The view from Florida: legal issues

Ok. First my full disclosure: I did not vote in
this election for several reasons; I am fiscal
conservative, generally a social liberal, an absolutist on free
speech and have some libertarian utopian sympathies. Oh,
and I currently reside in South Florida.

1.
There were of course close to 20,000 double votes for
president in Palm Beach County. In 1996 there were 16,000.
Double votes are common throughout the country every
election: especially in counties with high senile (elderly
to be charitable) populations. It is highly doubtful
that people picked one choice, then realized it was
wrong and picked another...what almost certainly
happened with the double votes is that people thought they
were poking holes for both president and vice
president. When both names on a ticket are printed on a
ballot, voters often make this error. To invalidate an
election because of voter error would require overturning
the national results and put every previous election
in doubt. Sorry, not going to happen.

2. As
for the number of Buchanan supporters: I don't know.
Palm Beach County does have a heavy Jewish population.
Because the Jewish population is so large, there is an
undercurrent of anti-Semitism (especially among the lest
well-off) in the county as well. Apparently, the various
incarnations of the Reformed Party do have about 9,000
registered voters in Palm Beach County so it is not entirely
inconceivable that Buchanan could garner 3800 votes.
Nevertheless, let's assume that there were say 1,000 votes
switched (beyond that, well there's always some voter
error on any ballot, anywhere in the country), assuming
that the overseas ballots come back heavily Republican
(which they almost certainly will), it may well turn out
that Bush will have a final margin of more than 1,000
votes in Florida. Hey, we don't actually know yet who
won the popular vote (probably Gore by something
under 80,000 votes)

3. Legally speaking, there
almost certainly will not be and could not be a revote.
First, to invalidate an election requires gross fraud or
technical error. The threshhold is extremely high. The time
to challenge ballots and procedures is before, not
after, an election. A revote would be fundamentally
unfair as pointed out before...and the result would be
to overturn the outcome; Palm Beach County is
heavily Democratic...put it this way...immense sums of
money would be spent to bus every county resident to
the polls resulting in close to 100% turnout,
resulting in the County having far more weight than it
otherwise would have...even an all-Florida revote would be
unfair, but at least the Republicans could point out that
when the networks early announced for Gore, they may
have discouraged voter turnout in the panhandle among
Republicans. More to the point: any election other than the
one specified in the Constitution (the one on
Tuesday) would probably be unconstitutional, barring
extraordinary circumstances, something which a court simply
would not dare to find here. It is highly doubtful that
a Florida court could actually invalidate a federal
election and declare a revote; and a federal court would
be even less likely to do so. At the Supreme Court
level I think you would find a decision somewhere along
the 9-0, 8-1 line...To declare a revote would be to
announce Gore as the winner (just look at the Palm Beach
demographics...assume that the 2/3 Democrat vote would proceed across
the higher turnout (which it would) and Gore
wins)...a court simply will not find it in the public
interest to overturn an election without fraud, but with
some voter error and basically find for the other
candidate. Short of gross voter fraud, a court won't do
it.

If Gore is not ahead post-recount and the foreign
ballots, he should concede. Same goes for Bush post
recounts in Iowa, Wisconsin and New Mexico (which seems to
be quid pro quo).

Nathan Freeburg

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