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

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

      [ Parent ]

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