Let the recounts resume

Sat, 09 Dec 2000 19:25:00 +0000

Although the Florida Supreme Court split 4-3 on whether to order a hand count, it was unanimous on one point: The results of any count must be final by Tuesday, Dec. 12. Now, with the U.S. Supreme Court's 5-4 split decision to stop the hand counts pending oral arguments on Monday morning, that goal cannot be met, even if the hand counts are eventually allowed to resume.

So Dec. 12 continues to be important. What is its meaning? The truth is that Dec. 12 is a self-inflicted deadline that puts finality ahead of accuracy when accuracy is clearly the greater value. It's a grave mistake to believe that the Florida contest has to end just because a hand count cannot be completed before that date.

The state Supreme Court was not alone in promoting the myth that the clock must stop on Dec. 12. Texas Gov. George W. Bush and the Florida Legislature made the same argument. At least, we can understand their reason. With that deadline, Bush's chances of remaining ahead are stronger. But many less partisan observers also mistakenly accepted Dec. 12 as a deadline. The explanation for this error requires a brief tour through federal election law.

Salon.com > Stephen Gillers

Let the recounts resume