The judge did, however offer Ms. Ivie a road map on how to overcome preemption when she amended her complaint.

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Most surprising was the about face that Susan Collins, a Republican Senator from Maine, did recently when she amended her support for fiduciary standard.

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She said the foundation would not file amended tax returns, although directors would be listed on future returns.

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But the judge also ruled that she could not arbitrarily refuse to certify later-amended returns (based on recounts).

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Gore's lawyers argued that Harris did not exercise proper discretion in rejecting manual recounts and that she seemed to have made up her mind before actually seeing the "amended" vote totals from counties conducting manual recounts.

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According to Hopkins, she e-filed a return in January but had a problem and had to file an amended return in April.

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The amended document, obtained by the Associated Press news agency, also says the circumstances of how she ended up in the water are "not clearly established".

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