SENATE AMENDMENT
    Bill No. SCR 2-A   Barcode 874712
    Amendment No. ___
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  Senator Silver moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         Delete everything after the resolving clause
15  
16  and insert:  
17         That the manner in which the Legislature of the State
18  of Florida directs that electors for President and Vice
19  President of the United States of America be appointed in the
20  year 2000 is by appointment by the Legislature of the State of
21  Florida.
22         BE IT FURTHER RESOLVED that the Legislature of the
23  State of Florida appoints as one slate of electors the
24  presidential electors recommended by the state executive
25  committee of the Democratic party to serve following the 2000
26  Presidential Election and appoints as another slate of
27  electors the presidential electors recommended by the state
28  executive committee of the Republican party to serve following
29  the 2000 Presidential Election.
30         BE IT FURTHER RESOLVED that, if for any reason an
31  elector on either slate of electors who is appointed by this
                                  1
    10:47 AM   12/12/00                              s0002Ac-38j01
                                                  SENATE AMENDMENT
    Bill No. SCR 2-A   Barcode 874712
    Amendment No. ___
 1  resolution is unable to serve because of death, incapacity, or
 2  otherwise, the Governor of the State of Florida may appoint a
 3  person to fill such vacancy who possesses the qualifications
 4  required for an elector to have been nominated pursuant to
 5  section 103.021, Florida Statutes.
 6         BE IT FURTHER RESOLVED that each elector for President
 7  and Vice President of the United States appointed by this
 8  resolution shall, before 10 a.m. on December 18, 2000, give
 9  notice to the Governor of the State of Florida that such
10  elector is in Tallahassee and ready to perform the duties of
11  an elector for President and Vice President of the United
12  States, and if it shall be found that any elector of either
13  slate of electors who is appointed pursuant to this resolution
14  is absent, the other electors present from that slate of
15  electors and subject to the provisions of section 103.062,
16  Florida Statutes, shall elect by ballot, in the presence of
17  the Governor, a person to fill such vacancy as may have
18  occurred through the nonattendance of the elector.
19         BE IT FURTHER RESOLVED that on December 18, 2000, each
20  slate of electors appointed as provided in this resolution
21  shall separately meet and cast ballots for the President and
22  Vice President of the United States of America in accordance
23  with the laws of this state.
24  
25  
26  ================ T I T L E   A M E N D M E N T ===============
27  And the title is amended as follows:
28         Delete everything before the resolving clause
29  
30  and insert:
31              Senate Concurrent Resolution No. ____
                                  2
    10:47 AM   12/12/00                              s0002Ac-38j01
                                                  SENATE AMENDMENT
    Bill No. SCR 2-A   Barcode 874712
    Amendment No. ___
 1         A concurrent resolution providing for the
 2         manner of appointing electors for President and
 3         Vice President of the United States; providing
 4         for the appointment of such electors; providing
 5         for the filling of vacancies; providing for the
 6         electors to cast ballots for the President and
 7         Vice President of the United States of America.
 8  
 9         WHEREAS, an election was held in this state on November
10  7, 2000, for the purpose of selecting electors from Florida to
11  cast the state's vote for President and Vice President of the
12  United States of America on December 18, 2000, and
13         WHEREAS, Article II, Section 1 of the Constitution of
14  the United States provides, in pertinent part, that "Each
15  State shall appoint, in such Manner as the Legislature thereof
16  may direct, a Number of Electors, equal to the whole Number of
17  Senators and Representatives to which the State may be
18  entitled in the Congress," and
19         WHEREAS, Section 5 of Title 3 of the United States Code
20  provides:
21  
22         "If any State shall have provided, by laws
23         enacted prior to the day fixed for the
24         appointment of the electors, for its final
25         determination of any controversy or contest
26         concerning the appointment of all or any of the
27         electors of such State, by judicial or other
28         methods or procedures, and such determination
29         shall have been made at least six days before
30         the time fixed for the meeting of the electors,
31         such determination made pursuant to such law so
                                  3
    10:47 AM   12/12/00                              s0002Ac-38j01
                                                  SENATE AMENDMENT
    Bill No. SCR 2-A   Barcode 874712
    Amendment No. ___
 1         existing on said day, and made at least six
 2         days prior to said time of meeting of the
 3         electors, shall be conclusive, and shall govern
 4         in the counting of the electoral votes as
 5         provided in the Constitution, and as
 6         hereinafter regulated, so far as the
 7         ascertainment of the electors appointed by such
 8         State is concerned," and
 9  
10         WHEREAS, Section 2 of Title 3 of the United States Code
11  provides that "Whenever any State has held an election for the
12  purpose of choosing electors, and has failed to make a choice
13  on the day prescribed by law, the electors may be appointed on
14  a subsequent day in such a manner as the legislature of such
15  State may direct," NOW, THEREFORE,
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
26  
27  
28  
29  
30  
31  
                                  4
    10:47 AM   12/12/00                              s0002Ac-38j01