Court says keep counting

By LINDA DEUTSCH

Associated Press

TALLAHASSEE, Fla. – Florida’s Supreme Court ruled unanimously Tuesday night that state election officials must accept amended presidential returns as late as Sunday or Monday.

The court ruling means Secretary of State Katherine Harris may not certify the result of the contested election between Al Gore and George W. Bush until that time. The results are due by 5 p.m. Sunday if the Secretary of State’s Office is open for business on that day, or 9 a.m. Monday if it is not.

A statement read by court spokesman Craig Waters did not specify whether – or under what guidelines – manual recounts might continue until the new deadline.

Bush holds a 930-vote lead in the official but uncertified vote tallies from Election Day, with overseas absentee ballots included. Gore has slowly been eating into that lead in recent days as recounts have proceeded at his urging in three Democratic counties.

The decision was a boost for the Gore team.

“We will move forward now with a full, fair and accurate count of the ballots in question,” the vice president said shortly after the ruling was issued. “I don’t know what those ballots will show. I don’t know whether Governor Bush or I will prevail.”

The Bush campaign attacked the ruling in sharp language, with former Secretary of State James Baker alleging the justices had “changed the rules” of the election and “invented a new system for counting the election results.”

Baker made clear he was not ruling out any legal challenges. In addition, he hinted broadly that the Florida Legislature, with both houses under GOP control, might attempt to pass legislation to “affirm the original rules.”

The Legislature is not currently scheduled to meet until next month.

Waters said the decision was based on the court’s long-standing view that “the right of the people to cast their votes is the paramount concern overriding all others.”

The 42-page opinion gives the Gore campaign just five days to overtake Bush’s slender lead.

Waters did not directly address the issue of the recounts in Broward, Palm Beach and Miami-Dade counties. Nor did his brief statement say whether the court had ruled on a Democratic request for the issuance of uniform standards that might guide the local canvassing boards conducting the recounts.

Nor did he say whether the ruling addressed another controversy in the overtime election – the rejection of hundreds of overseas absentee ballots cast by armed forces personnel. Many of them were lacking postmarks and were thrown out late last week as a result of Democratic challenges.

But in the days since, Democrats have retreated under criticism from Republicans and expressed a desire to have as many of these votes counted as possible.

The court issued its ruling less than 30 hours after oral arguments concluded on Monday, a remarkably speedy timetable that was testament to the importance of the dispute.

In legal filings earlier in the day, the Bush lawyers contended the court was “without power” to set standards for the counting of ballots by county canvassing boards.

The issue of what rules should be applied to such things as “dimpled ballots” – those with indentations but not punched through – was raised in oral arguments Monday and also was addressed in the response brief to the court from Gore’s lawyers. Republican Bush’s legal team said it was too late, that the issue should have been raised earlier.

Bush’s lawyers suggested that the court should not even address the issue of a voter’s intent when punching a ballot.

But Al Gore needs the dimples.

With Gore trailing Bush by 930 votes, Democrats are pressuring election officials in three South Florida counties to count dimpled chad ballots as valid votes.

Dimpled ballots are those on which a punch card has a bump, as if someone meant or tried to punch out the perforation to indicate their choice for president.

They are not being counted in Broward or Palm Beach counties. And in Miami-Dade County, some are being counted, some aren’t, depending on whether the local canvassing board members can determine the voter’s intent. Broward is setting the dimpled ballots aside for later consideration. A Palm Beach County judge plans to take up the dimple issue toWday.

Experts in voting behavior say that because the three counties recounting ballots all lean to Democrats, if dimpled ballots are counted, many are likely to favor Gore.

Counting the ballots, dimpled or not, continues to rankle Republicans.

The Bush brief said there was “an extremely tight time frame for consideration of these issues,” suggesting officials had already missed the last deadline for certifying the election in time to allow it to be contested properly.

Bush’s lawyers said state law requires a 22- to 27-day period for candidates to contest certified results, meaning the state should have certified the vote by Monday of this week “at the very latest.”

Florida Gov. Jeb Bush, the Republican candidate’s brother, said he expected a conclusion soon.

“This is going to come to an end, and the rule of law will prevail, and we’ll move on,” he said.

Copyright ©2000 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Customers enter and exit the Costco on Dec. 2, 2022, in Lake Stevens. (Olivia Vanni / The Herald)
Costco stores could be impacted by looming truck driver strike threat

Truck drivers who deliver groceries and produce to Costco warehouses… Continue reading

Two Washington State ferries pass along the route between Mukilteo and Clinton as scuba divers swim near the shore Sunday, Oct. 22, 2023, in Mukilteo, Washington. (Ryan Berry / The Herald)
Ferry system increases ridership by a half million in 2024

Edmonds-Kingston route remains second-busiest route in the system.

Firefighters respond to a 911 call on July 16, 2024, in Mill Creek. Firefighters from South County Fire, Tulalip Bay Fire Department and Camano Island Fire and Rescue left Wednesday to help fight the LA fires. (Photo provided by South County Fire)
Help is on the way: Snohomish County firefighters en route to LA fires

The Los Angeles wildfires have caused at least 180,000 evacuations. The crews expect to arrive Friday.

x
Edmonds police shooting investigation includes possibility of gang violence

The 18-year-old victim remains in critical condition as of Friday morning.

The Everett Wastewater Treatment Plant along the Snohomish River. Thursday, June 16, 2022 in Everett. (Olivia Vanni / The Herald)
Everett council approves water, sewer rate increases

The 43% rise in combined water and sewer rates will pay for large infrastructure projects.

Robin Cain with 50 of her marathon medals hanging on a display board she made with her father on Thursday, Jan. 2, 2025 in Lake Stevens, Washington. (Olivia Vanni / The Herald)
Running a marathon is hard. She ran one in every state.

Robin Cain, of Lake Stevens, is one of only a few thousand people to ever achieve the feat.

People line up to grab food at the Everett Recovery Cafe on Wednesday, Dec. 4, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Coffee, meals and compassion are free at the Everett Recovery Cafe

The free, membership-based day center offers free coffee and meals and more importantly, camaraderie and recovery support.

Devani Padron, left, Daisy Ramos perform during dance class at Mari's Place Monday afternoon in Everett on July 13, 2016. (Kevin Clark / The Herald)
Mari’s Place helps children build confidence and design a better future

The Everett-based nonprofit offers free and low-cost classes in art, music, theater and dance for children ages 5 to 14.

The Everett Wastewater Treatment Plant along the Snohomish River on Thursday, June 16, 2022 in Everett, Washington. (Olivia Vanni / The Herald)
Everett water, sewer rates could jump 43% by 2028

The rate hikes would pay for improvements to the city’s sewer infrastructure.

The bond funded new track and field at Northshore Middle School on Thursday, Oct. 24, 2024 in Bothell, Washington. (Courtesy of Northshore School District)
Northshore School District bond improvements underway

The $425 million bond is funding new track and field complexes, playgrounds and phase one of two school replacements.

The Everett Municipal Building on Thursday, Feb. 29, 2024 in Everett, Washington. (Annie Barker / The Herald)
Everett council approves $111 million construction of sewer project

The Port Gardner Storage Facility, in the works for more than a decade, will help prevent overflows of the city sewer system.

Two students walk along a path through campus Thursday, Aug. 4, 2022, at Everett Community College in Everett, Washington. A group of nearly 20 community groups are planning to study how to make it easier for young people to find jobs. (Ryan Berry / The Herald)
Goal for Everett coalition: Make it easier for young people to find jobs

The organizations hope the months-long process will improve access to resources for young people.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.