1. If legal “overvotes” according to the Florida Vote Standard but were rejected by machine and not corrected had been counted, there were more than enough such legal Gore votes that were not counted to make Gore the winner. (these were known about but not counted)

 

2. The entire Bush margin was made up of handcounted votes that Katherie Harris allowed for Republican counties but not for Democratic counties.

 

3. Republican election officials knowingly purged thousands of legal minority voters, for no valid reason other than minority voters were highly likely to vote for Gore. 

 

4. Republican election officials did not process large numbers of new voters registered by black universities and colleges and by the Florida Motor Voter program,  voters much more likely to vote for Gore.

 

5. Over a thousand votes of the Bush margin were made up of votes that were illegally allowed  by election officials to be manipulated by Republican operatives in Martin and Seminole counties (Democrats did not have similar chance).

 

6. Spoiled ballots were primarily due to systematic problems in equipment and the election process, not due to characteristics of the voter such as education level or literacy.  Minorities were more likely to have to vote on machines that were less reliable and had a larger percentage of spoiled ballots than other voters.   Minorities were systematically discriminated against by the Florida election process.

 

C.   Analyses after the election determined that if Florida had had reliable equipment and a fair election, where large numbers of legal minority voters were not excluded from voting Gore would have won by at least 40,000 to 50,000 votes.

(see documentation)

 

(the Supreme Court decision in Bush vs Gore was not based on constitutional principals or issues)

 

Documentation that Gore won the 2000 election

 

http://www.legitgov.org/index_hot_April5.html

 

 

*******************************************************

From Miami Herald Recount Study:

Q: In December, The Herald published a statistical analysis of overvotes and undervotes that suggested that in a flawless election Al Gore would have won by 23,000 votes.  Did I hear the margin is now larger?

A: While it is clear that 97 percent of the state's overvote ballots could not be legally counted, there are clues that suggest that at least some of them were mistakes by people who intended to cast votes for either Bush or Gore. While speculation of how those people really meant to vote is just that, speculation, 46,000 more people marked Gore on their overvoted ballots than marked Bush.

                                    http://www.miami.com/herald/special/news/flacount/docs/053048.htm

(now achived)

 

 

Published Friday, May 11, 2001

`OVERVOTES' LEANED TO GORE

But to win, he needed help of dimpled ballots or consideration of the thousands of legal democratic voters purged from the roles and not allowed to vote by the State Elections Office.

BY MARTIN MERZER mmerzer@herald.com

Democrat Al Gore might be president today if Florida's ``overvotes'' had been examined and counted -- but only if dimples on ``undervote'' ballots were accepted as valid votes, the first statewide review of overvotes shows.

Republican George W. Bush still would have prevailed -- even with the overvotes tabulated -- if undervotes had been counted under more restrictive standards, the review indicates.

The review, conducted by The Herald, its parent company, Knight Ridder, USA Today and several other newspapers, also shows that Gore's name was marked on overvotes far more often than Bush's name -- fodder for Democrats who insist that most Floridians intended to vote for Gore.

Overvotes are ballots rejected by counting machines because they show more than one vote for president. Undervotes are ballots without presidential votes detected by counting machines.

The findings produce an ambiguous conclusion to an unprecedented effort to examine more than 176,000 untabulated ballots in Florida's disputed presidential election.

VIRTUAL TIE

The bottom line: After study and analysis of 111,261 overvotes and 64,826 undervotes, the agonizingly tight 2000 presidential election still ends in a virtual tie. (unless legal overvotes which were mostly for Gore were counted-see below).

And the outcome still depends on the standard used to gauge undervotes.

Gore wins narrowly under two undervote standards, by margins of 332 and 242 votes; Bush wins narrowly under two other undervote standards, by 407 and 152 votes. All are closer than Bush's official 537-vote margin.


And so, the new analysis of the election intrigued or irritated political partisans Thursday, depending on their point of view.


``These numbers certainly back up our feeling that more people turned out to vote for Gore than for Bush,'' said Doug Hattaway, a former Gore campaign spokesman. ``It's just a shame the system didn't count those votes properly. It's hard not to cringe when you think about the possibilities.''


Speaking for the Republicans, former Montana Gov. Marc Racicot said he never feared ballot reviews by the media.

``So what has changed?'' Racicot said. ``I always believed we would come to the same conclusion at the end as at the beginning. The election was not flawless, but it never is. The only count that really counts is the one conducted under the rule of law.''

The overvote study is the third examination of how the acrimonious 2000 presidential election might have ended if manual recounts had gone forward without court challenges and intervention.

In February, The Herald reported that Bush still would have won the presidency if undervotes in Miami-Dade County had been counted by hand, as Gore's campaign had asked.

The Miami-Dade canvassing board halted that recount after concluding that it could not be completed by a state deadline. The Herald's review found that Gore would have picked up, at most, 49 net votes in Miami-Dade, using the most liberal undervote standard.

Last month, The Herald reported that Bush's victory almost certainly would have endured even if a statewide recount of undervotes ordered by the Florida Supreme Court had not been terminated by the U.S. Supreme Court. By the most liberal standard, Bush's lead would have widened to 1,665 votes had that recount been completed.

FULL RECOUNT

Now, the study of Overvote ballots indicates that Gore might have won the election -- if his campaign had requested and received a hand recount of every uncounted ballot in the state.

The Herald found that an astonishing 108,115 overvotes -- 97 percent of the total -- are lost forever. When a voter selects two or more candidates, the true preference cannot be deduced or assumed, so those votes are unsalvageable.

But the rest -- 3,146 -- bore markings that made it clear who the voter preferred, The Herald found. Generally, this occurred when voters chose a candidate and then cast a write-in vote for that same candidate.

``It's amazing to me how some people misinterpreted how to vote, but it's clear what they intended to do,'' said Ronald Legendre, chairman of Osceola County's canvassing board.

Most of those recoverable overvotes -- 1,871 -- were for Gore. Bush received 1,189 such votes. Other candidates received 86.

That net gain for Gore of 682, when coupled with the undervotes, would have been enough to carry the Democrat to the White House under two standards for gauging undervotes. Gore's margin would have been 332 votes if all dimpled ballots were counted. It would have been 242 votes if dimpled ballots were counted only when dimples also appeared in other races.

But if the undervotes were declared valid only when chads were detached by at least two corners, Bush would have come out on top by 407 votes. And if only cleanly punched ballots were counted, Bush would win by 152 votes.

Even so, there is ample room for argument that a significant plurality of Floridians intended to vote for Gore -- but more of them ruined their ballots by overvoting or undervoting.

One measure of that: Three of every four overvotes -- a total of 84,204 -- contained a mark for Gore; only one of three overvotes -- a total of 37,738 -- contained a mark for Bush. (Some overvotes show marks for both).


``Gore would likely have won if all overpunched ballots had been properly marked, based on measures of voter intent,'' said Anthony Salvanto, a political scientist at the University of California-Irvine who analyzed the overvote results.

This also seems clear:

At an early, crucial stage of the electoral impasse, Gore made a momentous strategic mistake by not asking for an official statewide review of every rejected ballot -- undervotes and overvotes. Instead, he requested a recount only in four counties.

His decision might have been a historic blunder. A statewide recount of undervotes and overvotes might have given Gore the vote lead and the political high ground -- before the legal brawl ever reached the Florida Supreme Court or the U.S. Supreme Court.

Hattaway, the former Gore aide, said the Democrats did not request a recount of that magnitude because it seemed too sweeping, too desperate and too unwieldly.

`NO PRECEDENT'

``There was no precedent for it -- until now,'' he said. ``It was discussed but the consensus was that we couldn't get it. There was a feeling the courts wouldn't give it to us.''

Interestingly, if Florida's new election law had existed last November, Gore would have been entitled to just such a review -- automatically.

Signed Wednesday by Gov. Jeb Bush, the law requires a recount of every undervote and overvote in the state when the victory margin is less than a quarter of one percent of the total votes cast.

The 2000 presidential election ended in Florida with a margin much slimmer than that -- 0.006 percent after the last complete machine recount.

DIFFERENT REVIEW

The Herald's review of the state's overvotes differed in several ways from the newspaper's previous undervote review. The entire project cost The Herald, Knight-Ridder and its partners about $825,000.

The undervote review was undertaken by a public accounting firm, BDO Seidman, LLP, under the sponsorship of The Herald, Knight Ridder and USA Today. An accountant reviewed each ballot and noted its characteristics.

All tabulations of undervotes were provided by BDO Seidman, based on those observations. Separately, a reporter also reviewed each ballot, but the results of that review were used only as a statistical check for variation.

Each overvote, however, was reviewed by one person only -- a reporter from The Herald, USA Today or six other newspapers: The Tallahassee Democrat, The Bradenton Herald, Florida Today, The Tampa Tribune, the Fort Myers News-Press and The Pensacola News Journal.

In 59 counties, reporters physically examined every overvote ballot and recorded what they found. In eight heavily populated counties, the newspapers used official computer tapes to identify combinations of candidates marked on overvoted ballots. In those counties, reporters then examined all ballots that contained handwritten marks that would not have appeared on computer records.

The results of the overvote review were assembled into a database, and the various combinations were examined.


The Herald then attempted to recreate the conditions of the election prior to any court action and before hand recounts in Volusia, Broward and Palm Beach had been added to the official count.

Machine counts certified by each county by Nov. 14 plus subsequently counted overseas absentee ballots and some recently identified undervotes from Orange County showed Bush leading Gore by 1,133 votes in Florida.

Gore's 682-vote net gain from overvotes would have sharply reduced that lead -- to 455. And that lead would have been overtaken had undervote ballots with dimples been included.

But no such statewide recount of undervotes and overvotes was mandated by law last November, so county election supervisors were not required to search for recoverable votes or even accept any they found.

In Lake County, for instance, canvassers happened upon some obviously valid overvotes -- ballots that contained double votes for Gore or for Bush.

The canvassing board voted 2-1, however, not to rehabilitate those ballots because the board planned no systematic search of all rejected ballots.

``I was whooping and hollering the whole night,'' recalled Donna Miller, the canvassing board chairwoman, who lost that battle. ``I was so frustrated. There was no question in my mind who they wanted. I could hardly sleep that night, I was so upset.''

OTHER FINDINGS

Among The Herald's other findings:

Statewide, the combination of votes for Gore and Pat Buchanan, the Reform Party candidate, represented the most common overvote, accounting for 10,234 botched ballots or nine percent of the total. Other common combinations: Gore and Libertarian Harry Browne, Bush and Gore, Bush and Buchanan.

A mark for Buchanan appeared on 36,757 overvotes, nearly as frequently as the marks for Bush. That probably was caused by Buchanan's proximity on ballots to both Bush and Gore, especially on Palm Beach County's now-notorious ``butterfly'' ballot.

Nearly 1,000 people voted for every candidate, disenfranchising themselves.

More than 3,600 voted for every candidate except Bush. More than 700 voted for every candidate except Gore.

``We could call these `anybody but him' voters,'' Salvanto said. ``One theory is that these are people who simply do not understand the voting process and are marking everyone of whom they approve. Just as long as the guy they don't like doesn't get in.''

Most of the overvotes in Florida came from punch-card counties, show clearly punched ballots for multiple presidential candidates and thus can never be rehabilitated.

In Palm Beach County, for instance, 5,237 people punched holes for both Gore and Buchanan, but no one can say precisely how many of them wanted to vote for Gore. Exactly 13,511 people cast other types of overvotes in Palm Beach County.

BUTTERFLY BALLOT


A recent statistical study by six political scientists from Harvard University, Cornell University, Northwestern University and the University of California-Berkeley found that Palm Beach County's butterfly ballot probably cost Gore at least 3,400 votes because of double punches and up to another 2,400 votes that were mistakenly cast for Buchanan.

Duval County, which includes Jacksonville, experienced an even larger, more astounding number of punch-card overvotes -- 21,888. Later, many voters there also complained about a confusing ballot, one that distributed presidential candidates over two pages.

Eighty-four percent of overvoters in Duval punched presidential candidates on both pages.

Regardless of ballot design, regardless of voting system, every county in the state reported overvotes.

VOTING DIRECTIONS

``I have directions printed on the ballot, directions with pictures, sample ballots with graphics sent to every household in the county, and the same thing goes in the [news]paper,'' said Pat Hollarn, supervisor of elections in Okaloosa County, which used the more modern and reliable optical-scan system but had 677 overvotes anyway.

``When we give them that much instruction, if they sent an absentee ballot that's marked double, then I can't tell what somebody meant by that. Nobody can. You can't guess what somebody meant.''

Still, The Herald's study confirms that many overvotes would have been accepted as valid -- if election officials had looked at them in time.

And in an election as close as the 2000 presidential race between George W. Bush and Al Gore, those ballots might have made a difference.

Herald staff writers Lila Arzua, Tyler Bridges, Tim Henderson and Jay Weaver contributed to this report.

&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&


Yes indeed, the counting was halted (Saturday morning when the counting was set to be completed on Sunday, while the nefarious Dec 12 "deadline" loomed on the following Tuesday).Ostensibly, the idea was to get a count free of handcounts using differing standards. Did the USSC acheive this? No. The count that Katherine Harris "certified"...which turned out to be the count relied upon to award Bush the electors...contained MANY handcounted ballots. In other words, the "legal" count was one which was UNconstitutionally arrived at. At least six "Republican" counties and one "Democrat" county met the "deadline" to have their handcounted (by the Unconstitutional "differing standards") ballots included in the certification. The Republican counties added over 600 votes to Bush's total, by finding "handcounted" ballots for him, which if disallowed (as being unconstitutional) would have caused Bush to be BEHIND in the totals at certification time.Equal protection? For WHOM? Can you name ANYBODY, from among the voters in America, who received any MEASURE of "equal protection" from the ruling handed down in Bush v Gore?If so, I'd love to hear WHO, and why you think they GOT it.And on the question of "conservative vs. liberal" instead of "partisan" considerations being made by the Justices of the USSC, this idea is destroyed by the fact that the Rhenquist 5 had to violate their so-called "deeply held conservative principles" concerning the judiciary in many, many ways to arrive at their Bush v Gore ruling. They abandoned "state's rights", they set aside their stated (in writings) requirement for there to be both a specific harmed party AND a proven INTENT to harm that party before they would consider invoking "equal protection" (neither requirement was met in Bush v Gore), they abandoned Scalia's admonition that the Supreme Court has NO BUSINESS making "unique" rulings (Bush v Gore was "unique" in that the Rhenquist 5 said the ruling cannot be applied to any other future cases...is set NO PRECEDENCE WHATSOEVER). Further, Conservatives supposedly ABHOR "Judicial Activism", of which Bush v Gore was a textbook example.In short, if the Rhenquist 5 had adhered to CONSERVATIVE principles instead of PARTISAN considerations, they would never have taken the case in the first place. They abandoned their Conservative principles wholesale in order to install BUSH in office. From: jeffharrison3Date: Sun Jan 27 12:10 PM EST 2002******************

kuvasz1

 

the oddest thing about florida was the vote talley in one county

for a minor third party candidate of thousands of votes but only

a few hundred throughout the rest of the state. obviously, there

was a machine count error, but you never heard too much about it,

because if the votes had been recounted, the ratio of gore to

bush in that county (a democractic one)was such that gore would

have obtained hundreds more votes than Bush. But you can surely

bet Pig Boy on the radio would have been knashing his tusks and a

caravan of republican operatives would have invaded the county

like they did in miami-dade and palm springs.

 

History will reveal that bush was an illegitimate pResident. i

only hope he doesn't f*ck up the country too much  more before he

is thrown out of office on his sorry a$$ like his Poppy.

jeffharrison3

 

What is obvious is that even AFTER the GOP and their operatives

nd their "machine" in Jeb's corrupt-to-the-gills state performed

every underhanded and anti-American, anti-voter, anti-democratic

trick they could think of, Al Gore STILL got more valid, legal

votes than Bush.

 

There is now absolutely no doubt whatsoever that more voters in

Florida wanted Gore as president. The only thing GOPers can argue

is sniggling technicalities, legal maneuvers, and distractions

like declaring Dem voters are "stupid". Problem is, none of that

covers up the fact that, if the votes had actually been counted,

GORE WON.


 

This was a triumph of trickery, fraud, bully tactics, vote

tampering masquerading as "honest mistakes", and partisanship IN

THE FEDERAL JUDICIARY, over the WILL of the PEOPLE. The GOP, the

Supreme Court, Bush, Cheney, Baker, and the whole Republican crew

have seething contempt for the American People.

 

I think the least I can do is second that emotion in return.

Berniew1 Quick statsAdded on Sat, Jan 26, 2002 8:22 AM Sat Jan 26 8:22 AM EST 2002

As the exit polls indicated, over 100,000 people more wanted to

vote for Gore than Bush, but their votes weren't counted.  The

votes are still there for anyone who wants to check.

As the Newspapers analysis indicates, just by looking at the 3%

of the "overvotes"(where someone voted for Gore twice rather than

once due to the ballot layout and directions) if the clearly

legal votes had been looked at Gore won by over 30,000.  But

looking at the 97% not considered here, its also obvious that

over 90% of these tried to vote for Gore, but due to ballot

design problems such as the confusing 2 page ballots with Gore's

and Buchan's buttons switched in order, many accidently voted for

Buchanan and other such situations. 

The corruption and dirty tricks in Florida was huge and

pervasive.  What I've talked about doesn't include the fact that

thousands of legal black voters were taken off the voting roles

prior to the election(blacks voted 90% for Gore) and thousands of

Democrats who signed up to vote in the Motor Voter program were

not put on the roles, while Republicans who signed up at the same

time were, and lots of voters in minority districts could not

vote due to problems in their polling places and faulty equipment

that didn't register their vote. 

jeffharrison3Added on Sat, Jan 26, 2002 9:51 AM Sat Jan 26 9:51 AM EST 2002

erification of the election result by the Congress, but none is

set in stone. Before Election 2000, the guiding principle was the

determination, as best the law could discern, of how all the

legal, valid voters voted. The FSC honored that tradition, by

calling for recounts. The USSC relied instead on an arbitrary

deadline to NEGATE the valid, legal votes of "the People".

 

Now, Prag and Max, an "election knowledge" QUIZ for you guys.

 

Over 30 states have a "clear intent of the voter" standard for

manually recounting votes. Is this standard now UnConstitutional,

and illegal? Yes, or No?

 

 

1. Florida state law called for the certification of the election

within 7 days of election day, or Nov. 14, IF THERE IS NO


PROTEST. Legal protests were handled by a SEPARATE law, which

spelled out WHEN, under WHAT CIRCUMSTANCES, and HOW candidates

could demand manual recounts. IF the vote was so close it was

within one half of one percent difference, a machine recount was

mandatory. If the machine recount did not resolve the winner

OUTSIDE THAT MARGIN, then manual recounts could be requested

WITHIN SEVEN DAYS of the election.

 

Obviously, the State Legislature intended for the manual recounts

to be conducted, when the election was that close. The problem

is, it is a physical impossibility to manually recount within the

deadline for certifying elections that are NOT CLOSE.

 

So, the laws were in conflict. The secretary of state was given "

discretion" over the deadline, but Katherine Harris had no

inclination to follow the second law, since the first one would

give the election to Bush.

 

This conflict was taken to state court, as all conflicts in state

law SHOULD be and usually ARE, for the legal resolution.

 

The Florida Supreme Court overruled Harris (who, out of thin air,

decided only a hurricane could negate the first certification

deadline), and the FSC said her discretion should fall to

determining the ACTUAL winner, and the ACTUAL will of the voters,

rather than adhering to an arbitrary deadline meant for

unchallenged elections clearly won by one party or the other.

 

The problem in meeting the FIRST deadline is that it was intended

for votes which were NOT CLOSE. Elections so close they must be

manually recounted, according to state law, could not possibly be

expected to adhere to the first deadline.

 

2. The USSC negated state laws to make their decision to end the

vote counting. The law IN PLACE at the time of the election

called for manual recounts in close races. The law IN PLACE at

the time of the election called for the canvassing boards to

determine "the clear intent of the voter" by examining the

ballots. The USSC overruled these laws. Thus, the USSC changed

the laws in place at the time of the election. You say these laws

cannot be changed. The USSC changed them, or rather, set them

aside. On Nov 7, these laws existed in force. On Dec 12, they

were gone, as if they never existed. Can't change the laws AFTER

the election any more than THAT.

 

Yes, the USSC made some determiniations, citing "equal protection

". The recounts must be done, according to the USSC, statewide,

by a uniform and more detailed standard than "clear intent", and

must include ALL votes, including OVERVOTES. Following the USSC's

rules, the Consortium determined Al Gore got more votes, and

WOULD HAVE won the election.

 

And yes, the USSC said "time is up" to enact these procedures and

standards. They did so by saying that any votes counted after Dec

12 THEY would consider "unconstitutional". Why? Because if done

after Dec 12, then the slate of electors resulting from a later

count MIGHT result in a conflicting slate of electors sent by the

Florida State Legislature. This was the CONSTITUTIONAL way to

resolve the conflict, and should have been allowed to occur. Dec

12 was a "safe harbor" deadline, which was never meant to negate

the accurate counting of valid and legal votes. The USSC decided


NOT to follow the constitutional procedure, and instead decide

the election outcome themselves.

 

As a result, NOBODY was accorded "equal protection". Nobody at

all. But the USSC didn't care. Equal Protection was only the "

justification" they needed to hear the case. The USSC had no

intention of their intervention resulting in equal protection of

ANYBODY. The sole resulting beneficiary of this equal protection

invocation was one person: GW Bush.

 

3. There IS no "date certain" for election results. There are

deadline "triggers" for various conditions...certification,

meeting of electors, and v(continued in next response...)

kuvasz1Added on Sat, Jan 26, 2002 4:55 PM Sat Jan 26 4:55 PM EST 2002

I don't even know where to start, is it....

 

1. the use by republican operatives in county after county fixing

only republican registration forms in county clerks offices

against the law,

2. the use of a republican organization paid by katherine harris'

office to purge voter rolls of felons and have thousands of

non-felons purged from the voting registrations rolls.

3. the incredibly repugnant sight of paid congressional aids and

republican party operatives rioting before the vote count offices

in palm springs that shut down the recount in that county.

4. the GOP attcking Gore for questioning absantee military

ballots as un-patriotic in some counties while doing just that in

other places,

5. the fact that bush signed into law in texas the use of hand

counted votes as the final arbiter of elections tallies, and then

arguing againt it as a less reliable method, even when the man

who invented the machinery that counted the votes stated

uncatagorically that the hand count method was more reliable.

 

but I shall let the words of Justice Stevens be my final words on

this issue because no one said it better than Justice Stevens in

his dissent on the verdict in Bush vs Gore. It should be

inscribed on all 5 of the Justices tombstones that voted for

Bush.

 

<quote>

"The Constitution assigns to the States the primary

responsibility for determining the manner of selecting the

Presidential electors. See Art. II, Section. 1, clause. 2. When

questions arise about the meaning of state laws, including

election laws, it is our settled practice to accept the opinions

of the highest courts of the States as providing the final

answers. On rare occasions, however, either federal statutes or

the Federal Constitution may require federal judicial

intervention in state elections. This is not such an occasion."

 

<snip>

 

"One thing, however, is certain. Although we may never know with

complete certainty the identity of the winner of this year's


Presidential election, the identity of the loser is perfectly

clear. It is the Nation's confidence in the judge as an impartial

guardian of the rule of law.?---Justice Stevens 12/13/2000

 

 

Read the whole text.

 

www.washingtonpost.com/wp-srv/onpolitics/elections/legaldocs/stevenstext121300.htm

 

And as to the self congratulatoy Judge Posner, if his latest book

on intellectuals and his methods area an indication of his

acumen, i would never consider him for advice.

 

 

http://hometown.aol.com/marklevineesq/myhomepage/election.html

 

Q:  I'm not a lawyer and I don't understand the recent Supreme

Court decision in Bush v. Gore.  Can you explain it to me?

 

A:  Sure.  I'm a lawyer.  I read it.  It says Bush wins, even if

Gore got the most votes.

 

Q:  But wait a second.  The US Supreme Court has to give a

reason, right?

 

A:  Right.

 

Q:  So Bush wins because hand-counts are illegal?

 

A:  Oh no.  Six of the nine justices believed that hand-counts

were legal and should count.  Indeed, all nine found "Florida's

basic command for the count of legally cast votes is to consider

'the intent of the voter.'"  "This is unobjectionable as an

abstract proposition."  In fact, "uniform rules to determine

intent" are not only "practicable" but "necessary."

 

Q:  So that's a complicated way of saying "divining the intent of

the voter" is perfectly legal?

 

A:  Yes.

 

Q:  Well, if hand counts are fine, why were they stopped?  Have

the re-counts already tabulated all the legal ballots?

 

A.  No.  The five conservative justices clearly held (and all

nine justices agreed) "that punch card balloting machines can

produce an unfortunate number of ballots which are not punched in

a clean, complete way by the voter."  So there are legal votes

that should be counted but will never be.

 

Q:  Does this have something to do with states' rights?  Don't

conservatives love that?

 

A:  Yes.  These five justices have held that the federal

government has no business telling a sovereign state university

it can't steal trade secrets just because such stealing is

prohibited by law.  Nor does the federal government have any


business telling a state that it should bar guns in schools.  Nor

can the federal government use the equal protection clause to

force states to take measures to stop violence against women.

 

Q:  Is there an exception in this case?

 

A:  Yes, the "Gore exception."  States have no rights to control

their own state elections when it can result in Gore being

elected President.  This decision is limited to only this

situation.

 

Q:  C'mon.  The Supremes didn't really say that.  You're

exaggerating.

 

A:  Nope.  They held "Our consideration is limited to the present

circumstances, as the problem of equal protection in election

processes generally presents many complexities."

 

Q:  What complexities?

 

A:  They didn't say.

 

Q:   I'll bet I know the reason.  I heard Jim Baker say this.

The votes can't be counted because the Florida Supreme Court "

changed the rules of the election after it was held."  Right?

 

A.  Wrong. The US Supreme Court made clear that the Florida

Supreme Court did not change the rules of the election.  But the

US Supreme Court found this failure of the Florida Court to

change the rules after the election was wrong.

 

Q:  Huh?

 

A:  The Legislature declared that the only legal standard for

counting vote is "clear intent of the voter."  The Florida Court

was condemned for not adopting a clearer standard after the

election.

 

Q:  I thought the Florida Court was not allowed to change the

Legislature's law after the election.

 

A:  Right.

 

Q:  So what's the problem?

 

A:  They should have.  The US Supreme Court said the Florida

Supreme Court should have "adopt[ed] adequate statewide standards

for determining what is a legal vote"

 

Q:  I thought only the Legislature could "adopt" new law.

 

A:  Right.

 

Q:  So if the Florida Court had adopted new standards, I thought

it would have been overturned.

 

A:  Right.  You're catching on.

 


Q:  Wait.  If the Florid(continued in next response...)a Court had adopted new standards, it would have been overturned

for changing the rules.  And since it didn't do it, it's being

overturned for not changing the rules?  That makes no sense.

That means that no matter what the Florida Supreme Court did,

legal votes could never be counted if they would end up with a

possible Gore victory.

 

A:  Right.  Next question.

 

Q:  Wait, wait.  I thought the problem was "equal protection,"

 that some counties counted votes differently from others.  Isn't

 that a problem?

 

A:  It sure is.  Across the nation, we vote in a hodgepodge of

systems.  Some, like the optical-scanners in largely

Republican-leaning counties record 99.7 percent of the votes.

Some, like the punch card systems in largely Democratic-leaning

counties, record only 97 percent of the votes.  So approximately

3 percent of Democratic-leaning votes are thrown in the trash

can.

 

Q:  Aha!  That's a severe equal-protection problem!!!

 

A:  No it's not.  The Supreme Court wasn't worried about the 3%

of Democratic-leaning ballots (about 170,000) thrown in the

trashcan in Florida.  That "complexity" was not a problem.

 

Q:  Was it the butterfly ballots that violated Florida law and

fooled more than 10,000 Democrats into voting for Buchanan or

both Gore and Buchanan?

 

A:  Nope.  The courts have no problem believing that Buchanan got

his highest, best support in a precinct consisting of a Jewish

old age home with Holocaust survivors, who apparently have

changed their mind about Buchanan's view that Hitler was not all

that bad.

Q.Yikes.  So what was the serious equal protection problem?

 


A:  The problem was neither the butterfly ballot nor the 170,000

or 3 percent of Democratic-leaning voters (largely

African-Americans) disenfranchised.  The problem is that somewhat

less than 0.01 percent of the ballots (less than 600 votes) may

have been determined under ever-so-slightly different standards

by judges and county officials recording votes under strict

public scrutiny, as Americans have done for more than 200 years.

The single judge overseeing the entire process might miss a vote

or two.

 

Q:  A single judge?  I thought the standards were different.  I

thought that was the whole point of the Supreme Court opinion.

 

A:  Judge Terry Lewis, who received the case upon remand from the

Florida Supreme Court, had already ordered each of the counties

to fax him their standards so he could be sure they were uniform.

 Republican activists repeatedly sent junk faxes to Lewis in

order to prevent counties from submitting the standards to Lewis

in a way that could justify the vote counting.  That succeeded in

stalling the process until Justice Scalia could stop the count.

 

Q:  Hmmm.  Well, even if those less than 600 difficult-to-tell

votes are thrown out,  you can still count the other 170,000

votes (or just the 60,000 of them that were never counted) where

everyone, even Republicans, agrees the voter's intent is clear,

right?

 

A:  Nope.

 

Q:  Why not?

 

A:  No time.

 

Q:  I thought the Supreme Court said the Constitution was more

important than speed.

 

A:  It did.  It said, "The press of time does not diminish the

constitutional concern.  A desire for speed is not a general

excuse for ignoring equal protection guarantees."

 

Q:  Well that makes sense.  So there's time to count the votes

when the intent is clear and everyone is treated equally then.

Right?

 

A:  No.  The Supreme Court won't allow it.

 

Q:  But they just said that the constitution is more important

than speed!

 

A:  You forget.  There is the "Gore exception."

 

Q:   Hold on.  No time to count legal votes where everyone, even

Republicans, agrees the intent is clear?  Why not?

 

A:  Because they issued the opinion at 10 p.m. on December 12.

 

Q:  Is December 12 a deadline for counting votes?

 

A:  No.  January 6, 2001 is the deadline.  In the Election of

1960, Hawaii's votes weren't counted until January 4, 1961.

 


Q:  So why is December 12 important?

 

A:  December 12 is a deadline by which Congress can't challenge

the results.

 

Q:  What does the Congressional role have to do with the Supreme

Court?

 

A:  Nothing.  In fact, as of December 13, 2000, some 20 states

still hadn't turned in their results.

 

Q:  But I thought ---

 

A:  The Florida Supreme Court had said earlier it would like to

complete its work by December 12 to make things easier for

Congress.  The United States Supreme Court is trying to "help"

 the Florida Supreme Court out by reversing it and forcing the Fl

orida court to abide by a deadline that everyone agrees is not

binding.

 

Q: But I thought the Florida Court was going to just barely have

the votes counted by December 12.

 

A:  They would have made it, but the five conservative justices

stopped the recount last Saturday.

 

Q:  Why?

 

A:  Justice Scalia said some of the votes may not be legally

counted.

 

Q:  So why not separate the votes into piles -- hanging chads for

Gore, indentations for Bush, votes that everyone agrees were

intended for Gore or Bush -- so that we know exactly how Florida

voted before determining who won?  Then, if some ballots (say,

indentations) have to be thrown out, the American people will

know right away who won Florida?  Make sense?

 

A.  Great idea!  An intelligent, rational solution to a difficult

problem!   The US Supreme Court rejected it. They held in

stopping the count on December 9 that such counts would be likely

to produce election results showing Gore won and that Gore's

winning the count would cause "public acceptance" that would "cast[] a

cloud" over Bush's "legitimacy" and thereby harm "democratic

stability."

 

Q:  In other words, if America knows the truth that Gore won,

they won't accept the US Supreme Court making Bush President?

 

A:  Yes.

 

Q:  Is that a legal reason to stop recounts? or a political one?

 

A:  Let's just say in all of American history and all of American

law, this is the first time a court has ever refused to count

votes in order to protect one candidate's "legitimacy" over

another's.

 

Q:  Aren't these conservative justices against judicial activism?

 

A:  Yes, when liberal judges are perceived to have done it.


 

Q:  Well, if the December 12 deadline is not binding, why not

count the votes afterward?

 

A:  The US Supreme Court, after conceding the December 12

deadline is not binding, set December 12 as a binding deadline at

10 p.m. on December 12.

 

Q:  Didn't the US Supreme Court condemn the Florida Supreme Court

for arbitrarily setting a deadline?

 

A:  Yes.

 

Q:  But, but --

 

A:  Not to worry.  The US Supreme Court does not have to follow

laws it sets for other courts.

 

Q:  So who caused Florida to miss the December 12 deadline?

 

A:  The Bush lawyers who, before Gore filed a single lawsuit,

went to court to stop the recount. The rent-a-mob in Miami that

got free Florida vacations for intimidating officials.  The

constant request for delay by Bush lawyers in Florida courts.

And, primarily, the US Supreme Court, which refused to consider

Bush's equal protection claim on November 22, 2000, then stopped

the recount entirely on December 9, and then, on December 12 at

10 p.m., suddenly accepted the equal protection claim they had

rejected three weeks earlier, but complained there was no time

left to count the votes in the two hours left before midnight

that evening.

 

Q:  So who is punished for this behavior?

 

A:  Gore.  And the 50 million plus Americans that voted for him,

some 540,000 more than voted for Bush.

 

Q:  You're telling me Florida election laws and precedents

existing for a hundred years are now suddenly unconstitutional?

 

A:  Yes.  According to the Supreme Court, the Legislature drafted

the law in such a messy way that the Florida votes can never be

fairly counted.  Since Secretary of State Katherine Harris never

got around to setting more definitive standards for a counting

votes, Gore loses the election.

 

Q:  Does this mean the election laws of any of the other 49

states are unconstitutional as well?

 

A:  Yes, if one logically applies the Supreme Court opinion.  The

voters of all 50 states use different systems and standards to

vote and count votes, and 33 states have the same "clear intent

of the voter" standard that the US Supreme Court found illegal in

Florida.

 

Q:  Then why aren't the results of these 33 states thrown out?

 

A:  Um.  Because . . . um . . . the Supreme Court doesn't say . .

.

 

Q:   But if Florida's certification includes counts expressly


declared by the US Supreme Court to be unconstitutional, we don't

know who really won the election there, right?

 

A:  Right.

 

Q:  But then what makes Bush President?

 

A:  Good question.  A careful statistical analysis by the Miami

Herald extrapolates from the 170,000 uncounted votes in Florida

to show Gore clearly won the state and may have done so by as

much as 23,000 votes (excluding the butterfly ballot errors). 

See www.herald.com/thispage.htm?content/archive/news/elect

2000/decision/104268.htm

 

Q:  So, answer my question:  what makes Bush President?

 

A:  Since there was no time left for a re-count based on the

non-binding "deadline," the Supreme Court decided to choose

itself who will be President and has picked Bush to win by a vote

of 5 to 4, based on the flawed count it just determined to be

unconstitutional.

 

Q:  That's completely bizarre!  That sounds like rank political

favoritism!  Did the justices have any financial interest in the case?

 

A:  Scalia's two sons are both lawyers at law firms working for

Bush.  Thomas's wife is collecting applications for people who

want to work in the Bush administration.

 

Q:  Why didn't they remove themselves from the case?

 

A:  If either had recused himself, the vote would have been 4-4,

the Florida Supreme Court decision allowing recounts would have

been affirmed, and Scalia said he feared that would mean Gore

winning the election.  Justices Rehnquist and O'Connor had both

said before the election that they wanted to retire but would

only do so if a Republican were elected, and when O'Connor heard

from early (and, we now know, accurate) exit polls that Gore had

won Florida, she responded that was "terrible."

 

Q:  I can't believe the justices acted in such a blatantly

political way.

 

A:  Read the opinions for yourself

 

www.supremecourtus.gov/opinions/00pdf/00-949.pdf(December

 9 stay stopping the recount)

http://frwebgate.access.gpo.gov/supremecourt/00-949_dec12.fdf(December 12 opinion)

 

Q:  So what are the consequences of this?

 

A:  The guy who got the most votes in the US, in Florida, and

under our Constitution (Al Gore) will lose to America's second

choice (George W. Bush), since Bush has won the all-important 5-4

Supreme Court vote, which trumps America's choice.Q:  I thought

in a democracy, the guy with the most votes wins.  At least in

the Electoral College, shouldn't the guy with the most votes in

Florida win?A:  Yes.  But America in 2000 is no longer a

democracy, or even a republic.  In America in 2000, the guy with

the most US Supreme Court votes wins.  That's why we don't need


to count the People's votes in Florida.

 

Q:  So what will happen to the Supreme Court when Bush becomes

President?A:  He will appoint more justices in the mode of Thomas

and Scalia to ensure that the will of the people is less and less

respected.  Soon lawless justices may constitute 6-3 or even 7-2

on the court.Q:  Is there any way to stop this?A:  YES.  No

federal judge can be confirmed without a vote in the Senate.  It

takes 60 votes to break a filibuster.  If only 41 of the 50

Democratic Senators stand up to Bush and his Supreme Court and

say that they will not approve a single judge appointed by him

until a President can be democratically elected in 2004, the

judicial reign of terror will end?.and one day we can hope to

return to the rule of law and the will of the People.

 

Q:  Why can't we impeach the justices?

 

A:  That takes a majority of the House and 2/3 of the Senate and

is far more controversial.  Don't worry.  A 4-year judicial

filibuster will definitely get the Court's attention.  Indeed, it

is probably the only way to get the Court's attention.Q:  What

can I do to help?A:  Email this article to everyone you know, and

write or call your Senator, reminding him or her that Gore beat

Bush by more than 540,000 (almost five times Kennedy's margin

over Nixon) and that you believe that elections should be

determined by counting the People's votes, not the Supreme

Court's.  Therefore, to stop our unelected federal judiciary from

ever again overturning the will of the people, you ask your

Senators to confirm NO NEW FEDERAL JUDGES APPOINTED BY A

NON-DEMOCRATICALLY ELECTED PRESIDENT until 2004 when a president

can be finally chosen by the American people, instead of Antonin

Scalia.

 

Q:  Doesn't anyone on the US Supreme Court follow the rule of

law?

 

A:  Yes.  Read the four dissents.  Excerpts below:

 

Justice John Paul Stevens (Republican appointed by Ford):"

Although we may never know with complete certainty the identity o

f the winner of this year's Presidential election, the identity

of the loser is perfectly clear.  It is the Nation's confidence

in the judge as an impartial guardian of the rule of law."

 

Justice David Souter (Republican appointed by Bush):"Before this

Court stayed the effort to [manually recount the ballots] the

courts of Florida were ready to do their best to get that job done.  There is no justification for denying the State the opportunity to try to

count all the disputed ballots now.Justice Ruth Bader Ginsburg

(Democrat appointed by Clinton):

 

Chief Justice Rehnquist would "disrupt" Florida's "republican

regime."  [In other words, democracy in Florida is imperiled.]

 

The court should not let its "untested prophecy" that counting

votes is "impractical" "decide the presidency of the United

States."Justice Steven Breyer (Democrat appointed by Clinton):"

There is no justification for the majority's remedy .  .  . "  We

"risk a self-inflicted wound -- a wound that may harm not just

the court, but the nation."

 


Mark H. LevineAttorney at MarkLevineEsq@aol.com

 

I would respectfully suggest that we look at exactly WHAT those seven of nine were actually SAYING. Massagatto suggests the nine said the FSC erred. That is not the case. The seven said simply that partial recounts, using varying standards, presented an equal protection problem. The seven agreed the FSC had no choice as to the standard, since it was set by the Florida Legislature, but the seven DID agree that the FSC could remedy the situation by having the recount overseen centrally by a judge (terry lewis already had that job), doing the count statewide, and including ALL disputed votes, including undervotes AND overvotes. So, saying the vote of 7-2 was EITHER an acceptance of halting vote counting altogether, OR represented a rebuke of the Florida Supreme Court...is simply FALSE. Furthermore, the seven did not seem upset enough about the "equal protection" hazard in Florida OR nationwide to actually set a PRECEDENCE in this case. As has been mentioned above, they agreed election systems are unfair, but that there's nothing they could do about it. So, they limited their "findings" ONLY to denying Gore a victory. Nothing else.

 

Yes indeed, the counting was halted (Saturday morning when the

counting was set to be completed on Sunday, while the nefarious

Dec 12 "deadline" loomed on the following Tuesday).

 

Ostensibly, the idea was to get a count free of handcounts using

differing standards.

 

Did the USSC acheive this? No.

 

The count that Katherine Harris "certified"...which turned out to

be the count relied upon to award Bush the electors...contained

MANY handcounted ballots. In other words, the "legal" count was

one which was UNconstitutionally arrived at. At least six "

Republican" counties and one "Democrat" county met the "deadline"

 to have their handcounted (by the Unconstitutional "differing

standards") ballots included in the certification.

 

The Republican counties added over 600 votes to Bush's total, by

finding "handcounted" ballots for him, which if disallowed (as

being unconstitutional) would have caused Bush to be BEHIND in

the totals at certification time.

 

Equal protection? For WHOM? Can you name ANYBODY, from among the

voters in America, who received any MEASURE of "equal protection"

 from the ruling handed down in Bush v Gore?

If so, I'd love to hear WHO, and why you think they GOT it.

 

And on the question of "conservative vs. liberal" instead of "

partisan" considerations being made by the Justices of the USSC,

this idea is destroyed by the fact that the Rhenquist 5 had to

violate their so-called "deeply held conservative principles"

 concerning the judiciary in many, many ways to arrive at their B

ush v Gore ruling. They abandoned "state's rights", they set

aside their stated (in writings) requirement for there to be both

a specific harmed party AND a proven INTENT to harm that party

before they would consider invoking "equal protection" (neither

requirement was met in Bush v Gore), they abandoned Scalia's


admonition that the Supreme Court has NO BUSINESS making "unique"

 rulings (Bush v Gore was "unique" in that the Rhenquist 5 said

the ruling cannot be applied to any other future cases...is set

NO PRECEDENCE WHATSOEVER). Further, Conservatives supposedly

ABHOR "Judicial Activism", of which Bush v Gore was a textbook

example.

 

In short, if the Rhenquist 5 had adhered to CONSERVATIVE

principles instead of PARTISAN considerations, they would never

have taken the case in the first place. They abandoned their

Conservative principles wholesale in order to install BUSH in

office. 

 

You are quite right; what's done is done.

Bush is "legally" our President.

In court, one wins, the other loses.

 

Having said THAT, there are many ongoing repercussions to Bush v

Gore. In my opinion, these can be very good indeed.

 

First, it was demonstrated how horribly inadequate, biased, and

antiquated our election machinery is in America. Many states have

already passed new laws to "clean up" the mess. Congress is

considering appropriating money to update election equipment

nationwide. Punchcards have been eliminated in Florida. Even

thought the USSC set no "precedence" with Bush v Gore, they DID

indicate that "equal protection" should apply to election

apparati. This is a GOOD development.

 

Second, the Rhenquist 5, in order to install Bush, had to abandon

so many of their previously claimed "deeply held principles". No

more will they be able to claim such things as "state's rights"

 and scold such things as "judicial activism". They have put the

LIE to these claims, and as a result the Rightwing will nevermore

to be credible on these issues.

 

Third, with the help of James Baker in Florida, we now have the

view of the Judiciary as indeed a POLITICAL and PARTISAN job.

Previous to Bush v Gore, the confirmation hearings for

replacement justices were kept on "qualifications" and shied away

from any "litmus test" on party affiliation. The USSC in Bush v

Gore has thoroughly blurred that distinction. James Baker told

us, in no uncertain terms, that a JUDGE cannot be trusted to rule

impartially, if it's a political question. He smeared the Florida

SC as "hopelessly partisan", and by so doing, removed the patina

of "blind justice" from the judiciary from top to bottom.

Therefore, when and IF Bush ever gets to send a nominee to the

Supreme Court, the gloves are off. Partisan political issues are

FAIR GAME, because Rhenquist et al have demonstrated that the

court will intervene in choosing our political leaders, if at all

possible. It's now a relevant issue. This, too, is a GOOD thing.


I recalled the 3% figure as the overall national error rate attributed to punchcard ballots, as opposed to less than half a percent error rate for optical scans. But, you are of course right. I also recall the AVERAGE error rate in Florida was closer to 6%, with some areas being much higher.Florida was supposed to go early for Bush, and then be subsequently ignored. The Republicans were confident they had gamed the system in Florida to where it would not be close. That Florida became the focus of the election was Jeb's worst nightmare, but it shouldn't have been. Even though his crookedness and schemes were all exposed, the conservative press downplayed it all. The courts in Florida all opted to put aside "niggling technicalities" and instead come down on the side of counting the votes, which gave the Republicans great advantages in absentee ballots, and in the counties where the canvassing boards were overtaken by Republican operatives "repairing" Republican ballots. The other "problems", like the "butterfly ballot" and the "felon list" that illegally disenfranchised thousands of voters...were seen as problems for which there was no clear remedy, the damage was done, the paste out of the tube, and all we could do is shrug and say, "tough luck", or maybe "...and so it goes". From: jeffharrison3

**********************************

More eligible Democratic voters excluded from voter roles by Bush Admininstration in Florida

 

The South Florida Sun‑Sentinel reports: "The Florida Department of Corrections is investigating an error that may have disenfranchised a number of eligible voters in four counties in the past four years. A handful of probation officers in Broward, Monroe, St. Johns and Orange counties relied on an unofficial document to instruct offenders on probation that they've lost certain civil rights, even if the offenders had their adjudication withheld as part of a plea agreement. That instruction was false... The error incensed local political and community leaders still sensitive to the issue of disenfranchised voters... At this point it remains unknown whether the 44 probation officers gave the wrong information to enough offenders before the 2000 election to have influenced its outcome.'"

www.sun‑sentinel.com/news/local/palmbeach/ search/sfl‑pcprobation02aug02.story

 

&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&

1. Media Consortium Statewide Count of "Undervotes" and "Overvotes" Proves Gore Won Under ANY Standard

 

The Media Consortium hired the National Opinion Research Center to examine 175,010 ballots that were never counted in Florida. The investigation took 8 months and cost $900,000. No matter what standard for judging ballots is applied, Gore wins.

 

Gore Gain

Gore Deficit or Lead

 

Certified by Katherine Harris

 

 

-537

Valid votes found after certification

 

+59

 

-478

Correctly marked paper ballots

 

+493

 

+15

 

Full punches

 

+100

 

+115

Poorly marked paper ballot

 

+309

 

+424

3-corner chads

 

-208

 

+216

 

2-corner chads

 

-111

 

+105

1-corner chads

 

-45

 

+60

Dimples with sunlight

 

+88

 

+148

 

Dimples

 

-41

 

+107

 

Unfortunately, the members of the Media Consortium insisted on distorting the analysis of their own clear data (see "Spin Control" below).

 

2. Miami Herald Statewide Count of "Undervotes" and "Overvotes" Proves Gore Won by 662

 

Without counting a single hanging or dimpled chad, Gore won by 662, according to the Miami Herald. The votes below were crystal clear votes as determined by the Herald's accounting firm, BDO Seidman. Under Florida law, all of these ballots should have been counted by election officials on Election Day. Their failure to do so is Official Misconduct, not "Voter Error"!

 

Gore Gain

Gore Deficit or Lead

 

Certified by Katherine Harris

 

 

-537

Clear "Undervotes" (optical scan)

 

+319

 

-218

Clear "Undervotes" (punch card)

 

+198

 

-20

 

Clear "Overvotes"

 

+682

 

+662

 

Unfortunately, the Herald insists on distorting the analysis of its own clear data (see "Spin Control" below).

 

3. Other Media Counts Lead to the Same Conclusion

You can see the same data in greater detail here:

_   The Miami Herald

_   Unknown News

Date

Event

Gore Gain

Gore Deficit or Lead





11/27/00

Certified by Katherine Harris

 

-537

12/8/00

Florida Supreme Court ruling

+383

-154

12/18/00

Lake County (Orlando Sentinel)

+130

- 24

12/19/00

Broward (Palm Beach Post)

+164

+140

12/29/00

Hernando (Hernando Today)

+4

+144

12/30/00

Hillsborough (Tampa Tribune)

+120

+264

1/3/01

Gadsden (Democrats.com)

+40

+304

1/14/01

Miami-Dade #1 (Palm Beach Post) - minus prior recount included in 12/8

-6+11-209

+100

1/20/01

Collier (Naples News)

-226

-126

1/27/01

Palm Beach #1 (Palm Beach Post)

+682

+556

1/28/01

15 County (Orlando Sentinel) -minus prior recounts in Lake and Gadsden

+366-170

+752

2/10/01

Orange (Orlando Sentinel)

+203

+955

2/15/01

Seminole (Orlando Sentinel)

+13

+968

2/26/01

Miami-Dade #2 (Miami Herald)also: how the media twisted this recount into a "Gore lost" story

+49

+1,017

3/8/01

Osceola (Orlando Sentinel)

+25

+1,042

3/10/01

Palm Beach #2 (Palm Beach Post)

+102

+1,144

3/10/01

Martin, St. Lucie (Palm Beach Post)

+92

+1,236

 

Total Gore Gain from Recounts

+1,773

 

 

4. Overvote Analysis - Gore's True Margin of Victory

 

If every county in Florida - not just the Republican ones - had state-of-the-art voting machines that allowed voters to correct their mistakes, Al Gore would have won by 46,466.

Date

Event

Gore Gain

Gore Deficit or Lead

1/28/01

Analysis of overvotes in 8 counties by the Washington Post

 

+28,510

 

+28,510

1/28/01

Analysis of overvotes in 15 counties by the Orlando Sun-Sentinel

 

+944

 

+29,454

2/8/01

Gore-Libertarian overvotes in 16 counties by Orlando Sun-Sentinel

 

+797

 

+30,257

3/10/01

Analysis of overvotes in Palm Beach County by the Palm Beach Post (overlaps Washington Post analysis above)

 

+6,607

 

5/11/01

Analysis of overvotes statewide by the Miami Herald (overlaps with all of the above)

 

 

+46,466

 

5. Disputed Votes

 

There are several categories of votes that have been widely disputed. Unlike the votes above, these disputed votes could not have been resolved by county canvassing boards, either on election night or during the subsequent recounts.

 

It is impossible to quantify most of these categories, but we can try to give our best estimates.

 

Categories favoring Gore

 

_   Absentee ballots that could not be read by voting machines, but were illegally "duplicated" by county election officials: 10,000 (over 60% Bush)

 


_   Legal voters who were disenfranchised by Katherine Harris through the criminally inaccurate purge of "felons": 1,100 (90% Gore)

 

_   Absentee ballots cast in Seminole and Martin counties by Republican voters following the criminal alteration of defective ballot applications by Republican operatives: 5,000 (99% Bush) 

 

_   Votes meant for Gore but cast for Buchanan because of the "butterfly ballot" in Palm Beach: 3,000 (100% Gore)

 

_   Voters who went to the polls but were unable to cast a vote because of language problems (and no translators) or physical disability: (70% Gore)

 

_   Registrations submitted from black colleges but not processed: (90% Gore) (thousands)

 

_   Overseas military ballots that were not legal, but were counted because of massive pressure from the Bush campaign: 680 (71% Bush)

 

_   Police checkpoints near black precincts:

 

Categories favoring Bush

 

_   Premature network projections for Gore 10 minutes before polls closed in the Panhandle: 10 (60% Bush?)

 

6. Racial Discrimination

 

Florida voters were not treated equally. If you were black, your vote was significantly less likely to be counted. This was not because blacks were less experienced voters - this was due to institutional racism.

 

_   Whose Votes Don't Count?: An Analysis of Spoiled Ballots in the 2000 Florida Election

 

_   Report of the U.S. Commission on Civil Rights

 

_   NAACP et al v. Katherine Harris et al

 

_   Votes of Poor Are Discarded 3 Times More than Votes of Rich Across the US

 

7. The Untold Story

 

A wide range of suspicious activities were reported by eyewitnesses and the news media. Many of these activities have still not been investigated.


_   Questions the U.S. News Media Refuses to Ask about the Stolen Florida Election

_   Oral Majority: The Evidence Room

_   The Florida Overvote: Tragic Mistake, or Katharine Harris with Tweezers?

_   "Lost" Votes and a Stolen Election

_   Bush Never Won Florida

_   13 Myths About The Results Of The 2000 Election

_   The Florida Disaster: Before, During, and After

_   Scary Facts about the Florida Vote

_   Al Gore's Margin of VICTORY in Florida

_   How Did This Happen?

_   Election 2000 FAQ

_   The Five Worst Republican Outrages

_   Democracy Subverted - November 2000 Election Irregularities

 

8. Spin Control - Media Distortion of the Stolen Election

 

Each new revelation about the Stolen Election has been accompanied by articles that were deliberately distorted by editors and reporters to deny the reality that Gore Won Florida.

_   Miami Herald Distorts Florida Recount Analysis to Hide the Terrifying Truth: Its Own Data PROVE Al Gore Won Florida

_   Media Lies Once Again to Declare Bush the Winner

_   The Bush Propaganda Machine Strikes Again in Florida

_   Now its Unofficial: Gore Did Win Florida

_   Gore Moves Ahead in Florida Recount

 

9. Republicans Would Never Accept a Gore Victory


 

_   Bush Set to Fight An Electoral College Loss

 

_   A President by Judicial Fiat

 

10. The Republican Criminals Who Shut Down the Miami-Dade Recount

 

These are some of the thugs who staged a riot at the Miami canvassing board and shut down the recount. Most of these thugs are present or past employees of Congressional Republicans. The riot was led by Rep. John Sweeney of upstate NY. All of these thugs - and their Congressional bosses, led by Tom DeLay - should be prosecuted for criminally interfering with a federal election.

 

 

11. Spoiled ballots were primarily due to systematic problems in equipment and the election process, not due to characteristics of the voter such as education level or literacy.

 

Minorities were more likely to have to vote on machines that were less reliable and had a larger percentage of spoiled ballots than other voters.   Minorities were systematically discriminated against by the Florida election process.

www.flcv.com/klinkner.com