Edging toward Crisis

[Bryan Wildenthal]

Thanks yet again to Michael for his invaluable on-the-scene reporting and
local knowledge.  I hope the facts he describe get more attention and wide
understanding.  For example, as a Gore partisan, I was quite worried that
Bush would benefit from a Duval County recount; I had no idea that a recount
there might actually favor Gore.  This all suggests that the partial hand
recount now proceeding is the fairest possible resolution under the
circumstances, and that Bush does not have a leg to stand on in complaining
about it.  I just wish the Gore campaign would dignify itself by committing
to accept the results of the hand recount, however extensive it is.

> -----Original Message-----
> From: Michael MASINTER [mailto:masinter at NOVA.EDU]
> Sent: Monday, November 13, 2000 2:28 PM
> To: CONLAWPROF at listserv.ucla.edu
> Subject: Re: Edging toward Crisis
>
>
> Though I agree that a statewide manual recount eliminates the
> perceived
> unfairness of selective recounts, the Tallahassee Democrat
> reports today
> that the Bush campaign is just as opposed to manual recounts
> in counties
> it won as in counties it lost.  A summary of the article,
> which is not on
> line, follows:
>
> There are actually 11 different voting technology systems
> used in Florida,
> ranging from the virtually fool-proof low tech old-fashioned
> hand count in
> Union County to the virtually fool-proof super-high-tech
> system in Leon
> County, with many error prone systems in between.  Only 26 Florida
> counties use punch card systems, basically a 1950s vintage
> technology that
> many big counties do not want to replace because of the cost
> of upgrading
> to what we have in Leon county, which will give a perfect
> total first time
> and the same total the next hundred or thousand times.  That
> is why nobody
> wants a recount here in Tallahassee.
>
> Bush does not want recounts where he won either.  For
> example, he won by a
> landslide in Duval County.  There are 22,000 machine-rejected
> ballots, but
> they are mostly from black precincts, so Bush would just as
> soon forget
> it. Gore won't do anything there because the local officials are so
> hostile that there would be no cooperation.
>
> Michael R. Masinter                     3305 College Avenue
> Nova Southeastern University            Fort Lauderdale, Fl. 33314
> Shepard Broad Law Center                (954) 262-6151
> masinter at nova.edu                       Chair, ACLU of
> Florida Legal Panel
>
> On Mon, 13 Nov 2000, Bryan Wildenthal wrote:
>
> >
> > By the way, let me go on record favoring a statewide
> heavily scrutinized
> > manual recount throughout Florida, with any deadlines
> waived as necessary,
> > to go the extra mile to ensure that no one feels cheated
> (though it's
> > entirely Bush's fault not to have timely requested a manual
> recount in any
> > counties he wished to, and Bush's complaints about manual
> recounting in
> > general, while not totally lacking in merit at a
> theoretical level, are
> > basically just complaints about established Florida law --
> and indeed
> > established Texas law).
> >
> > Bryan Wildenthal, Thomas Jefferson School of Law
> >
> > > -----Original Message-----
> > > From: Stephen M. Griffin [mailto:sgriffin at LAW.TULANE.EDU]
> > > Sent: Monday, November 13, 2000 12:02 PM
> > > To: CONLAWPROF at listserv.ucla.edu
> > > Subject: Edging toward Crisis
> > >
> > >
> > > I've seen a lot of posts to lists and op-eds suggesting that
> > > the Fla. courts
> > > will provide a decent way out of the election mess by
> letting the hand
> > > recounts go forward or even ordering a Palm Beach revote
> > > (e.g.,Tribe's op-ed
> > > in Sunday NYT).  To me, such arguably reasonable
> legalistic proposals
> > > demonstrate a fundamental lack of appreciation for the
> > > Republican position.
> > >
> > > The Bush position is that we won.  We won the initial
> > > reported vote and the
> > > automatic recount.  Absentee ballots have already at
> least partly been
> > > counted and, in any case, won't change anything.  We've
> > > already won.  The
> > > only legitimate course for Gore is to concede.
> > >
> > > Among other things that might be said, this position is a
> > > clear signal to
> > > every loyal Republican office holder in Florida to make sure
> > > that the hand
> > > recounts are not allowed to interfere with the timely
> > > certification of the
> > > state's votes and the delivery of its electors to Bush.
> Fla. (Rep.)
> > > election officials will therefore not allow any hand count
> > > tallies unless
> > > submitted before 5 pm tomorrow which is impossible.  So no
> > > hand counts will
> > > be allowed to affect the election results unless by state
> > > court order.  But
> > > the Bush camp has already laid the foundation for a claim of
> > > illegitimacy
> > > even if the state courts so rule.  Their orientation is
> clear in the
> > > statements coming out over the weekend.  George Will talks of
> > > Gore's coup
> > > d'etat.  Bob Dole says the election is over.  One could argue
> > > that legally,
> > > the Gore forces have the momentum, but the Bush camp has far more
> > > bloody-minded determination.  If state courts support the
> > > hand recount and
> > > delay certification, the extreme reaction to this by the Bush
> > > camp could
> > > push the situation toward a const. crisis.  We are partway
> > > there already.
> > >
> > >
> > > Stephen M. Griffin
> > > Tulane Law School
> > > 6329 Freret Street
> > > New Orleans, LA 70118
> > > (504) 865-5921
> > > sgriffin at law.tulane.edu
> > >
> >
> >
>