Word: legality
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Dates: during 2000-2000
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...What does Florida law say about which undervotes count? Nothing, which is the problem. The legislature has said only that a legal vote exists if there is "clear indication of the intent of the voter," a frustratingly rubbery phrase. In its Friday ruling ordering counts of the undervotes, the Florida Supreme Court simply quoted that vague guideline. Nor did Judge Terry Lewis, who was implementing the hand count, offer any specifics. So on Saturday, before the U.S. Supreme Court halted the counting, each of 64 canvassing boards was making its own decisions - on dimples, on who would observe the counts...
...majority opinion wondered aloud whether these undervotes were even legal votes at all. Clearly they had some further questions about the Florida Supreme Court's second shot at reading (and, arguably, writing) Florida law, and clearly they didn't like what that decision had wrought. And they seem poised to do more than tinker with the details...
...During the course of her trial Judge Clark had repeatedly questioned whether that remedy was appropriate, but she had seemed willing to be convinced, and had repeatedly denied the Bush team's attempts to dismiss the case or boil it down to a "summary judgment" on the legal issues. Then at 12:30, the expected rulings were delayed until 2:15 - to a groan from the assemblage of reporters - because "one of the judges, I'm not going to say which one," said court spokesman Doug Smith, "needs more time to consider her ruling." Laughs...
...counters assemble across Florida and Judge Sauls rubs his temples in anguish, both Gore and Bush have preemptive strikes to make. Gore has already prepared a legal and public-relations assault on the Florida legislature in general and Jeb Bush in particular. Saturday he releases the hounds...
...Bush's legal team has already requested an emergency injunction against the count while they march the case straight back to the highest court in the land. The U.S. Supremes, acting hesitantly, have already "vacated" one of the Florida high court's rulings, finding that it needed to be clarified. How will they look at this sharply divided ruling? They can end this with one ruling, or decide that their Florida brethren finally got it right. Or lock their chamber door and let the counters sort...