To: Dave Gore who wrote (345 ) 11/14/2000 1:48:48 PM From: lml Read Replies (2) | Respond to of 3887 Dave: No I'm not kidding. Your analysis is naive and flawed. You hold this ideal that elections should and need to be perfect. The fact is they're not, never have, but we should strive to make them as perfect as they can be, but NOT necessarily for this election. The people have voted. And it is clear as day that you don't like the result. I am NOT AGAINST a SIMPLE recount. We already had one, if you've been following this story. And it showed George Bush still on top. If Al Gore had been shown the victor after the mandatory first recount, would you still be ranting here, "we must have a recount! we must have a recount!" My guess is no. Yes, I would tell you that Palm Beach ballot is legal. And I believe that the State of Florida, the authority on this issue, has stated so. Look, I, like you, believe it is extremely unfortunate that the ballot confused many voters. But the fact of the matter, if you look at the ballot, and if you took your time, you would note that within each candidate's box there was an arrow that DIRECTLY guided the voter to the proper hole to punch. The error committed by voters sort of reminds me of one who sits for a multiple choice final exam and inadvertently fills in the wrong circle or fills in two circles in his computerized answer sheet. Is filling in the wrong circle a do-over? No. Is filling in two circles where their should be one invalidate the answer? Yes. Does such conduct deprive that test taker of his rights to sit for the examination and satisfy the requirement for the course? No. One issue that I have not seen discussed here on this issue is the distinction of "intent" and "expression of intent." While a voter may have intended to vote for Gore, the expression of that intent may have been a vote for Buchannan or Gore and Buchannan. Such a vote does EXPRESS the will of the people UNLESS there is FRAUD causing the voter to alter the expression of intent. The truth of the matter here is that the variance of intent and expression of intent is FAULT, fault of the voter, not the ballot, not the canvassing board of Palm Beach County. The FAULT here rests with the individual just like FAULT rests with a test taker who fills in the wrong blank. It is certainly no basis to overturn the election results; it is certainly no basis to permit those voters to re-vote at another election; and it is certainly no basis for Al Gore to claim the election was stolen from him by the Republicans. Again, if Al Gore is to find FAULT, it is with those Democratic voters in Palm Beach County who FAILED to exercise the care of a reasonable voter in reviewing the ballot before casting his/her ballot. Of course, you can argue otherwise until your blue in the face, but I think logic and the law would agree with the position I've described. If the shoe was on the other foot, and voters had voted for Buchannan instead of George Bush, and Al Gore commanded the popular vote in Florida based upon the mandatory recount canvassed vote, I would support a Gore Presidency. I'd be ticked off; but in my conscious I would support the Gore President as legitimate. You should do the same in the instant case, and get over it.