS (R), FLORIDA STATE HOUSE: No.

UNIDENTIFIED FEMALE: Rep. Diaz-Balart.

MARIO DIAZ-BALART (R), FLORIDA STATE HOUSE: No.

UNIDENTIFIED FEMALE: Rep. Goodlette.

J. DUDLEY GOODLETTE (R), FLORIDA STATE HOUSE: No.

UNIDENTIFIED FEMALE: Rep. Gottlieb?

GOTTLIEB: Yes.

UNIDENTIFIED FEMALE: Rep. Stansel.

DWIGHT STANSEL (D), FLORIDA STATE HOUSE: (OFF-MIKE)

UNIDENTIFIED FEMALE: Chairman Byrd.

JOHNNIE BYRD (R), FLORIDA STATE HOUSE: No.

UNIDENTIFIED FEMALE: Chairman Carlton.

CARLTON: No.

By your vote, the substitute motion as offered by Rep. Gottlieb is not adopted on the original motion as offered by Sen. Laurent.

Is there any further discussion on the original motion as offered by Sen. Laurent?

HOLZENDORF: I have a question, Madam Chairman.

CARLTON: A question on -- for what -- you have a question for what purpose, Sen. Holzendorf?

HOLZENDORF: I have a question on the timing of the session.

CARLTON: You have -- Sen. Holzendorf, you're recognized for a question on the timing of the session.

HOLZENDORF: Yes, ma'am. Thank you.

The resolution says that the special session will be held as soon as practicable with such action to be accomplished by appropriate legislative means. What is practicable?

CARLTON: Sen. Laurent, you are recognized for the purposes of answering Sen. Holzendorf's question.

LAURENT: Well, you know, the -- on special sessions that set the call of the presiding officers of the two houses, we're not telling them when we should meet, but that would be their call.

CARLTON: Sen. Holzendorf, do you have a follow-up question.

HOLZENDORF: Yes, Madam Chairman.

CARLTON: You're recognized for the purposes of a follow-up question.

HOLZENDORF: Then I guess my next question would be, then why would we not just say, we move that a special session be held rather than indicating -- I mean, if we're not going to say when we want it held, and at the call of the presiding officers, if the vote is just to say a special session could be held, could we not just say that? LAURENT: Well, the motion does say that we feel that a special session is necessary and that a special session does need to be timely called to give us the opportunity to go through the process that would be necessary to engage in whatever action we determine is necessary. But, again, it's up to the presiding officers to make the actual call and the dates of that call.

CARLTON: Thank you, Sen. Laurent.

Any further discussion, debate on the original motion...

GOTTLIEB: A question.

CARLTON: ... as offered by -- questions?

GOTTLIEB: Yes, just to follow up.

CARLTON: Rep. Gottlieb, for what purpose?

GOTTLIEB: For a question on the timeliness.

CARLTON: Excuse me, I didn't hear what you said.

GOTTLIEB: I have a question on the time issue.

CARLTON: Rep. Gottlieb, you're recognized for a question on the timeliness issue.

GOTTLIEB: Does that mean that this special session can occur before December 12?

CARLTON: Sen. Laurent, you're recognized to answer the question.

LAURENT: Yes.

CARLTON: Any further questions, any further discussion, any further debate on the original motion as offered by Sen. Laurent? The secretary will call the role on the original motion as offered by Sen. Laurent.

UNIDENTIFIED FEMALE: Sen. Holzendorf.

HOLZENDORF: No.

UNIDENTIFIED FEMALE: Sen. Horne.

HORNE: Yes.

UNIDENTIFIED FEMALE: Sen. Laurent.

LAURENT: Yes.

UNIDENTIFIED FEMALE: Sen. Rossin.

ROSSIN: No.

UNIDENTIFIED FEMALE: Sen. Smith.

SMITH: (OFF-MIKE)

UNIDENTIFIED FEMALE: Sen. Webster.

DANIEL WEBSTER (R), FLORIDA STATE SENATE: (OFF-MIKE).

UNIDENTIFIED FEMALE: Sen. Webster?

WEBSTER: Yes.

UNIDENTIFIED FEMALE: Rep. Betancourt.

ANNIE BETANCOURT (D), FLORIDA STATE HOUSE: (OFF-MIKE)

UNIDENTIFIED FEMALE: Rep. Cantens.

CANTENS: Yes.

UNIDENTIFIED FEMALE: Rep. Diaz-Balart.

DIAZ-BALART: Yes.

UNIDENTIFIED FEMALE: Rep. Goodlette.

GOODLETTE: Yes.

UNIDENTIFIED FEMALE: Rep. Gottlieb.

GOTTLIEB: No.

UNIDENTIFIED FEMALE: Rep. Stansel.

STANSEL: No.

UNIDENTIFIED FEMALE: Chairman Byrd.

BYRD: Yes.

UNIDENTIFIED FEMALE: Chairman Carlton.

CARLTON: Yes.

By your vote, the motion as offered by Sen. Laurent is adopted. Sen. Webster moves we rise.

BILL HEMMER, CNN ANCHOR: We have seen history at nearly every turn for the past 23 days. And once again, we are inching closer to another slice of history. The special committee now moving forward with what we had expected for many days now; that is, a special session called by the state House and Senate here in Tallahassee, Mike.

MIKE BOETTCHER, CNN CORRESPONDENT: And the next step is this recommendation will be sent to the speaker of the House and the president of the Florida Senate, who will then be able to decide when to call this special session. Sources in the legislature on the Republican side, and the Democrats, have told me they believe it's going to be on Tuesday. That will be the day that this will be called. We'll see a special session, and it indeed will be history.

Now, the real debate will be coming up. Some say there will be blood on the floor, even between Republicans, about when to actually start this whole process, how soon to actually vote on naming those electors for George W. Bush. The Senate wants to hold off for a while, wait for the last minute. The House is more activist and would like to see this done in a hurry.

HEMMER: We know the deadline that everybody's talked about is 12:01 a.m. on the 12th of December. And you heard, again, the comment about that word "time": timely fashion, timely manner. And certainly that is something that they're watching, is the calendar.

BOETTCHER: No, absolutely. And that's one reason they want -- the Republican side wants to call this special session, because they want to have this option available to them at any point, Bill.

HEMMER: All right, Mike Boettcher, Bill Hemmer live here in Tallahassee. We will watch that, again, we anticipate, on Tuesday. But anything can happen and anything can change.

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