You are right about the legal issues. There is
even a 1974 case, Nelson v. Robinson, which is almost
entirely on point. In fact it dismantles Gore's case.
Thank goodness for lexis.com.
It's ultimately an
issue of estoppel, or waiver. Democrats in the county
designed the ballot. The notified everyone of it. They
used it in the election. Now, when the election
doesn't go their way, they backtrack? They put forward
the ballot, knowing everyone would rely on it. Now
they've got to suck it up and move on.
My legal
two cents.