Oops. That should read 7-2. From the wiki: "Seven justices (the five Justice majority plus Breyer and Souter) agreed that there was an Equal Protection Clause violation in using different standards of counting in different counties."
Oh. The 9-0 was for Bush v. PBC canvassing board, thot that's what you meant. Did they ever rule on the different voter roll purging practices from county-to-county? Some allowing felons, some barring saints, some doing both. That's not equal protection, but I guess they weren't ruling on that.
There's sure a lot of confusion here!
Kestrel, you're on the ball - the thread's yours as well.
The Florida election law in effect during the 2000 recount didn't take into account that a recount might be required in a statewide race. Recounts had to be asked for on a county by county basis. If I remember correctly, the possible errors in that county had to be enough to sway the entire race.
(I would check this, but link I had to Florida law as of 2000 no longer works).
I don't know primary sources on the law, but I am still reading a bit. Indeed, a statewide recount was never pursued - just four counties is nightmare enough. the counties specified for hand counts were Palm beach (PBC), Miami-Dade, Volusia, and Broward, and represented "nearly one-third of the total ballots statewide."
For the record, I checked for Fund's book but no luck at my local library. I got Palast's book tho, the Bush V Gore book (compiled rulings + essays, ed Kristol and someone, right leaning), the Miami Herald investigation book version, and Wash Post's Deadlock book. The las has some interesting bits on this. How it was decided in PBC, on Nov 11, the canvassing board met to meet the Gore campaign's challenge - a manual recount would be decided if enough errors surface on a sample run of 1% of county ballots, from four precincts selected by the Gore camp.
The three-person panel was SoE LePore (reistered Dem at the moment), Carol Roberts (Dem, county commission), and chaired by Circuit Judge Charles Burton ("an enigma"). If the panel decided the sample was problematic, a county-wide re-count would be required. [p 86-87]
Gore's lead lawyer Kuehne pushed for inclusion of all marks of voter intent - pinpricks, hanging and dimpled chads. Personally I think that's the right way to go for non-partian reasons. But it was also political - "Democrats make more mistakes than Republicans," one expert says. LePore explained this was against standard PBC policy - the neddle had to have passed though the ballot. Dimpled ballots were thus out, ruled under-votes (ie - voter intent was ruled to NOT VOTE FOR PRESIDENT AT ALL).
From there they discussed various acceptable standards - three-corners rule, etc. At first they proceded on the "sunshine rule" - as long as you could chad was separated enough you could see sunlight trough part of it. Fairly liberal, basically a one-corner rule. Bush's leadllawyer Mark Wallace consented until he saw too many Gore votes laid down. "They were finding light and glimmers of hope," he later explained his objection. [88] Kuehne suspected Judge Burton was working with the Bush team. One day he took a long lunch break (actually visiting with K Harris' lawyer Carpenter to discuss the standards) and came back to announce the sunshine rue was no good - at least two corners had to be broken.
Final result - 33 more gore votes, 14 for Bush. Roberts decided this justified a full recount and announced so to Dem cheers and Repub jeers. Carpenter passed on Harris' view - that "only evidence of machine malfunction or a natural disaster" would justify a re-count." LePore, author of the butterfly ballot, retorted "The vote difference ... was not due to machine error." Nonetheless, "Roberts and LePore voted to proceed. Burton voted no." [89]
A passage, p 90
tens of thousands of ballots across Flroida had registered no vote on the counting machines, and they were overwhelmingly concentrated in Democratic precincts. Could anyone truly believe that all those people turned out to vote but then skipped the biggest race on the ballot?
Probably not. But since more of these active non-voters happen to also bump the Gore spot in a non-voting way, then state law permitted people to
pretend they believed that.