Associated Press Gore Urges Court To Set Standards By Linda Deutsch TALLAHASSEE, Fla. (AP) -- George W. Bush's legal team
filed a surprise brief with the Florida Supreme Court on
Tuesday questioning the justices' authority in a crucial
part of the historic presidential case they are
considering.
Al Gore's attorneys said it looked as if the
Republicans were stalling and they filed an immediate
response, urging the court to go ahead with its decision
and to set standards on disputed manual vote recounts.
The Democratic attorneys accused the Republicans of
raising a ''parade of horribles'' to steer the court
away.
The justices worked into the night Tuesday.
''There are a lot of knitted brows here,'' said court
spokesman Craig Waters. ''There's a lot of seriousness
and a lot of humility.''
In the court filings earlier, the Bush lawyers
contended the court was ''without power'' to set
standards for the counting of ballots by county
canvassing boards.
The issue of what rules should be applied to such
things as ''dimpled ballots'' -- those with indentations
but not punched through -- was raised in oral arguments
Monday and also was addressed in the response brief to
the court from Gore's lawyers. Republican Bush's legal
team said it was too late, that the issue should have
been raised earlier.
In a telephone conference Tuesday, Bush lawyer
Michael Carvin said he did not respond on the issue when
it was raised in a Democratic brief on Sunday because he
was preparing his oral argument. ''I didn't think anyone
would take this very seriously,'' he said.
Bush's lawyers suggested that the court should not
even address the issue of a voter's intent when punching
a ballot.
''This is an intensely fact-bound question, and there
is no existing Florida law on this question. It would
thus be particularly inappropriate to decide this
question in this legal and evidentiary vacuum. At a
minimum, if the court does proceed, we request an
opportunity to be heard on this question,'' the Bush
lawyers argued.
The Gore lawyers responded: ''The issue is one of law
appropriate for determination by this court. ... It does
not present factual issues.''
Jenny Backus, a spokeswoman for the Democratic Party,
said of the Bush filing: ''It's not only highly unusual.
It has the appearance of being an attempt to delay
action by this court.''
The Bush brief said there was ''an extremely tight
timeframe for consideration of these issues,''
suggesting officials had already missed the last
deadline for certifying the election in time to allow it
to be contested properly.
Bush's lawyers said state law requires a 22-to-27 day
period for candidates to contest certified results,
meaning the state should have certified the vote by
Monday of this week ''at the very latest.''
In case they lose in Florida, Republican lawyers were
prepared to seek an emergency appeal directly to the
U.S. Supreme Court, bypassing lower federal courts where
they have suffered setbacks.
Florida Gov. Jeb Bush, the Republican candidate's
brother, said he expected a conclusion soon. ''This is
going to come to an end, and the rule of law will
prevail, and we'll move on,'' he said.
The 11th U.S. Circuit Court of Appeals in Atlanta is
considering George W. Bush's efforts to stop the
recounts but set a timetable Tuesday that would allow
some written arguments to be filed as late as Nov. 29 --
with the counting proceeding in the meantime.
In another brief filed with the Florida Supreme Court
Tuesday, Broward County's canvassing board said it was
waiting for the justices to rule on the question of what
ballots could be counted -- ''and it is imperative that
it be resolved immediately.''
Before the day's briefs were filed, the justices
already were faced with multiple choices in crafting a
decision for history that would end the stalemate
holding up the selection of the nation's 43rd president.
Some experts suggested the court could choose not to
rule at all.
The scenario they posed was that if the continuing
recounts weighed in favor of Bush, then Gore might
concede the election before the court issued its ruling.
''There is a strong incentive to delay,'' said
election law scholar Richard L. Hasen, who said the
court may be waiting to see the outcome of hand recounts
in heavily Democratic Palm Beach County.
So far, the count there has not added significant
numbers of votes to Gore's tally.
''The court is concerned about issuing a ruling that
might be perceived as partisan,'' Hasen said, noting
that the justices are Democratic appointees.
Legal analysts said that while the justices face a
perplexing task -- interpreting conflicting state
statutes for the first time -- their choices are fairly
clear.
Loyola University law School Professor Laurie
Levenson outlined three possibilities. The justices
could:
-- Lift their own injunction and allow Secretary of
State Katherine Harris to certify the election results
without further recounts -- but with the potential for
the Democrats to challenge the certification.
-- Allow recounts to continue according to a specific
schedule ensuring that Florida's 25 electoral votes
would be submitted by the Dec. 12 deadline.
-- Set up a schedule and specific standards for
counting questioned votes such as the ''dimpled''
ballots.
''There are a myriad options here,'' said Levenson.
''The court is very aware of the time pressures on
everybody.''
She also raised the possibility of a concession
making the court's ruling moot.
But concession clearly is not a word in the current
Gore vocabulary. He is pressing for the recounts in
hopes of overtaking Bush's 930-vote lead in the
statewide election. Bush is hoping to shut the recounts
down.
If Harris certified a Bush victory, the Gore camp
could contest it under a state law that allows an
election to be challenged if a number of legal votes
were rejected ''sufficient to change or place in doubt
the result of the election.''
The catch in that plan, said Hasen, is that for Gore
to challenge the election, he must have access to the
results of the completed hand recounts -- which may not
be finished until December in some counties.
The court's Web site acknowledged the press of public
interest, posting this notice: ''Please do not call the
court expecting to speak with a justice about the
election cases.''
http://www.flcourts.org/
http://www.firn.edu/supct/
Copyright © 2000 Associated Press. All rights reserved.
November 21, 2000