TALLAHASSEE—Today, a point of order was raised that under House Rule 5.10 (a) [1], a concurrent resolution cannot be used for the purpose of selecting electors for the President and Vice President of the United States.

The question is difficult and was carefully studied by House attorneys, to filing of the Resolution. The contested 2000 presidential election in Florida has raised many unprecedented questions for the court and historians. As a result of these studies, however, it is clear that creating the manner of appointment, and making the appointments directly, are both matters of procedure. This action, as well is analogous to ratification of amendments to the United States Constitution.

Appointment is not the creation of a law. It is merely the naming of those who will choose the person to execute the laws of the United States pursuant to Article II of the federal constitution. Since the appointment has no direct substantive impact, it is logical to conclude that it is procedural. The rule specifically addresses ratification of federal amendments, which, like appointment of electors, is a grant of federal power that is exercised by an expression of the will of the Legislature, as representatives of the people. The rule also incorporates communications to the judiciary. This is, in reality, a communication to the United States Government of the identity of Florida's electors.