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Politics : PRESIDENT GEORGE W. BUSH
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To: Nadine Carroll who wrote (123179)1/22/2001 2:39:32 PM
From: H-Man  Read Replies (1) of 769667
 
but its assesment of the undervote is correct

Well you can't do that now can you. ;-) Besides, later that month they printed another article that said that Gore would come up short, counting undervotes, statistically speaking.

If leaving the recount decentralized and in the hands of county officials fails to address fundamental fairness, how can it be okay to hold the original vote the same way?

It is not leaving the recount decentralized that caused lack of fairness. It is the lack of a standard, and the on the record testimony, which was uncontested, that similar ballots were treated differently. As seems to have been acknowledged at oral argument, the standards for accepting or rejecting contested ballots might vary not only from county to county but indeed within a single county from one recount team to another.

The record provides some examples. A monitor in Miami-Dade County testified at trial that he observed that three members of the county canvassing board applied different standards in defining a legal vote.

What could "present circumstances" possibly mean except the Florida 2000 Presidential election? And doesn't that equate to a 'one time only' clause? How else could you interpret it?

Any case where you count similar ballots differently.

I would also think that if you had a situation, where you have the margin of error greater than the margin of victory and different initial counting methods you would have a case meriting constitutional review.
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