points by rayiner 9 years ago

There is a lot of misinformation about what happened in the 2000 election and about the Florida recount.

In the 2000 election, the close result in Florida triggered an automatic machine recount under Florida law. The machine recount still had Bush leading. So Gore sought hand recounts in only four heavily-Democratic counties. The Florida Supreme Court then ordered statewide hand recounting only of "undervotes" (ballots where the machine failed to detect any vote for any candidate). But the recount process itself was a total disaster: http://www.factcheck.org/2008/01/the-florida-recount-of-2000. The various counties doing the recounts were applying totally different standards to counting the votes.

In a 7-2 decision,[1] the Supreme Court held that the Florida recount violated the Constitution's "Equal Protection Clause," which requires the law to be applied equally to all people. It found that recounting only some ballots and recounting them using different standards in different places resulted in unequal application of the law based on where people voted.

In my opinion,[2] the Supreme Court got it right. The right thing to do would have been to stop after the machine recount. There is no way a hand recount was going to be a more fair and trustworthy process than the machine recount. The machine might not properly count what everyone intended to vote (e.g. because they didn't punch out the chad on the voting card all the way), but machine error is going to be random. Hand counting, on the other hand, will be biased toward favored candidates. Moreover, a subsequent $1 million study commissioned by news organizations found that Bush still would've won under most recount scenarios.

[1] The oft-reported "5-4" decision in Bush v. Gore was not about whether the recount was valid. 7 of 9 Justices agreed it was not. It was about whether Florida still had time to do a proper state-wide recount within the statutory deadline.

[2] I was too young to vote in 2000, but at the time I supported Gore. I too was infuriated about the 2000 election until I actually studied Bush v. Gore in law school.