November 18, 2000
Saturday, October 23, 2004, 10:58 PM
NYT Headline: "Florida Court Bars Naming a Winner; Bush Lead Grows With Overseas Tally".

And one of the subheadings: "Manual Count Goes On in a Day of Confusion and Court Rulings".

Hre's the entire text of the Florida Supreme Court's order:

"In order to maintain the status quo, the Court, on its own motion, enjoins the Respondent, Secretary of State and Respondent, the Elections Canvassing Commission from certifying the results of the November 7, 2000, presidential election, until further order of this Court. It is NOT the intent of this Order to stop the counting and conveying to the Secretary of State the results of absentee ballots or any other ballots."

Because of the overseas votes, Bush's lead grew in the last day. The numbers:

Officially certified vote, as of Nov. 14: Bush, 2,910,492 and Gore 2,910,192 with Bush leading by 300 votes. Overseas ballots counted the previous day: Bush, 1,057 and Gore, 597, with a gain of 460 for Bush. Unnoficial hand recounts showed a gain of 48 for Gore, which works out to a net lead of 712 for Bush.

Officials in Miami-Dade Counry voted to conduct a full manual recount after the Florida Supreme Court order came down. They had about half a million votes to examine.

The full 11th Circuit Court of Appeals denied the Bush campaign's request to block further hand recounts.

In the meantime, officials in different counties were counting absentee ballots differently. Katherine Harris issued instructions that a ballot, if signed by Election Day but postmarked afterwards, should still be counted. So, some counties counted them if they were postmarked at all, some counted them even without a postmark, and some refused to count them unless the postmark was by Election Day. I guess that about covers all the options, doesn't it? Here's an excerpt from the coverage:

"Counties applied vastly different standards in deciding whether to throw out ballots. A few county officials openly defied the Florida secretary of sate's instructions to accept otherwise valid ballots from overseas that were postmarked after Election Day. Others freely admitted that they did not understand those instructions.
...
'It seems like everybody's been changing the rules to suit their satisfaction,' Fred Galey, the Brevard County supervisor of elections, said dryly. 'This certainly has been educational.' "

Oh, yes, and the same day, Judge Lewis in federal court denied a motion to force Harris to accept the recounted votes tallied after Nov. 14th. Harris argued that only "proof of fraud, noncompliance with election procedures, or a natural disaster could justify accepting the late returns". The Dems argued that this was not an exercise of her discretion but was instead an abuse of that discretion.

You know, I remember when we were living through this that it all sort of made sense to me at the time. That is, I could tell you what lawsuits were going on, in what order, and which ruling depended on which bizarre behavior by which government official(s). But, looking back on this now, I haven't got a f*cking clue.

I'll close with a thought about lawsuits from Judge Burton, talking about the ongoing recount in Palm Beach County:

" 'It's both sides,' said Mr. Burton of the constant challenges that have bogged down the process inside the Palm Beach County Emergency Management Center. 'I'm not blaming anybody. Lately, every time someone coughs or sneezes, it results in another lawsuit.' "


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The lawsuit issue that just keeps on giving
Saturday, October 23, 2004, 08:37 PM
That would be provisional ballots. Yes, I'm finally writing up the survey I've been promising to do, and I'm kinda bummed about it because until today, we had this great ruling from Judge Carr in federal court in Ohio which I wanted to quote from. But today it got overturned. Well, heck, maybe I'll quote from it anyways.

The story is, for those of you not watching Ohio like hawks (and why aren't you?), that Sec. of State Blackwell sent out a directive to county officials that provisional ballots would not be given to voters who appeared at the wrong precinct.

Then the Democratic Party sued in federal court for a preliminary injunction. Judge Carr granted the motion for an injunction and ordered Blackwell to issue a new directive by Oct. 18th that would be in compliance with HAVA (the Help America Vote Act).

On Oct. 20th, two directive versions later, Judge Carr was clearly disgusted with Blackwell's foot-dragging. Read excerpts of his final ruling here.

In the meantime, Blackwell appealed, of course, and the Sixth Circuit chimed in today, overturning Judge Carr's ruling. Yes, they ruled on a Saturday. The text still isn't on their web site, and the story just came out over AP a couple hours ago, with no quotes from the ruling anywhere as of yet.

This map is probably already out of date, but it shows the states which count provisional ballots only if you're at the right precinct, those that count them no matter what, and those where you can register to vote right on the spot. The map doesn't show which states only count parts of the ballot if you're in the wrong precinct, or which parts those are.

If you're a glutton for punishment, you can follow all of the litigation via the Election Law site. I'm sure there will be more along soon.



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November 17, 2004
Friday, October 22, 2004, 11:03 PM
NYT Headline: "Florida's High Court Rules Recounts Can Go On".

The lead paragraph:

"The Florida Supreme Court ruled today that at least two largely Democratic counties ould continue recounting ballots by hand, but a welter of pending legal challenges left in unclear whether any such votes would officially count in determining the outcome of the presidential race."

You can count 'em, but they might not count. Uh huh.

Jeb Bush finally put in a reappearance at the state capitol after days of keeping a low profile. Bush was photographed hanging out at his 1,500 acre ranch.

Palm Beach County's recount was back on, after the Florida Supreme Court decision. Thev olunteers started late that night and expected to take six days to finish.

The new chad standards: hanging and swinging chads would be counted, and ballots with tri-chads and pregnant chads would be put in a separate pile to be counted or not depending on the voter's intention, as best as the counters could discern it.

The hot topic of the day: what is abuse of discretion, and has Katherine Harris done it? That was the issue before Judge Lewis, in state court; in federal court, at the 11th Circuit, media camped out waiting for a decision on the recounts that didn't come.

Gore officially got Oregon and Iowa's electoral votes, still not enough to do him any good.

Yet another article was in the day's paper about our fine election system. "It's that old saying: to err is human, to really screw things up, you need a computer..." (p A29).



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Tech Support Reporting For Duty
Friday, October 22, 2004, 10:37 PM
Ugh, that does sound rather militaristic, doesn't it? Well, it's better than "Tech Support is on the way", or any other variant on a certain presidential candidate's catchy slogans in the debates.

I got my assignment from the Verified Voting folks a couple days ago, and due to the Red Sox debacle I forgot to report it! I get to do tech support for all those folks calling in from the field Nov. 2 with polling issues. Guess I'd better look at the software, huh? Wow, phone support for lawyers, just what I've always wanted *cough cough*.

So I'm going to put off provisional balloting one more day and tak about paper ballots and DRE's (electronic voting machines). Here in Alameda County, we have Diebold Accu-somethings. Accu-my-*ss, but they don't say that on the faceplate.... Anyways, I have decided to be one of the folks who requests a paper ballot, if I can just be assured that it gets counted. I can't tell if this is the same as a provisional ballot. I finally found in the California election code in some fine print what happens to provisional ballots; if you're in the right couny, they get counted, and every item gets counted if it would be on the ballot you got at the *right* precinct. That's not bad compared to some other states, no, don't bother hovering for a link because I'm not linking to any of those stories til *tomorrow* so hold your horses!

Nowhere in the election code, however, can I find a reference to paper ballots that are given out as an alternative to touch-screen voting. Do they count? This is not an academic question. Guess I'll be one of the folks flooding the Sec. of State's voting hotline with calls. (1-800-345-VOTE.)

I did get my voter registration card in the mail today, which gives me hope that my name will actually be on the rolls. Hope is on the way. Hey, that would be a great campaign slog-- ouch! Knock it off! Ow! Ow! That hurts!



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November 16, 2000
Friday, October 22, 2004, 11:49 AM
NYT Headline: "Florida Says No to Further Recounts as Bush Dismisses Overture From Gore".

Here's an excerpt from Katherine Harris's statement given the night before:

"After Judge Lewis's decision yesterday morning, my staff and I, along with counsel, developed criteria appropriate to the exercise of my discretion under Florida law. This criteria is clearly set forth in Florida case law.

For the past six hours, I have applied these criteria in deliberating upon the specific requests of the counties contemplating manual vote recounts. As a result of these deliberations, I've decided it is my duty under Florida law to exercise my discretion in denying these requested amendments. The reasons given in their requests are insufficient to warrant waiver of the unambiguous filing deadline imposd by the Florida Legislature."

In Palm Beach County, the recount was halted for the fourth day in a row while the board members waited for a ruling from the state Supreme Court on whether or not the manual recount was legally authorized.

In the courts, we had the following:

"In a unanimous one-page ruling late today, the Florida Supreme Court denied a request from the state's secretary of state, Katherine Harris, to block [the hand recounts]."

Also, "a federal appeals court in Atlanta agreed to hear Mr. Bush's request for an injunction to block any further recounts as unconstitutional, paving the way for possible review by the United States Supreme Court."

Gore proposed that the two campaigns accept either the results of the two manual recounts in progress, plus the overseas ballots yet to be counted, or to have a full recount of all 67 counties in Florida and abide by that. The Bush camp swiftly rejected the proposal.

Statisticians predicted that the overseas ballots would favor Bush by about 55% to Gore's 43%.

And meanwhile, back on Capitol Hill...

"Representative Tom DeLay, the Republican leader who drove the House forward to impeachment, has sent a staff memorandum to Congressional Republicans pointing out that the House and Senate can reject a state's electoral votes if they decide that the votes are tainted."

Bush and Gore both gave televised statements, a quote from each on the front page below a corresponding mug shot. Bush's quote:

"Manual counting, with individuals making subjective decisions about voter intent, introduces human error and politics into the vote-counting process."

Yeah, but as any computer tech person knows, leaving it to the computers is a guaranteed recipe for error. I *still* can't believe that some of these e-voting systems run on .... Windoze. Come on, I mean, throw me a friggin' bone here!


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