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Glossary

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Terms relevant to Monday’s Supreme Court hearing on the case:

* 166--Florida Statute 102.166, which grants to candidates and voters the right to protest an election before its results are certified.

* 168--Florida Statute, 102.168, which grants to candidates, voters and taxpayers the right to contest the certified results of an election through the Circuit Court system.

* Article II--In the U.S. Constitution, this section establishing the presidency grants state legislators the authority to select the manner in which their state’s presidential electors are appointed.

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* Beckstrom vs. Volusia County Canvassing Board--A 1998 Florida Supreme Court case in which a losing candidate for sheriff unsuccessfully contested the election by alleging fraud in the counting of absentee ballots.

* Boardman vs. Esteva--A Florida Supreme Court case from 1975 in which the losing candidate for a judgeship unsuccessfully contested the election and sought to disqualify absentee ballots.

* De novo--Literally, “anew’, or allowing an appellate court to independently determine a case based on arguments and evidence presented, as if the case had never been heard and decided by a lower court.

* Due Process Clause--This clause of the 14th Amendment of the U.S. Constitution protects basic rights, including the right to vote. Bush’s attorneys assert that the Florida Supreme Court violated due process.

* Equal Protection Clause--Also in the 14th Amendment, it prohibits the government from treating similarly situated individuals differently without substantial justification. At issue here is whether hand recounts give unequal electoral power to some voters.

* Judicial Review--This principle is not specifically mentioned in the Constitution but was established in an 1803 case. It allows courts to review decisions from other branches of government.

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* McPherson vs. Blacker-An 1892 case in which the U.S. Supreme Court upheld the Michigan Legislature’s decision to allocate electors by district rather than by statewide popular vote.

* Overvote--On a ballot, when too many candidates are selected for a single office, disqualifying the voter’s selection for that office.

* Safe harbor--Something, such as a statute, that provides protection, such as from a penalty. In this case, a state can shield its slate of electors from legal challenges if the electors are certified by today.

* Sub silentio-Literally, “under silence’; without any notice being taken. Passing something sub silentio may be evidence of consent.

* Title 3, Section 5--This section of the United States Code states that election disputes must be settled in accordance with laws enacted before election day.

* Undervote--On a ballot, when machines detect no selection for an office.

* Williams--A reference to a 1929 case, Nuccio vs. Williams, in which the Florida Supreme Court ruled that contested elections are a judicial matter.

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Compiled by MASSIE RITSCH/Los Angeles Times

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Sources: Black’s Law Dictionary, 4TH revised ed.; The Oxford Companion to the Supreme Court of the United States; Merriam-Webster’s Dictionary of Law; Webster’s New World Dictionary, 3rdCollege ed.

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