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View Diary: A Letter to Justice O'Connor (114 comments)

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  •  Overvotes WERE being counted on 12/9/00 (17+ / 0-)

    when the count was stayed.  That's why Gore was picking up net votes in Orange (a purple county at the time) and Lake (a red county).  2 days later, I spoke to someone who personally witnessed one of those counts and who knew people who witnessed the other count.  

    I will spare the details here of the travesty of the Seminole  County absentee ballot case.  I will merely note that, on 12/7/00, Barry Richard argued in a trial court that election statutes should be broadly construed, and in the FL Supreme Court that they should be narrowly construed.  His client ended up prevailing on this contradictory argument in both cases.

    If you're looking for legal error, it occurred in the absentee ballot cases.  It's an error that I recognized at the time it was being made.  Then again, we're supposed to look forwards, not backwards.

    Some men see things as they are and ask why. I dream of things that never were and ask why not?

    by RFK Lives on Mon Apr 29, 2013 at 07:25:44 PM PDT

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    •  "Overvotes" involved voting for Gore twice, BTW (10+ / 0-)

      Once in the regular punch hole, and once on the write-in line.  They were perfectly valid votes under FL law.

      Some men see things as they are and ask why. I dream of things that never were and ask why not?

      by RFK Lives on Mon Apr 29, 2013 at 07:34:22 PM PDT

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    •  No, overvotes were NOT being counted. (1+ / 0-)
      Recommended by:
      polecat

      The December 8, 2000 decision of the Florida Supreme Court, the one that the SCOTUS halted, can be found here:  

      Although we find that the appellants are entitled to reversal in part of the trial court's order and are entitled to a manual count of the Miami-Dade County undervote, we agree with the appellees that the ultimate relief would require a counting of the legal votes contained within the undervotes in all counties where the undervote has not been subjected to a manual tabulation. Accordingly, we reverse and remand for proceedings consistent with this opinion.
      Only undervotes were involved.  
      •  Overvotes were being counted in at least 2 (8+ / 0-)

        counties at the time of the stay.  I know that from discussions I had back then.  The core principle of FL law that this decision applied, the "will of the voter" standard from the Boardman and Beckstrom line of cases, could not be restricted to undervotes.

        Overvotes where a voter punched the hole next to "Gore" and wrote in his name on the bottom of the ballot were perfectly legal ballots under FL law.  They're ballots that could only be picked up in a hand recount, as the counting machines would spit them out.  They constitute the real story of this oft-misunderstood travesty.

        Some men see things as they are and ask why. I dream of things that never were and ask why not?

        by RFK Lives on Mon Apr 29, 2013 at 08:17:45 PM PDT

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