The FSC says that since the legislature, which has sole authority over naming electors, allowed citizens to vote on electors, then they also let the judges resolve Presidential election conflicts. Everyone recognizes that the judges can decide/overturn etc. normal elections. Can the legislature constitutionally give up its authority over a Presidential election to the judiciary?
I would suspect that the legislature can give its Presidential authority to citizens since they are not part of the executive/judiciary/legislature. But any disputes over Presidential election would have to be settled by the legislature, not the judiciary, in order to preserve speration of powers. How do Consitutional authorities interpret this?
I’ll take a crack at this, but don’t be surprised if someone who’s better informed corrects me.
It’s the function of the Florida Legislature to enact the law, but once enacted, it’s the duty of the Florida executive to administer the law. It’s the duty of the Florida courts to interpret the law, if there is an ambiguity in its wording, and to resolve a “case or controversy” that arises under that law. In doing so, the Florida executive and courts are implementing the law passed by the Legislature.
That’s not an improper delegation by the Florida Legislature, but just the way the separation of powers works. If the Legislature disagrees with the way the executive has administered the law, or the way the courts have interpreted it and resolved disputes under it, then the Legislature can change the law.