Alleged chicanery

[Paul Finkelman]

Fair enough; and so I will return to Michael's question of some days
ago.  You asked how would we "prove" that there had been confusion among
voters; at the time no one knew the extent of the double voting for
president and the extent of the spoiled ballots.  Now that we do know
that it was very large, does that, in-and-of- itself not raise a
presumption, which a court should investigate?  And, second, do the
voters -- not the candidates -- have an equal protection and due process
right to a clear ballot that they can understand and vote, with the
expectation that their votes will be counted?

I do not, by the way, think a revote in the country will give Gore
Flordia; my guess is that a revote will have a lower turnout that
before, and that Gore, even if he wins a gerater % of thevotes will have
fewer total vote; but then Bush can take office without the cloud of an
"unfair" or "stolen" election; if I were a Democratic top official,
which I am not, I would accept the outcome and use it to make the case
for the corrupt Republicans, led by two Govs. Bush who stole the electon
in Florida.  With Gore having the popular vote, and an odd co-alition of
old white and Jewish folks  along with Blacks screaming the election was
stolen, it will resonate well in much of the country.  The Dems. then
take Congress big in the mid-term elections and sweep into the White
House in 2004, as Andy Jackson did.  A revote would avoid this, and
probablay put Bush in the White House.  But, it would make the process
fair.

Michael McConnell wrote:

>  I have not questioned Paul's motives, but only suggest that all of us
> confine our discussion to the facts. Michael McConnell
> University of Utah College of Law
> 332 South 1400 East Rm. 101
> Salt Lake City, UT 84112

--
Paul Finkelman
Chapman Distinguished Professor
University of Tulsa College of Law
3120 East 4th Place
Tulsa, Oklahoma  74104-2499

918-631-3706 (office)
918-631-2194 (fax)

paul-finkelman at utulsa.edu

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