The Register

(RECOUNT LAWSUIT - From the Front Page)


*

Here is the Short-Cut to the front page:

http://www.GeoCities.com/Gordon_Watts32313
A Special NOTE from Gordon: "The Register was kind enough to run this story above and allow me to reprint in here. Below, are some updates and other pertinent info. HOWEVER, let me warn you right now: It might be better for you to look through this page and visit out some of the links that document my strong claims and allegations right NOW! Here's why I suggest this: Below the 'updates' section, here, is where I have a *lengthy* rant-and-rave against some of the lazy, liberal news media - and that section is kind of long. AS WELL, there are LONG and BORING sections of some legal briefs that I submitted to the Courts. The reason for this problem is that AOL's web editor does not allow me to easily put the documenting links anywhere except the very bottom. But, I am leaving in these long sections - as they may be valuable to some people - and the long sections help search engines have more "target" words to see! ~~~ Happy hunting, Big Dog!" ~ ~~~ ~

LATEST UPDATE$$$: ...smile ;-)

* The mandamus proceedings in the Florida Supreme Court: Gordon W. Watts v Fla Dept of State (Div of Elections) and Hon P. Kevin Davey, Trial Court Judge, case no: SC03-385 --- pending on motion for rehearing, based on premature jurisdictional dismissal before jurisdictional arguments were considered

* The appeal proceedings in the Florida 1st District Court of appeal, case no 1D02-5120 Watts v Fla Dept of State, etc. --- pending perfection and disposition on the merits, reply breif submitted a few days ago.

* Court of public opinion: Catch 22, a double standard was applied, with less worthy, loser cases getting press, (e.g.,Tampa Tribune, Nov. 09, 2002:“Ambler Still Faces Election Challenge” ... Tampa Tribune, Oct. 25, 2002: “Suit Tries To Oust GOP Candidate" WFTS-TV-Channel 28 also did a story) --- the result: court will try to "sweep in under the rug" if no NEWS COVERAGE - and no news coverage if the court sweeps me under the rug. (Catch 22- I can't win for losing)

OTHER UPDDATES:

* Jim Bohannon (1-866-50-JIMBO) and his co-host have let me call in at least three times since bringing suit

* Tom Martino (Troubleshooter.com), who used to work for Tampa Bay's "Pulse 13" back when it was CBS-TV, is investigating and has called the governor's office.

* Rob Lorei of WMNF (88.5 FM in Tampa) is very interested in "my" story (actually the state's story) and has promised to read ALL of my lawsuit briefs!

* Other call in programs are on the docket.

* Investigator, Al Gandy of the Leon County State Attorney's Office purchased records from the DCA and attempted to investigate, eventually referring the matter to the Judicial Qualifications Commission (JQC)

* The JQC has investigated Judge Cynthia Holloway for issuing a ruling to help a friend of hers. So, when they claimed they couldn't investigate *my* complaint on grounds that they could only investigate non-legal issues, excluding rulings, I RE-submitted my complaint - under the understanding that if they could uphold the law regarding Holloway's questionable ruling(s), then they could do the same for the illegal ruling of Davey, the judge who illegally refused to hear my case, and then dismissed it in violation of Chapter 102, Florida's state election laws.

* I am asking my State Representatives to look into the JQC's cowardice to act - and, specifically, I am asking that either the House impeach - or that the Governor remove - this judge. I am sure he will be alright and be able to find another job, which is good, because I am not seeking revenge - just justice!

* An unnamed FBI special agent, of the Tallahassee Bureau of FBI, has not promised anything, but did ask me to submit documentation of fraud, which is outlined in the "5120" breif's "Argument I."

PERSONAL

A few media reps have asked me "what do you do for a living?"

Class of 1984, Plant City High School
Class of 1988, United Electronics Institite & Valedictorian!
Class of 2000, FSU, Double Major: Biological and Chemical Sciences: GPA was about 3.310 after I took supplemental classes after my December 2000 graduation, to bring up my GPA and get "specialized training."

I would be looking for a genetics job in my field now, but I was delayed by a serious injury to my hand - and then by these legal problems.

You ask: "Gordon, what do you do for a living?"

My answer: "I work part-time for my father as a gofer, and do legal work, acting as my own attorney - though I am NOT a law student or lawyer. *** I "get paid" in attorney's fees if I win either of my cases against the Florida Department of State's Division of Elections! (Am I worthy of my wages?)

--- the result: The Courts may try to "sweep me under the rug" if no NEWS COVERAGE - and it's HARD to get news coverage if the court sweeps me under the rug. (Becasue, contrary to common sense, the media views a LOT of mistreatment and dismissal or refusal to hear a case as "less" newsworthy than "my day in court" and me losing: Catch 22- I can't win for losing)

Dear International Newspaper:

I have come to realise that the America News Media seems unwilling to give press coverage to a brewing election lawsuit in the State of Florida - which, by the way, was involved in the 2000 Presidential Election Recount Fiasco. (Do you remember?)

In a nutshell, here is the situation:

Florida Law allows taxpayers to "contest" (challenge) an election in much the same way as may be done by a person who is running in the race - and doesn't agree with a decision. A lawsuit was brought by Gordon W. Watts, a Florida voter and taxpayer (and former student of The Florida State University in Tallahassee, Florida), alleging voting irregularities. The suit does not appear to be a "frivolous" lawsuit, but I may not be objective. You see, I'm Gordon Watts, but I must speak up, because "the squeaky wheel gets the grease."

Besides (#1) the laws broken (which are the subject of the lawsuit), (#2) the courts have failed to grant an "immediate hearing," as required by law. (There might be a "federal" investigation for "obstruction of justice," by the court officials involved, but I am "not at liberty" to divulge details - for the obvious reasons. Now, (#3) the news media - the American Press - has failed to report it. (Three Strikes & They're out: As a side note, Am I living in a Communist Country? Well, #1, they don't count the votes all the time; #2, the courts are "kangaroo courts," like in other Communist / Socialist countries, where you can't get a fair trial unless you are rich, powerful, or "know someone" - and #3, The News Media in America is obviously suppressed somewhat, another indication that Amerika, uh, America, is possibly somewhat Communist! - as in the "Communist States of Amerika" = CSA, not USA!) The story - with links verifying my claims - is all below, however, here are some hypotheses to explain the silence of the press lambs:

(a) In the past recount debacle / election dispute, a Republican (George W. Bush) was close to losing, but in this election (a "primary"), both contestants are Democrats. Also, if Janet Reno, the losing contender is deemed the winner in the mandatory machine recount of votes, then the Democratic Party - by most accounts - would have a harder time beating Florida Governor, Jeb Bush - than if Bill McBride remained the nominee. This hints that the American press is left-wing, liberal, and supportive of the democrats. (The Democratic Party, which demanded a "recount" of the 2000 Presidential Election, would be "frozen" if there was a recount in this 2002 Gubernatorial (Governor's Race) Election.) THUS, the Democratic Party Heads probably oppose any "recount," even though this would be siding with the law-breaking Secretary of State's office; also, Liberal elements of American Press probably oppose this move.

(b) The Republicans would also stand to lose because Republican Secretary of State, Jim Smith, was the agency head who failed to order the recount. (He is the replacement to Katherine Harris.) Thus, the Republicans have a motive to "not rock the boat," because they would lose face and appear inept, incompetent. THUS, the Republican Party Heads probably oppose this, as this would embarrass them for their handling of the 2002 Florida Elections Primary.

*However, the Democrats, Republicans, and press are probably less biased that I guessed; and, the last reason is probably the dominant problem:

(c) I am not well-known. Thus, the American press is like the "Paparazzi" news media, chasing after "celebrity," such as Princess Di or any other fameous actor, politician, sports star, or whoever. (I am not "fameous" (probably the British spelling of "famous"), thus some actor coughing or making a goofy remark is "news," and my more legitimate matters do not gain the favour of the news media as more rich or fameous peers. (Is this right?) THUS, American Media are less than enthusiastic about "G.W. Watts."

d. HOWEVER, most citizens who know about this have expressed interest in seeing this story. "You'd be surprised at how much news goes unreported."

One concern is that if the news media does not give this any public coverage, then the courts may continue to refuse to give me a fair hearing, and then - later - if your news investigators want to do a story on it, forget it: it would not be a story then: Like any fruits or vegetables, this story is "ripe" now and may be "rotten" if you wait too long. ***

Immediately below are updates to my Election lawsuit, below, and then right below them is the "original" press release, with web links, verifying most of my claims: Please investigate and do news coverage if it would be possible; I don't mind being interviewed or having my brief or letter here quoted, but that is not required for news coverage.)

UPDATES:

* Atty. Janet Reno called me on the telephone the other day, a fact which can be verified by calling either of my parents - or speaking with my boss or co-workers. This is not news in and of itself, but the fact she called indicates that my lawsuit *is* news.

* I have filed appeals in the 1st DCA (Florida's First District Court of Appeal) and also the Florida's State Supreme court, but I fear the courts will continue to deny hearings, in violation of the State Laws cited in my lawsuit. This would be in addition to the laws broken that are the *subject* of the lawsuit. (Also, I have notified the Dept of Justice, Election Crimes Division by Certified mail, but I fear they will be too slow to act.) ~~Please give this news coverage.~~

Here is the press release - a history of events, primarily in chronological order, starting with the oldest and progressing as time flows:

To: News Media
From: Gordon W. Watts
Subject: Press Release
Date: Tuesday, 08 October 2002

On Thursday, September 19, 2002, I filed a lawsuit in Leon County's Second Judicial CIRCUIT Court, contesting the recent 2002 Florida Democratic Primary Election. –It looks frivolous until you read the “additional grounds to contest,” invoking F.S. 102.168 (3) (and evoking surprise) after the introductory information. Here are the particulars:

Gordon W. Watts, Plaintiff v Florida Dept of State, Defendant
Civil Case Number: 37-2002-CA-002267
Circuit Judge Assigned: Hon. P. Kevin Davey
IN AND FOR THE STATE OF FLORIDA
County of Leon - Second Judicial Circuit Court

RE: My lawsuit against the Florida Dept of State, Division of Elections (in which, if the court rules in my favor, the State would be forced to order the mandatory machine recount of votes, as required by law - and as was done even in the last - botched – election, which had nowhere near the 2,500 lost votes)

Grounds to file: Florida State Statute 102.168 states that: "(1) ...[T]he certification of election...may be contested in the circuit court by any unsuccessful...or by any taxpayer [that's me]..." and "(7) Any candidate, qualified elector, or taxpayer [me] presenting such a contest to a circuit judge is entitled to an immediate hearing [which has not so far been honored]."

"(2) Such contestant shall file a complaint, together with the fees prescribed in chapter 28, with the clerk of the circuit court within 10 days after midnight of the date the last county canvassing board empowered to canvass the returns certifies the results of the election being contested." (I filed immediately after the election was improperly certified.)

Also, I have legal standing to sue, that is damage was done to me by the Division of Elections: I am being denied the right to be able to choose between two candidates who are properly certified as the top vote-getter because the election results are in doubt. I am registered as a Republican voter, but I sometimes cross party lines in the general election, so the illegally certified primary affects me.

Grounds to contest: Contestant Janet Reno requested an automatic recount immediately after the election as allowed by F.S. 102.141 (6) "If the unofficial returns reflect that a candidate for any office was defeated or eliminated by one-half of a percent or less of the votes cast for such office...the board responsible for certifying the results of the vote on such race or measure shall order a recount of the votes cast with respect to such office or measure. A recount need not be ordered with respect to the returns for any office, however, if the candidate or candidates defeated or eliminated from contention for such office by one-half of a percent or less of the votes cast for such office request in writing that a recount not be made."

Secretary of State Jim Smith illegally refused Reno's request because the newly-found votes totaling approximately 2,500 put the difference at about 0.4 percent, less than the one-half percent cutoff. If Reno “formally” conceded (assuming she made her request in writing as required above – not just “verbally” as in recent news interviews), then the State could not be “prosecuted,” e.g., forced under F.S. 102.141 to order a statewide machine recount. However this is a relevant point because this calls into question the integrity of The State of Florida, who willfully violated this statute for a short period of time.

Additional Grounds to Contest: F.S. 102.168 "(3) The complaint shall set forth the grounds on which the contestant intends to...set aside the result of the election...The grounds for contesting an election under this section are:"

"(c) Receipt of a number of illegal votes or rejection of a number of legal votes [those approximately 2,500 votes] sufficient to change or place in doubt the result of the election."

These votes were sufficient to both change and place the "result of the election" in doubt: they narrowed the margin to less than 0.5 percent, which was sufficient to force an automatic recount, a change, and by this definition, also place the result in doubt. Therefore, the relief sought is...

Enforcement of current State Law requires that the State set aside certification of any election whose results are found to be in doubt, according to State Law and Case Law – and the remedy sought would be for the State to Order a Statewide machine recount.

Helpful links are below, but here are some “talking points:”

NOT-BIASED
* I motioned the Florida Supreme Court to order a manual hand-recount of the votes in the 2000 Florida Presidential election, opposing fellow-Republicans at the time – arguing that the results of this election were also in doubt due to the closeness of the margin of victory by eventual winner (for whom I voted), then Gov. George W. Bush (R-TX). Thus, it can not be construed that I am partial or partisan, biased in my request that a mandatory machine recount be ordered, which might overturn candidate McBride’s victory, and which would definitely cause a lot of headaches. (Cause of headaches is not legal basis for not upholding the rule of law.)

EVEN MORE MOVING FORCE TO ORDER RECOUNT
* As mentioned previously, even in the past 2000 election, the statewide machine recount was done, and this election had far fewer problematic votes, much less than the 2,500 or so in this election.

EXTRA TIME – RULE OF LAW
This 2002 election is unique in the fact that is has no primary runoff, so extra time is available to uphold the law. If the rule of law is not upheld, then this decision, like the New Jersey Supreme Court ruling (over Senate candidate, Torrecelli), would send a message that “go ahead and write laws – they will be unenforceable anytime someone doesn’t like them”…if that someone just so happens to be an activist court: The rule of law will have been undermined.

NO MOTIVE
I am not trying to get Florida Governor Jeb Bush an “easy” opponent in the general election. (Polls show Bush more easily defeating Janet Reno than Bill McBride.) Both Bush (in recent interviews) and myself think that Janet Reno would offer a tougher opponent, in contrast to uncertain recent polls.

CURIOUS REACTIONS BY DEMOCRATS AND SOME MEDIA
While liberal Democrats complained vociferously about a “recount” when a potential defeat of a Republican was eminent, it seems odd that there is eerie quite from Democrats now. Hypothesis 1: Democrats don’t want to “rock the boat.” Hypothesis 2: “When Reno merely talked about a lawsuit, this got news media coverage, yet, when a more meritous suit was brought, it was given less attention because the plaintiff, Watts, is not well known.” CONCLUSION: Watts’ suit is just as news worthy, win or lose, or even more so because it has no perceivable flaws in its argument. This apparent bias against non-celebrity (think chasing Princess Di) denies the public of a newsworthy story – and may allow the courts to “sweep this matter under the rug.”

LINKS

Here are those helpful links I promised:
Where you can grab a photo of me:
http://hometown.aol.com/gww1210

Where you can look up the Florida State Statutes that I quote in my lawsuit:
http://www.leg.state.fl.us/statutes/

Where you can look up my current lawsuit in Leon County's Second Judicial Circuit (the judge assigned to my lawsuit is the Honorable Judge P. Kevin Davey)
http://www.clerk.leon.fl.us/

NOTE about above link:
In order to view *my* case, you have to click on "» Search Court Databases," and then you have to "accept" the disclaimer that they put before you. When you have put in your name and hit "continue," you may search for me under: last name "Watts," first name "Gordon," and then you click on my case number... To see some REAL funny stuff, put in "department of state" under "company name," and notice that Pat Buchanan, case number 37 2000 CA 002203, is the third from the bottom, and my case is still "open," on the bottom. (So, I am up there with the "big names”...)

Info about a motion I made in the 2000 election - to count all the votes and remove doubt, etc. (totally unrelated to this case, but interesting nonetheless as an "angle.")
http://www.flcourts.org/pubinfo/election/OrdWatts.pdf

which is an online listing of a motion I made before the Florida Supreme Court to count votes to avoid doubt in Bush's eventual win. However, you may go to the higher directory, http://www.flcourts.org/pubinfo/election/

to see that mention of my brief, the "Order on Watts Amicus" is mixed right in there (near the bottom of the page; use "Edit" and "Find on this page" in Internet Explorer) with other "big" names like "Response to Bush Motion by Gore." I hope that these links are helpful. If you have any questions...

Gordon Wayne Watts
E-Mail: Gww1210@aol.com
A.S., United Electronics Institute (1988), Electronics Technology
B.S., The Florida State University (2000), double major: Biological and Chemical Sciences
Member, Golden Key National Honor Society
Currently residing in: Lakeland, Florida, USA
Web Address: http://hometown.aol.com/gww1210

Random thoughts: “The mouse that roared” – “Watts: ‘The emperor has on no clothes.’” – David v Goliath (2002) – “The defendant is guilty as charged, your honor.” - "I sympathized, but now I empathize and feel it." - "Gordon, you can't fight City Hall!" - "Don't listen to him: One person CAN make a difference." –GW (((PLEASE NOTE: An update to this Press Release follows directly below.)))

**************************************************

Subj: Motions, Certificate of Service
Date: Mon, 07 Oct 2002 17:26:18 -0400
From: Gww1210
To: Gww1210
Cc: DOE@mail.dos.state.fl.us, secretaryofstate@mail.dos.state.fl.us,info@renoflorida.com

IN AND FOR THE STATE OF FLORIDA – County of Leon – Second Circuit Court

Gordon W. Watts, Plaintiff
v
Florida Department of State, Division of Elections, Defendant
_____________________________________________________________/
Civil Case No.: 37-2002-CA-002267
Judge Assigned: Hon. Judge P. Kevin Davey

MOTION OF DISCOVERY
Whereas Florida Statutes 102.168 (7) allows that Plaintiff is due the right of immediate hearing; and, whereas election in dispute is of a time-sensitive nature, therefore Plaintiff hereby motions this court for DISCOVERY of the reasons and justifications of the great time-delay in granting hearing to said Plaintiff.

MOTION TO EXPEDITE
Whereas said election is of a time-sensitive nature, therefore Plaintiff motions court to expedite.

MOTION TO PERFECT
IN SPITE OF Plaintiff’s earnest desire for Defendant to be able to submit an answer brief and have an opportunity to contest allegations brought by Plaintiff and have a robust review by Court, Law, and Public; NONETHELESS, Whereas F.S. 102.168 (6) prohibits Defendant from being granted a hearing in court if Defendant files no answer within 10 days after the complaint has been served; and, Whereas the record clearly reflects that Plaintiff served all parties, Defendant included, both by Postal mail and by telephone FAX, on 19 September 2002, 18 days ago; and Whereas Defendant has had ample opportunity, EVEN considering time delay in Postal mail delivery and notification by Court; and, Whereas proof of delivery of FAX transmissions is evident, THEREFORE, Plaintiff makes motion to Court to PERFECT said case and allow the Contest to be heard on the Merits of the Case.

MOTION TO OPEN COURT PROCEDINGS TO MEDIA
Whereas Florida has “Sunshine Laws,” which generally allow open court proceedings, and Whereas such open Court proceeding would tend to expedite trial and suppress delay, and WHEREAS News Media is highly knowledgeable to this particular matter and attentive, as protected under U.S. Constitutional First Amendment rights of free press, speech, religion, assembly, and redress of government, THEREFORE Plaintiff respectfully motions this Honorable Court to open any and all proceedings of trial and record to news media scrutiny.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was sent to the following parties and by ALL THREE methods mentioned as so noted:

Division of Elections, Department of State:
· By Electronic mail this 07th Day of October 2002: DOE@mail.dos.state.fl.us; and secretaryofstate@mail.dos.state.fl.us
· By Postal Mail to this 07th Day of October 2002: 107 W. Gaines St. The Collins Building, Room 100, Tallahassee, FL 32399-0250
· By FAX to this 07th Day of October 2002: (850) 245-6125, to the Attention of Attorneys, Clay Roberts and Jerry York

Second Judicial Circuit Court, Leon Count Florida, USA:
· By Electronic Post Form on this 07th Day of October 2002: http://www.clerk.leon.fl.us
· By Postal Mail this 07th Day of October 2002: Clerk of the Circuit Court, 301 S. Monroe St., Tallahassee, FL 32301-1803
· By FAX this 07th Day of October 2002: (850) 922-4310

Janet Reno for Governor Campaign:
· By Electronic Mail to this 07th Day of October 2002: info@renoflorida.com
· By Postal Mail to this 07th Day of October 2002: 15495 Eagle Nest Lane, Suite 2002, Miami Lakes, FL 33014
· By FAX to this 07th Day of October 2002: (305) 822-5885; HOWEVER, be it known that the attempt at FAXing to this number resulted in a telephone message of "all lines are busy" or to that effect.

McBride 2002 Campaign:
· By Electronic Post Form on this 07th Day of October 2002: http://www.mcbride2002.com
· By Postal Mail to this 07th Day of October 2002: P.O. Box 300, Tampa, FL 33601
· By FAX to this 07th Day of October 2002: (813) 986-5789

Respectfully submitted,

GORDON W. WATTS, Plaintiff – (address suppressed)
X (see now: my electronic e-mail signature)
"from: Gww1210@aol.com" equals "Gordon Wayne Watts," as certified by America Online, "AOL"
GORDON W. WATTS, PRO SE - DATED: Monday, 07 October 2002
*******************************************************************************************************************

Briefs: Circuit, District, and Florida Supreme Court

Before you view the briefs, here is an exhaustive set of links, including a few extra than mentioned above:

*~~* CONTACT DATA YOU WILL NEED *~~*
The Supreme Court's listing of my breif:
http://www.flcourts.org/sct/clerk/briefs/2003/201-400/03-385_ini.pdf

Previous Supreme Court action, while I was an FSU student:
http://www.flcourts.org/pubinfo/election/OrdWatts.pdf
or
http://news.findlaw.com/cnn/docs/election2000/fsc1121ordwatts.pdf
or
http://www.firn.edu/supct/pubinfo/election/OrdWatts.pdf

Look up Florida Statutes and Constitution:
http://www.flsenate.gov/statutes/

Look up my case that eventually got appealed:
http://www.clerk.leon.fl.us/

Other Court links:
http://www.flcourts.org/sct/clerk/briefs/2003/201-400
and
http://www.flcourts.org/pubinfo/election
and please note that I got top billing here along with others such as Mr. Gore and Mr. Bush!

You may click on http://Gordon_Watts.Tripod.com for a link to my TRIPOD mirror site.

You may click on http://HomeTown.AOL.com/Gww1210 for a link to my *HomeTown - AOL* mirror site.


OK: Here are the briefs that I can squeeze onto this page:

IN AND FOR THE STATE OF FLORIDA
County of Leon – Second Judicial Circuit Court
301 South Monroe Street – Tallahassee, Florida, USA 32301-1803
Circuit Civil Division – P.O. Box 726 – Tallahassee, Florida USA 32302-0726

Gordon W. Watts, Plaintiff
v
Florida Department of State, Division, Defendant
________________________________________/
Civil Case Number: 37-2002-CA-002267
Judge Assigned: Hon. P. Kevin Davey

MOTION FOR DEFAULT JUDGEMENT
WHEREAS Florida Constitution, Article V, SECTION 5 (JUDICIARY, Circuit Courts) vests original authority to exercise jurisdiction in the circuit court, and PURSUANT to Florida Rule of Civil Procedure 1.500(b), which provides as follows: Rule 1.500. Defaults and Final Judgments Thereon * * * “(b) By the Court. When a party against whom affirmative relief is sought has failed to plead or otherwise defend as provided by these rules or any applicable statue or any order of the court, the court may enter a default judgment against such party ; provided that if such party has filed or served any paper in the action, that party shall be served with a notice of the application for default,” and WHEREAS Defendant, Florida Department of State has waived right of hearing under F.S. 102.168 (6) by failing to plead or otherwise defend by failure to file answer brief within ten (10) days, THEREFORE Plaintiff, in the Pro Se, moves this Honorable Court to enter an Order for Default Judgment in favor of Plaintiff to the effect that Defendant is so Ordered by Court to Order the Mandatory Machine Recount of the votes in the election in question.
Respectfully submitted,

GORDON W. WATTS, Plaintiff
(address suppressed)
Lakeland, Florida 33801-2113
Electronic Mail: http://hometown.aol.com/gww1210

____________________________________
GORDON W. WATTS, PRO SE

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was sent in EMERGENCY FASHION by Certified Mail to the following parties this _____ day of ____________, 2002:
* Division of Elections, Department of State - 107 W. Gaines St. The Collins Building, Room 100, Tallahassee, FL 32399-0250 - to the Attention of Attorneys, Clay Roberts and Jerry York
* Second Judicial Circuit Court, Leon Count Florida, USA - Clerk of the Circuit Court, 301 S. Monroe St., Tallahassee, FL 32301-1803
* Janet Reno for Governor Campaign - 15495 Eagle Nest Lane, Suite 2002, Miami Lakes, FL 33014
* McBride 2002 Campaign - P.O. Box 300, Tampa, FL 33601

_________________________________
Gordon Wayne Watts
********************
IN AND FOR THE STATE OF FLORIDA
Lower Tribunal: Second Judicial Circuit Court 301 S. Monroe St., Tallahassee, Leon County, Florida 32301-1803
L.T. Case Number: 37-2002-CA-002267
Judge Assigned: Hon. P. Kevin Davey

Gordon W. Watts,__)___EMERGENCY PETITION__________
__________________)___FOR WRIT OF MANDAMUS________
Plaintiff_________)___TO FLORIDA FIRST DISTRICT___
__________________)___COURT OF APPEAL_____________
__________________)_______________________________
v_________________)_______________________________
__________________)_______________________________
The Florida_______)_______CONCURRENT NOTICE_______
Department________)___________OF APPEAL___________
of State,_________)___IN INTERLOCUTORY FASHION____
__________________)_____OF A NON-FINAL ORDER______
Defendant_________)_______________________________

[Please note that the underline marks, the "___" characters, are included in this online posting to help the spacing seem normal. -Gordon]

NOTICE IS GIVEN THAT GORDON W. WATTS, pursuant to the Constitution of the State of Florida, ARTICLE V Section 4 (JUDICIARY, District Courts of Appeal), petitions this Honorable Court, the FLORIDA First District Court of Appeal, in Emergency Fashion, for issuance of a Writ of Mandamus to Lower Tribunal to wit: (1) to show cause why it has failed to grant an immediate hearing as required by law; and, (2) to order said tribunal to enter an immediate and lawful order pursuant to law as cited in Argument. Plaintiff CONCURRENTLY makes Interlocutory Appeal of the non-final Orders (or more accurately, the lack thereof), in Emergency Fashion, regarding the said Contest before Lower Tribunal.

ARGUMENT
Pursuant to Fla. R. App. P. 9.210(b)(5), Plaintiff states the standard of review: The Florida Rules of Appellate Procedure grant that the District Courts of Appeal may review non-final orders of Circuit Courts as proscribed by Rule 9.130. Additional standards of review are Florida State Statutes: F.S. 102.168 (7), which grants Plaintiff the sovereign right to contest said election, as taxpayer. ~ For the purposes of expediting Contests of Election, which are of, by definition, a time-sensitive nature, is quite clear in the intent of the legislature: Lower Tribunal, Circuit Court is required by law to grant immediate hearing to a contest of election. Lower Tribunal, by not granting any hearing for over one (1) month, has violated said Florida
2
Law as so cited. Lower Tribunal has now aggravated its injury by further failure to enter any ruling, and any ruling contrary to Plaintiff’s Contest would, due to Lower Tribunal’s prior violation of State Law cited in Argument, be suspect.
Let it be noted that Lower Tribunal has not rejected Affidavit of Insolvency (Poverty) of Plaintiff. As such, it is expected that case would not be dismissed or delayed for this reason. It is noted in the Argument of the Contest of election that F.S. 102.168 (5) prohibits rejection in this fashion of any contests due to lack of form so long as the substance and merits of the case are valid cause, which, Plaintiff argues, are. Also, Fla. 1906, Walker v. Parry (40 So. 69, 51 Fla. 344) found that where nothing in the Court’s transcript required settlement within a specified time, it was presumed that item was presented within the time allowed for such a purpose. This suggests a standard was found to allow Plaintiff’s Contest of election to continue in this fashion.
Due to extreme time-delay in the behavior of Lower Tribunal, it is appropriate to further examine case law. The Courts have generally found that when facts are to be considered in administration of statutes, there must be provisions amenable to providing a fair opportunity for all parties (including Plaintiff in this Petition / Appeal) to know time and place of hearings and with appropriate opportunity to be heard in orderly procedure sufficient to afford equal protection under the law in any official action taken under the delegated authority. (Declaration of Rights $$ 1,12. Fla. 1942. McRae v. Robbins, 9 So.2d 284, 151 Fla. 109.) However, even in the event that there is delay due to Lower Tribunal negligence, let it be a matter of this appeal’s record that the delay in the “prosecution” of Defendant, Florida
3
Department of State is, according to the standards set by the Courts, sufficiently excused, where occasioned solely by the official negligence of the referee (Lower Tribunal, in this case), without contributory negligence of the Plaintiff (Gordon W. Watts), especially where no steps were taken by Defendant (Fla. Dept. of State) to expedite the case. (Fla. 1910. Robertson v. Wilson, 51 So. 849, 59 Fla. 400, 138 Am.St.Rep. 128.) Therefore, Plaintiff depends on this Honorable Court to excuse any delay and afford justice to Plaintiff in a timely fashion.

CONCLUSION
THEREFORE, considering also the great time-lapse and time-sensitive nature of said contest, Plaintiff makes EMERGENCY Petition to this Honorable Court for WRIT OF MANDAMUS so stated. Court may, at any time, SUA SPONTE (of its own accord) accept this petition as “Interlocutory Appeal,” worthy of Emergency Petition. THEREFORE, Plaintiff makes formal Appeal to this Honorable Court to Appeal, that this petition for Writ of Mandamus would be considered a CONCURRENT appeal, in Emergency Interlocutory fashion, of this non-final order.

MOTION TO PROCEED WHILE INSOLVENCY STATUS IS CONSIDERED
Whereas Florida Statutes 102.168(5) prohibits the dismissal or even the temporary rejection of brief and/or hearing for lack of or from want of proper form – including, Plaintiff argues, insolvent financial status (poverty) – and WHEREAS said Emergency Petition of a Contest of a State Election is of a time-sensitive nature, THEREFORE Plaintiff moves Court to consider said Emergency Petition while insolvency status is considered before Court.

Respectfully submitted,

GORDON W. WATTS, Plaintiff
yada yada yada... Lakeland, Florida 33801-2113
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Electronic Mail: Gww1210@aol.com

____________________________________
GORDON W. WATTS, PRO SE



CERTIFICATE OF FONT SIZE AND TYPE
Pursuant to Fla. R. App. P. 9.210(a), Plaintiff hereby certifies that standards were met by using the following in typeset: Font Size = 14 ; Font Type = “Times New Roman”

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was sent by EMERGENCY FASHION of Certified Mail to the following parties this _____ day of ____________, 2002:

* First District Court of Appeal – 301 Martin Luther King Jr. Blvd. Tallahassee, Florida, USA 32399-1850

* Division of Elections, Department of State - 107 W. Gaines St. The Collins Building, Room 100, Tallahassee, FL 32399-0250 - to the Attention of Attorneys, Clay Roberts and Jerry York

* Second Judicial Circuit Court, Leon Count Florida, USA - Clerk of the Circuit Court, 301 S. Monroe St., Tallahassee, FL 32301-1803

* Janet Reno for Governor Campaign - 15495 Eagle Nest Lane, Suite 2002, Miami Lakes, FL 33014

* McBride 2002 Campaign - P.O. Box 300, Tampa, FL 33601



_________________________________
Gordon Wayne Watts

Supreme Court of Florida

IN THE Second Judicial Circuit Court – Leon County – Florida
Lower Tribunal Case Number: 37-2002-CA-002267
Presiding Judge: Hon. P. Kevin Davey

Gordon Wayne Watts,***)***IN EMERGENCY FASHION:***
Plaintiff*************)***************************
v.*********************)*****NOTICE OF APPEAL*****
The Florida Department*)**************************
Department of State,**)******OF A NON-FINAL******
Defendant**************)**************************
***********************)**********ORDER***********

[Please note that the asterisks, the "***" characters, are included in this online posting to help the spacing seem normal. -Gordon]

NOTICE IS GIVEN that Gordon W. Watts, Plaintiff/Appellant, appeals to the Florida Supreme Court, the order of this court – or most accurately, the lack of any order – so rendered upon its receipt of the case on Thursday, 19 September 2002. The nature of the order is a non-final order to do absolutely nothing, in stark violation of statutes as so stated in argument.

ARGUMENT
Pursuant to Fla. R. App. P. 9.210(b)(5), Plaintiff states the standard of review: Fla. R. App. P. 9.030 (a)(2)(A)(v), which grants the Florida Supreme Court discretionary jurisdiction of decisions of district courts – as this matter is being concurrently appealed to the First District Court of Appeal – concerning cases that pass upon a question certified to be of great public importance; and, Fla. R. App. P. 9.030 (a)(2)(B)(i), which allows for the Florida Supreme Court to review of orders of trial courts, such as the Circuit Court referenced in the heading, certified by the district court of appeal in which the appeal is pending (it is) and require immediate resolution by the Supreme Court and are of great public importance. This statement is not meant to construe that any District Court of Appeal has certified this lower tribunal ruling, but that option is pending. Additional standards of review are Florida State Statutes, as follows: F.S. 102.168 (7), which grants Plaintiff the sovereign right to contest said election, as taxpayer. ~ For the purposes of expediting
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Contests of Election, which are of, by definition, a time-sensitive nature, is quite clear in the intent of the legislature: Lower Tribunal, Circuit Court is required by law to grant immediate hearing to a contest of election. Lower Tribunal, by not granting any hearing for over one (1) month, has violated said Florida Law as so cited. Lower Tribunal has now aggravated its injury by further failure to enter any ruling, and any ruling contrary to Plaintiff’s Contest would, due to Lower Tribunal’s prior violation of State Law cited in Argument, be suspect.
Let it be noted that Lower Tribunal has not rejected Affidavit of Insolvency (Poverty) of Plaintiff. As such, it is expected that case would not be dismissed or delayed for this reason. It is noted in the Argument of the Contest of election that F.S. 102.168 (5) prohibits rejection in this fashion of any contests due to lack of form so long as the substance and merits of the case are valid cause, which, Plaintiff argues, are. Also, Fla. 1906, Walker v. Parry (40 So. 69, 51 Fla. 344) found that where nothing in the Court’s transcript required settlement within a specified time, it was presumed that item was presented within the time allowed for such a purpose. This suggests a standard was found to allow Plaintiff’s Contest of election to continue in this fashion.
Due to extreme time-delay in the behavior of Lower Tribunal, it is appropriate to further examine case law. The Courts have generally found that when facts are to be considered in administration of statutes, there must be provisions amenable to providing a fair opportunity for all parties (including Plaintiff in this Petition / Appeal) to know time and place of hearings and with appropriate opportunity to be heard in orderly procedure
3
sufficient to afford equal protection under the law in any official action taken under the delegated authority. (Declaration of Rights $$ 1,12. Fla. 1942. McRae v. Robbins, 9 So.2d 284, 151 Fla. 109.) However, even in the event that there is delay due to Lower Tribunal negligence, let it be a matter of this appeal’s record that the delay in the “prosecution” of Defendant, Florida Department of State is, according to the standards set by the Courts, sufficiently excused, where occasioned solely by the official negligence of the referee (Lower Tribunal, in this case), without contributory negligence of the Plaintiff (Gordon W. Watts), especially where no steps were taken by Defendant (Fla. Dept. of State) to expedite the case. (Fla. 1910. Robertson v. Wilson, 51 So. 849, 59 Fla. 400, 138 Am.St.Rep. 128.) Therefore, Plaintiff depends on this Honorable Court to excuse any delay and afford justice to Plaintiff in a timely fashion.

CONCLUSION
THEREFORE, considering also the great time-lapse and time-sensitive nature of said contest, Plaintiff makes EMERGENCY Petition to this Honorable Court for Appeal of the non-final order so stated. Court may, at any time, SUA SPONTE (of its own accord) accept this petition as “Writ of Mandamus,” to show cause why Lower Tribunal has failed to act and so order the Lower Tribunal to enter a speedy and lawful decision. THEREFORE, Plaintiff makes formal Appeal to this Honorable Court to Appeal, that this petition for Writ of Mandamus would be considered a CONCURRENT Emergency Petition regarding this non-final order.

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MOTION TO PROCEED WHILE INSOLVENCY STATUS IS CONSIDERED
Whereas Florida Statutes 102.168(5) prohibits the dismissal or even the temporary rejection of brief and/or hearing for lack of or from want of proper form – including, Plaintiff argues, insolvent financial status (poverty) – and WHEREAS said Emergency Petition of a Contest of a State Election is of a time-sensitive nature, THEREFORE Plaintiff moves Court to consider said Emergency Petition while insolvency status is considered before Court.

Respectfully submitted,

GORDON W. WATTS, Plaintiff
lives in: Lakeland, Florida 33801-2113
Electronic Mail: Gww1210@aol.com

____________________________________
GORDON W. WATTS, PRO SE

CERTIFICATE OF FONT SIZE AND TYPE
Pursuant to Fla. R. App. P. 9.210(a), Plaintiff hereby certifies that standards were met by using the following in typeset: Font Size = 14 ; Font Type = “Times New Roman”

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was sent by EMERGENCY FASHION of Certified Mail to the following parties this _____ day of ____________, 2002:

* Supreme Court of Florida – 500 Duval Street – Tallahassee, Florida, USA 32399
* First District Court of Appeal – 301 Martin Luther King Jr. Blvd. Tallahassee, Florida, USA 32399-1850
* Second Judicial Circuit Court, Leon Count Florida, USA - Clerk of the Circuit Court, 301 S. Monroe St., Tallahassee, FL 32301-1803
* Division of Elections, Department of State - 107 W. Gaines St. The Collins Building, Room 100, Tallahassee, FL 32399-0250 - to the Attention of Attorneys, Clay Roberts and Jerry York
* Janet Reno for Governor Campaign - 15495 Eagle Nest Lane, Suite 2002, Miami Lakes, FL 33014
* McBride 2002 Campaign - P.O. Box 300, Tampa, FL 33601

_________________________________
Gordon Wayne Watts

Additional Thoughts:

I try not to overemphasize any one aspect in order to be balanced. But everything has a place, and a place for everything. * And be sure to check out my links below. *

Additional Thoughts:

SPIRITUAL
* God made us: if even we can't create life, then is sure can't make itself.
* If God made us, then he can repair us even more easily: One that creates life de novo (from nothing) *must* be intelligent.
* Jesus is savior, but not from dying on a cross (lots of people died on a cross) - not from raising from the dead (lots of people rose from the dead, Lazarus included) - but JESUS is Savior because ONLY He could live a 100% perfect life, which was necessary to show us by example that we too could live a normal life.
* We don't get saved by doing good works; We can do good works by being saved - and we can get saved by asking. (To as many as were called of God and said "yes," that many were saved.)

ROMANTIC
Studies show that a man and woman can have a stronger long-term relationship (marriage) is they are similar in personalities, beliefs, and hobbies. Don't take my word for it - do your own research.

FINANCIAL
a. Work
b. Get Paid
c. Invest Wisely
d. CELEBRATE because you reap the harvest of what you sow

PHYSICAL
Generally, health is affected by eating, sleeping, exercise, and stress, but here are some less well-known facts about diet:

Cows milk is not good for human health. Here are some problems:

(1) To begin with: common sense tells us that if humans (example: athletes) incur health problems from taking human growth hormone, then cows will do the same when taking bovine (cow) growth hormone -- a bad trade-off for the increase in milk output sought. REMEMBER: we know even
hormones EXACTLY like the body produces are harmful in excess. THIS IS HARMFUL FOR THE COWS!! (2) This causes unhealthy cows and unhealthy milk, made even worse by pesticides and other chemicals used near the cows. (I admit that *I* was surprised when someone told *me* that milk was bad for the health!) However, I investigated, and here is a synopsis of what I found out.)

(3) Even 'natural' milk is hard for humans to digest because we don't have cow enzymes nor several stomachs like cows. Even cows don't drink milk in adulthood yet are healthy, so why should we. Furthermore, we homogenize and pasteurize the milk, which has some negative effects,
discussed in more detail in studies done on the subject. Countries with high milk consumption - like America and Britain - have high rates of Osteoporosis - the bone disease - as well as increased rates of cancer and heart disease.

(4) In addition to being inefficient (it takes about 1,000 calories of grass, feed, and fertilizer to make 100 calories of milk), it is also harmful. The research I did found that MANY SCIENTIFIC STUDIES (not 'popular' magazines) showed that there is a STRONG correlation between milk usage and many (very many!) diseases. In fact, if I drink a lot of milk, my mouth gets watery and slimy, and I am not even lactose intolerant!

In short, it is cheaper and healthier to get calcium and protein from vegetables and fruits -- even if you have to add in a little multi-
vitamin/mineral supplements. And, the calcium from non-animal sources is easier to assimilate. Just think about it for a second: Can you take
1,000 calories of grass and get 2,000 calories of milk?: Here's a hint: [BIOLOGICAL SCIENCE 5TH EDITION by KEETON & GOULD: (ISBN: 0-393-96223-7)
"...[O]nly a fraction of the energy at one trophic level can be passed on to the next. This fraction varies from a high of about 35 percent for the most efficient ... to below 0.1 percent..." p.1156; and, "Given the inefficiency of the energy transfer from one trophic level to the next, it might seem that the earth could support more humans if we all stopped being omnivorous, and lived on a wholly vegetable diet instead of the combined animal and vegetable diet..." p.1157. PS: Some of the scientific correlations might frighten you, because, sometimes correlation DOES mean causation! Therefore...

For more details, either research the matter yourself, or peruse my friend, Robert Cohens'
site here, http://www.NotMilk.com

Gordon Wayne Watts

My Interests - Oh, Yeah: - - -
Aw, heck. I enjoy chillin' 'n' watching TV. Doesn't everybody like to laze back just a little?

Web Wizard - Not a Gizzard - Cold Blizzard??? -
Call "Flash" Gordon "Gecko Lizard!" !

Now, say it real Fffast...:
Wizard - Lizard - Gizzard - Blizzard - Wizard - Lizard - Gizzard - Blizzard - Bbrrr... Cccoollldd...

Gordon Watts
http://HomeTown.AOL.com/Gww1210

*******************************

My Favorite Links

Fla Laws LOOK-UP
Leon Cty COURTHOUSE
My Online Brief - FLA Supreme Ct.
Click on http://HomeTown.AOL.com/Gww1210 for a link to my AOL mirror site.
Click here for a link to the Register's Front Page in *GeoCities*.

The Register: Gordon W. Watts tells of *current* Florida Elections Violations

--G_W__Watts

OK, folks: Here's how I get so highly listed in search engines - I put in the following meta tags in both the HTML and also the text here, in index.html: META HTTP-EQUIV="Keywords" CONTENT="Florida, State, Government, Florida State, State Government, Florida state government, Fla, Fla State, Fla state government, State of Florida, Federal, Federal Government, Politics, Politic, political, party, parties, political party, political parties, committee, committees, political committee, political committees, Elections, Election, Florida Elections, Florida Election, Fla Elections, Fla Election, Florida vote, Fla vote, Florida votes, Fla votes, vote, votes, voted, voting, voter, Voter Registration, Election Rule, Election Rules, Florida election rule, Florida election rules, Fla election rule, Fla election rules, Rule of Law, Law, Laws, Election Law, Election Laws, Florida Election Law, Florida Election Laws, Fla Election Law, Fla Election Laws, Election Code, Election Codes, Florida election code, Florida election codes, Fla election code, Fla election codes, Elections commission, Elections commissions, Florida elections commission, Florida elections commissions, Fla elections commission, Fla elections commissions, Election commission, Election commissions, Florida election commission, Florida election commissions, Fla election commission, Fla election commissions, commissioners, commissioner, election decision, election decisions, elections decision, elections decisions, Florida election decision, Florida election decisions, Florida elections decision, Florida elections decisions, Fla election decision, Fla election decisions, Fla elections decision, Fla elections decisions, fraud, election fraud, Florida election fraud, Fla election fraud, elected, officials, elected officials, Florida Campaign Finance, Florida Campaign Finances, Fla Campaign Finance, Fla Campaign Finances, Campaign Finance, Campaign Finances, campaign finance information, Public Campaign Finance, candidate, candidates, executive committee, executive committees, major party, major parties, minor party, minor parties, qualifying, campaign, treasurer's reports, contributions, contribution, expenditures, expenditure, Initiatives, Initiative, Constitution, Florida Constitution, Fla Constitution, Constitutional Amendment, Constitutional Amendments, Governor, Governors, Jeb, Bush, Jeb Bush, Governor Bush, Governor Jeb Bush, Florida Governor, John Ellis Bush, Governor John Ellis Bush, President, Presidents, George, George Bush, President Bush, President George Bush, President George W. Bush, US President, U.S. President, US President , U.S. President , George Walker Bush, President George Walker Bush, Reno, Janet Reno, McBride, Bill McBride, William McBride, William Bill McBride, Jones, Daryl Jones, Gubernatorial, Primary, Gubernatorial Primary, Supreme Court, Florida Supreme Court, Fla Supreme Court, US Supreme Court, United States Supreme Court, U.S. Supreme Court, Administrative Code, Administrative Weekly, Div of Elections, Division of Elections, opinion, Opinions, Administrative Rule, Administrative Rules, Election Calendar, Election Calendars, whistle blower, whistle blowers, Register, The Register, gw, g w, gordon, wayne, watts, gordon watts, gordon w watts, gordon wayne watts, gw watts g w watts"
META HTTP-EQUIV="Description" CONTENT="More FLA Elections Problems: Lakeland voter and long-time Republican, Gordon Watts, upholds the 'Rule of Law' in Florida by way of a 2002 lawsuit, which demands that the State of Florida comply with and enforce the state law requiring a recount when a candidate is defeated by less than one-half percent - even if that candidate is liberal Democrat, Janet Reno. Watts is suing the State Department for a recount - and attorney's fees - in two current and pending lawsuits, one of which is before the state's Supreme Court."
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***** -LINKS TO EXPLORE MY SITE- *****

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--G_W__Watts

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