GOP Anger Grows


By Eric Pianin and Juliet Eilperin
Washington Post Staff Writers
Monday, November 20, 2000; Page A8




Growing GOP anger about the recount in Florida could make it much more difficult – if not impossible– for Vice President Gore to forge consensus on Capitol Hill even if he were to gain the presidency, according to lawmakers on both sides of the aisle.

Although they staunchly back his aggressive legal tactics in seeking a hand recount of votes, some Democrats fear that if Gore prevails and wins the election, a conservative backlash could cripple his presidency and lead to a reprise of the bitter feelings that attended the impeachment of President Clinton.

Already, some prominent Republicans, including former Senate majority leader Robert J. Dole (R-Kan.), have mentioned the possibility of a boycott of the inauguration if Gore is elected president over George W. Bush. And House Majority Whip Tom DeLay (R-Tex.) has circulated a staff memorandum to congressional Republicans pointing out that the House and Senate can reject a state's electoral votes if they decide that the votes are tainted.

Sen. Richard J. Durbin (D-Ill.) said in an interview that he and other Democrats are concerned about the growing intensity of Republican outrage over Gore's tactics--and what that might mean for the future if Gore is elected.

"I think Gore has handled [the election recount] as well as he could, but it's a very delicate situation," Durbin said. "If he ends up the president, he will feverishly reach out to members to try to build bridges. But he will be carrying some Clinton-Gore baggage that's going to keep some Republicans from wanting to work with him."

A Senate Democratic leader added, "The depth of resentment and the extraordinary hostility the Republicans already have demonstrated towards the vice president is far greater than the somewhat mild opposition that Democrats have expressed about Bush."

Interviews with House and Senate lawmakers and aides suggest a growing unease on Capitol Hill over the historic post-election battle for the presidency, which could drag on for weeks and eventually come before the House to be resolved.

House GOP Chief Deputy Whip Roy Blunt (R-Mo.), who is advising the Bush campaign in Austin, warned that a Gore win in Florida would make Republicans question the legitimacy of the outcome.

"It's difficult for me to see a way [Gore] can get there in a way that's not very troublesome," Blunt said. He noted that Democratic officials control key posts in the counties that are undergoing a manual recount, and that they have objected to hundreds of military absentee ballots: "It would be difficult for people to believe that the process wasn't cynically manipulated at the end."

For the moment, the Democrats are standing firmly behind Gore. During a conference call in which Democratic vice presidential nominee Joseph I. Lieberman briefed 120 House members Friday, House Minority Leader Richard A. Gephardt (D-Mo.) was unwavering.

"We want you to know all of us are behind you," said Gephardt, who jointly issued a news release with Senate Minority Leader Thomas A. Daschle (D-S.D.) supporting Gore's efforts to delay certification of the election. "We're there, [and] we will stay there."

Moreover, some Democrats warn that if DeLay and other House conservatives try to challenge a Gore win in Florida, the repercussions would be dire. "If Republicans try to invalidate electoral votes, that certainly would poison the well," said Rep. Martin Frost (Tex.), chairman of the House Democratic Caucus.

Behind the scenes, however, Democrats, who came up short in their bid to reclaim control of Congress, have begun plotting strategy for how to go about dealing with a new Republican administration. Last week, Gephardt met privately with House Speaker J. Dennis Hastert (R-Ill.) in a bid to mend their strained relations.

Gephardt and other House Democratic leaders also met with the 14 freshman Democratic House members and with the conservative "Blue Dogs" and more centrist "New Democrats" to begin mapping out a new agenda.

What came through loud and clear at those meetings, said a senior House Democratic aide, was that many of these Democrats would be eager to work with a new Bush administration if that meant they could play a role in shaping tax legislation, health care reform, campaign finance reform and other key measures that have languished in Congress.

"I think the conservative and moderate Democrats would eventually work with Bush," said a top Democratic aide. By contrast, he added, Gore would have enormous trouble winning support for his programs from moderate Republicans, who would be pressured by GOP conservatives to stay in line, just as they were during the impeachment proceedings.

"The conservative Republicans have made it impossible for the moderates to work with Gore," the aide said.

Blunt noted that in the past two years the vice president has not made a single call to a Republican House or Senate leader. That level of distance, argued Norman Ornstein of the American Enterprise Institute, would only exacerbate Gore's problems in working with Congress.

"I couldn't think of a single Republican who, if Gore became president, would serve as an intermediary. That will make it tough," Ornstein said.

Durbin said that as "the new kid on the block," Bush could "walk into meetings with congressional leaders with no history or baggage," while "Gore has a history." He said Gore would bring far more experience to the job than Bush, but conceded that it is unlikely he could galvanize Republican backing for his proposals.

"I guess we can pray for [that], but it would be a triumph of hope over experience," Durbin said.

Conservative Sen. Sam Brownback (R-Kan.) said he would give Gore "the benefit of the doubt" and might cooperate if Gore were sincere about reaching a consensus on taxes and other issues. But he charged that the Clinton administration repeatedly misled the Republicans in the past and that "you become very jaded."

Republicans retained control of the Congress in the Nov. 7 election, though their margins shrank. In the House the GOP holds a nine-seat advantage, while in the Senate the margin will be either 51-49 or 50-50, depending on the outcome of Sen. Slade Gorton's (R-Wash.) reelection bid.

As of Saturday morning, Gorton had withstood an influx of absentee ballots to hold a 1,771 lead over Democrat Maria Cantwell, with 51,000 absentee ballots yet to be counted.

With neither party scoring a resounding victory and Congress still struggling to complete its work for the fiscal year that began Oct. 1, many believe that neither Bush nor Gore would be able to get much of their ambitious agendas enacted into law.

"Recent history shouldn't give anyone a lot of confidence that things are going to change that much," said Rep. Calvin M. Dooley (D-Calif.), a centrist who supports some GOP initiatives. "It's going to be incumbent on either President Bush or President Gore to send a strong mandate to the Hill that he expects people to work in a bipartisan fashion."

But appearing on "Fox News Sunday" yesterday, Sen. John Breaux (D-La.), another leading moderate, said: "We're going to be forced to like each other whether we like each other or not. It's going to be a different Congress."



© 2000 The Washington Post Company

RELEASED: DEMOCRAT MEMO ON HOW TO DISQUALIFY MILITARY VOTES

**World Exclusive**

The DRUDGE REPORT has obtained -- and is now releasing worldwide -- a memo circulated to Democrats throughout Florida detailing how to disqualify overseas military ballots!

MORE

It's been talked about. It's been flashed on TV. But now only the DRUDGE REPORT can bring you the full text.

Mark Herron, a Tallahassee lawyer helping shepherd Democratic presidential election lawsuits through the local courts, sent the five-page letter to Democratic attorneys across Florida giving them tips on how to lodge protests against the ballots which heavily favored Republican George W. Bush.

Bush comfortably won Florida's overseas absentee vote by 1,380 votes to Vice-President Al Gore's 750 but, after vigorous challenges by Gore canvassers, 1,527 of the postal ballots, many of them from soldiers and sailors on active service, were rejected using Herron's bluprint.

Gen Norman Schwarzkopf led Republican condemnation of a five-page guide which advised Democratic tellers how to raise objections to the postal votes.

He said: "It is a very sad day in our country when the men and women of the armed forces are serving abroad and facing danger of a daily basis . . . and are denied the right to vote for the president of the United States who will be their commander in chief."

The 5-page memo as obtained by the DRUDGE REPORT:

Date: November 15, 2000
To: FDP Lawyer
From: Mark Herron
Subject: Overseas Absentee Ballot Review and Protest

State and Federal law provides for the counting of "absentee qualified electors overseas" ballots for 10 days after the day of the election or until November 17, 2000. Sections 101.62(7)(a), Florida Statutes defines as "absentee qualified elector overseas" to mean members of the Armed Forces while in the service, members of the merchant marine of the United States and other citizens of the United States, who are permanent residents of the states and are temporarily residing outside of the territories of the United States and the Districts of Columbia. These "absent qualified electors overseas" must also be qualified and registered as provided by law.

You are being asked to review these overseas absentee ballots to make a determination whether acceptance by the supervisor of elections and/or the county canvassing board is legal under Florida law. A challenge to these ballots must be made prior to the time that the ballot is removed from the mailing envelope. The specific statutory requirement for processing the canvass of an absentee ballot including of overseas absentee ballot, are set forth in Section 101.62(2) (c)2. Florida Statutes:


If any elector or candidate present believes that an absentee ballot is illegal due to a defect apparent on the voter's certificate, he or she may at anytime before the ballot is removed from the envelope, file with the canvassing board a protest against the canvass of the ballot specifying the precinct, the ballot, and the reason he or she believes the ballot to be illegal. A challenge based upon a defect in the voterŐs certificate may not be accepted after the ballot has been removed from the mailing envelope.


The form of the voter's certificates on the absentee ballot is set forth in section 101.64(1), Florida Statutes. By statutory provisions, only overseas absentee ballots mailed with an APO, PPO, or foreign postmark shall be considered a ballot. See Section 101.62(7)(c). Florida Statutes.

In reviewing these ballots you should focus on the following:


1. Request for overseas ballots: Determine that the voter affirmatively requested an overseas ballot, and that the signature on the request for an overseas ballot matches the signature of the elector on the registration books to determine that the elector who requested the overseas ballot is the elector registered. See Section 101.62(4)(a), Florida Statutes.

2. The voter's signature: The ballot envelope must be signed by the voter. The signature of the elector as the voter's certificate should be compared with the signature of the elector of the signature on the registration books to determine that the elector who voted by ballot is the elector registered. See Section 101.68(c)x, Florida Statutes.

3. The ballot is properly witnessed: The absentee ballot envelope must be witnessed by a notary or an attesting witness over the age of eighteen years. You may note that these requirements vary from the statutory language from the Section 101.68(2)(c)1, Florida Statutes. Certain statutory requirements in that section were not proclaimed by the Justice Department pursuant to Section 5 of the Voting Rights Act, Sec. DE 98-13.

4. The ballot is postmarked: With respect to absentee ballots mailed by absolute qualified electors overseas only those ballots mailed with an APO, PPO, or foreign postmark shall be considered valid. See Section 101.62(7)(c), Florida Statutes. This statutory provision varies from rule 15-2.013(7), Florida Administrative Code, which provides overseas absentee ballots may be accepted if "postmarked or signed and dated no later than the date of the federal election."

5. The elector has not already voted (duplicate ballot). In some instances, an absent qualified elector overseas may have received two absentee ballots and previously submitted another ballot. No elector is entitled to vote twice. (Please insert appropriate Fl. xxx.)


To assist your review, we have attached the following:

1. A review Federal Postal regulations relating to FPO's and PPO's.

2. A protest form to be completed with respect to each absentee ballot challenged.

3. Overseas Ballot Summary of Definitions.


--------------------------------------------------------------------------------


Revised
Overseas Ballot Summary of Definitions

There are 3 different types of overseas ballots that are valid for return at the counties provided they are postmarked on or before November 7th.

1. Federal Write-In ballot

Must be an overseas voter and must be eligible to vote and be registered under State law.

Must have affirmatively requested an absentee ballot in writing and completely filled out request (including signature)

Must comply with State laws applying to regular absentee ballots (such as registration requirements, notification requirements, etc.)

Ballot contains only Federal races, and is considered to be a "backup" system if the regular state absentee ballot fails to arrive.

The intent of the voter in casting the ballot should govern. In other words, minor variations in spelling candidate or party names should be disregarded in ballot counting so long as the intention of the voter can be ascertained.

Must be postmarked as an APO, FPO, or MPO in a foreign country or at a foreign post office.



2. Florida Advance Ballot

Sent out in advance of a regular General Election ballot with state and Federal candidates listed.
Must be an overseas voter and must be eligible to vote and be registered under State law.

Must comply with State laws applying to regular absentee ballots (such as registration requirements, notarization requirements, etc.)

Must have affirmatively requested an absentee ballot in writing and completely filled out request (including signature)

Sent prior to the second (or October) primary elections to all permanent overseas registered voters.

Must comply with all State laws regarding signatures, witness requirements, etc.

Must be postmarked at the APO, FPO or MPO in a foreign country or at a foreign post office.



3. Regular Overseas Ballot

Sent after the second (or October) primary elections to all permanent overseas registered voters and voters requesting an overseas ballot from the county.

Must be an overseas voter and must be eligible to vote and be registered under State law.

Must comply with State laws applying to regular absentee ballots (such as registration requirements, notarization requirements, etc.)

Must have affirmatively requested an absentee ballot in writing and completely filled out request (including signature)

Full ballot with all candidates listed.

Likely would take precedence over any advance or federal ballot also returned.

Must comply with all State laws regarding signatures, witness requirements, etc.
Ballot is designed by the county.

Must be postmarked at an APO, FPO, or MPO in a foreign country or at a foreign post office.


Below are the definitions for points of origin and postmark that are valid for military overseas ballots:

1. APO (Army Post Office) -- A branch of the designated USPS civilian post office, which falls under the jurisdiction of the postmaster of either New York City or San Francisco, that serves either Army or Airforce personnel.

2. FPO (Fleet Post Office) -- A branch of the designated USPS civilian post office, which falls under the jurisdiction of the postmaster of either New York City or San Francisco, that serves Coast Guard, Navy, or Marine Corps personnel.

3. MPO (Military Post Office) -- A branch of a U.S. civil post office, operated by the Army, Navy, Airforce, or Marine Corps to serve military personnel overseas or aboard ships.

4. Military Post Office Cancellation -- A postmark that contains the post office name, state, ZIP Cope, and month, day, and year that the mail xxx was cancelled.


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Protest of Overseas Absentee Ballot


As provided in Section 101.68(2)(c)(2), Florida Statutes. I, as an elector in __________ County, Florida, hereby protest against the canvass of the overseas absentee ballot described below:

County: ____________________________________________________

Precinct: __________________________________________________

The Ballot: ________________________________________________

Name of Voter: _____________________________________________

Address of Voter: __________________________________________

Reason for rejection: ______________________________________




___ Lack of voter signature

___ Lack of affirmative request for absentee ballot

___ Request for absentee ballot not fully filled out

___ Signature on absentee ballot request does not match signature on registration card or on ballot

___ Voter signature on envelope does not match signature on registration card

___ Inadequate witness certification

___ Late postmark (indicate date of actual postmark)

___ Domestic postmark (including Puerto Rico, Guam, etc.)

___ No postmark

___ Voter had previously voted in this election

___ Other




__________________________________

Signature of Person Filing Protest

__________________________________

Print Name


11/15/00

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