Environment & Energy

We show that the butterfly ballot used in Palm Beach County, Florida, in the 2000 presidential election caused more than 2,000 Democratic voters to vote by mistake for Reform candidate Pat Buchanan, a number larger than George W. Bush’s certified margin of victory in Florida. …

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Held: Because it is evident that any recount seeking to meet 3 U. S. C. § 5's December 12 "safe-harbor" date would be unconstitutional under the Equal Protection Clause, the Florida Supreme Court's judgment ordering manual recounts is reversed. The Clause's requirements apply to the manner in which the voting franchise is exercised. Having once granted the right to vote on equal terms, Florida may not, by later arbitrary and disparate treatment, value one person's vote over that of another. See, e. g., Harper v. Virginia Bd. of Elections, 383 U. S. 663, 665. The recount mechanisms implemented in response to the state court's decision do not satisfy the minimum requirement for nonarbitrary treatment of voters. The record shows that the standards for accepting or rejecting contested ballots might vary not only from county to county but indeed within a single county from one recount team to another. In addition, the recounts in three counties were not limited to so-called undervotes but extended to all of the ballots. Furthermore, the actual process by which the votes were to be counted raises further concerns because the court's order did not specify who would recount the ballots. Where, as here, a court orders a statewide remedy, there must be at least some assurance that the rudimentary requirements of equal treatment and fundamental fairness are satisfied. The State has not shown that its procedures include the necessary safeguards. Upon due consideration of the difficulties identified to this point, it is obvious that the recount cannot be conducted in compliance

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According to a massive months-long study commissioned by eight news organizations in 2001, George W. Bush probably still would have won even if the U.S. Supreme Court had allowed a limited statewide recount to go forward as ordered by Florida’s highest court.

Bush also probably would have won had the state conducted the limited recount of only four heavily Democratic counties that Al Gore asked for, the study found.

On the other hand, the study also found that Gore probably would have won, by a range of 42 to 171 votes out of 6 million cast, had there been a broad recount of all disputed ballots statewide. However, Gore never asked for such a recount. The Florida Supreme Court ordered only a recount of so-called "undervotes," about 62,000 ballots where voting machines didn’t detect any vote for a presidential candidate.

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