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Here, plaintiffs assert that Florida Statutes, Section 102.166(4) violates the First and Fourteenth Amendments.
In this case, the initial phase of election verification began automatically because Florida Statutes, Section 102.141(4), compels machine recount for electoral differentials of 0.5percentt or less.
Pursuant to Florida Statutes, Section 102.166(4)(d), the Broward County Democratic Party chose the three precincts subject to the manual recount.
Broward County On Nov. 8, 2000, pursuant to Florida Statutes, Section 102.141(4), the Broward Canvassing Board conducted a statutorily mandated machine recount which is now complete.
In this case, the Florida Democratic Party filed requests for manual recounts in Broward, Miami-Dade, Palm Beach and Volusia counties within 72 hours as required by Florida Statutes, Section 102.166(4)(b).
On Nov. 9, 2000, within 72 hours after midnight on the date the election was held, the Broward County Democratic Party filed a request for a manual recount pursuant to Florida Statutes, Section 102.166(4).
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B. The 'Shall' and 'May' Conflict In addition to the conflict in the above statutes, sections 102.111 and 102.112 contain a dichotomy.
Justice Teresi will also instruct the jurors on another statute, Section 35.15, that permits the use of deadly force, and is applicable to any citizen.
The other aspect of Monday's order from the United States Supreme Court that required some attention from the justices in Tallahassee was a concern about a federal statute, Section 5 of Title 3 of the United States Code.
Whether the newly prominent statute, Section 5 of Title 3 of the United States Code, is crucial to the outcome of this case depends largely on whether the justices conclude that anything has happened in Florida so far to make the provision relevant to this phase of the dispute and therefore ripe for review.
Nor are petitioners correct in asserting that the failure of the Florida Supreme Court to specify in detail the precise manner in which the "intent of the voter," Florida Statute Section 101.5614( 5) is to be determined rises to the level of a constitutional violation.
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