What does the Friday decision from Judge Lewis affirming the Secretary of States decision to exclude returns from manual recounts in the certified totals mean?
As an initial matter, this decision likely will not be the last word on the subject. The Florida Supreme Court likely will be asked to address this question in short order. Judge Lewis was considering a point more of administrative law than of election law — did this agency official make a decision that fell within the bounds of the discretion that the law gives to this official? These inquiries typically turn on the question of whether the decision was arbitrary (versus an exercise of reasoned judgment) and appears to be based on a consideration of the relevant factors (versus extraneous or inappropriate considerations). In making these judgments, a court does not substitute its judgment on how it would have resolved the question before the agency. Here, Judge Lewis concluded based “on the limited evidence presented, it appears that the Secretary has exercised her reasoned judgment to determine what relevant factors and criteria should be considered, applied them to the facts and cir
