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Politics : PRESIDENT GEORGE W. BUSH -- Ignore unavailable to you. Want to Upgrade?

To: Thomas A Watson who wrote (285013)	8/8/2002 6:01:35 PM
From: G_Barr	Read Replies (1) \| Respond to of 769668

I believe legally all error rates were approved constitutionally. Simply not true. No court has ever ruled on such as no court had claimed such to be a consitutional concern before without proof of discrimative purpose. See cases like Mobile v. Bolend. In addition, it was clearly established that different machines would pick up different errors. Thus someone in one county improperly filling a ballot with an optical scan may get his vote counted while someone with a punch ballot would not. Scalia pointed out as one reason for his decision that under the recount people who made different types of errors would be treated differently. It would have made no difference to his logic if someone approved of this in advance for unless it was the Supreme Court it isn't relevant. But you miss the finer point, the court essentially ruled that all legal ballots had to be treated equally. Legal ballots were defined as a ballot showing a clear intent by the Fla. SC. A majority of the court did not disturb this. Hence, if legal votes were any votes that showed clear intent, the pre-recount system did not comport with this. To quote Stevens "As the majority explicitly holds, once a state legislature determines to select electors through a popular vote, the right to have one's vote counted is of constitutional stature. As the majority further acknowledges, Florida law holds that all ballots that reveal the intent of the voter constitute valid votes. Recognizing these principles, the majority nonetheless orders the termination of the contest proceeding before all such votes have been tabulated."