Presidential Election Law - Lawsuits, Electoral College, Glossary, Commentary

PRESIDENTIAL ELECTION LAW/The Recount

... edited by Tony Sutin, Dean and Assoc. Professor, Appalachian School of Law

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[last updated and archived December 14, 2000] We welcome your feedback and questions: e-mail JURIST@law.pitt.edu
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Lawsuits and Documents

The Florida recount unleashed a veritable blizzard of lawsuits, opinions, orders and letters. This annotated collection is selective, and is designed to highlight major developments in the leading cases (for additional documents, see the institutional links indicated, or click here). All key documents included are in PDF format unless otherwise indicated, and require the Adobe Acrobat Reader.

Federal Courts (U.S. Supreme Court, 11th Circuit, District Court)

The Bush Campaign and certain Florida voters assert that the Florida recount raises constitutional issues within the jurisdiction of the federal courts.

Bush v. Gore

Request for U.S. Supreme Court stay and review of the December 8, 2000 ruling of the Florida Supreme Court in Gore v. Harris (see below) holding that manual recounts should resume. On December 12, 2000, in a split decision which effectively ended the recount controversy and ensured George W. Bush's status as President-elect, the Court reversed the Florida Supreme Court and remanded the case for final order and certification.

... read the Bush Campaign's Emergency Application for a Stay Pending Certiorari
... read the Gore Campaign's Opposition to Emergency Motion for a Stay Pending Certiorari
... read the Bush Campaign's Supplemental Memorandum in Support of Emergency Application for a Stay
... read the United States Supreme Court Order granting stay and certiorari
... read the Bush Campaign's brief on the merits
... read the Gore Campaign's brief on the merits
... read the Florida Secretary of State's brief on the merits
... read the Florida Legislature's amicus brief
... listen to the oral argument [C-SPAN] (December 11, 2000)
... read the Opinion of the Court (December 12, 2000) [PDF also available, including the Per Curiam Opinion, and separate Opinions by Chief Justice Rehnquist, Justice Stevens, Justice Souter, Justice Ginsburg and Justice Breyer]
... read the Court's Mandate to the Florida Supreme Court
... additional documents filed with the United States Supreme Court

Bush v. Palm Beach County Canvassing Board

Request for U.S. Supreme Court review of the November 21, 2000 ruling of the Florida Supreme Court in Palm Beach County Canvassing Board v. Harris, (see below) holding that hand recounts may continue. The Supreme Court granted certiorari and heard oral arguments on December 1. On December 3, it issued a per curiam Opinion vacating the Order of the Florida Supreme Court and remanding the case to that court for further proceedings.

... read the Bush Campaign's petition for a writ of certiorari to the U.S. Supreme Court
... read the Gore Campaign's brief in opposition
... read the Bush Campaign's reply brief
... read Florida Secretary of State Katherine Harris' response
... read the U.S. Supreme Court Order granting certiorari in Bush and denying certiorari in Siegel
... read the amicus brief of the Florida Senate and House of Representatives
... read the Bush Campaign's brief
... read the Gore Campaign's brief
... read the Florida Attorney-General's brief
... read the Florida Secretary of State's brief
... read the Palm Beach County Canvassing Board's brief
... read the Gore Campaign's reply brief
... read the Florida Secretary of State's reply brief
... read the Bush Campaign's reply brief
... read the Florida Attorney-General's reply brief
... read the Gore Campaign's supplemental brief
... listen to the oral arguments (C-SPAN)
... read a transcript of the oral arguments
... read the Opinion of the Court (December 3, 2000)
... read the Mandate to the Florida Supreme Court
... additional documents filed with the United States Supreme Court

Siegel v. LePore

In this case (and Touchston, see below) the plaintiffs asserted equal protection and other constitutional violations stemming from the ongoing manual recounts. A federal district court judge and the U.S. Court of Appeals for the 11th Circuit both declined to issue an injunction to halt the recounts. The 11th Circuit noted that the primary responsibility for the election rested with the State of Florida and its courts. The United States Supreme Court denied certiorari from the injunction ruling on November 24, 2000. The 11th Circuit heard oral argument on the merits on December 5, 2000 and handed down its Opinion on December 6, 2000, affirming the denial of the injunctions.

... read the Complaint (HTML Washington Post)
... read the Emergency Motion for a temporary restraining order
... read U.S. District Court Judge Donald Middlebrooks' Order [HTML excerpts Miami Herald] (November 13, 2000)
... read the Bush Campaign's Complaint to the U.S. Eleventh Circuit Court of Appeals (HTML Atlanta Journal-Constitution)
... read the Order of the U.S. Eleventh Circuit Court of Appeals [applying to both Siegel and Touchston] (HTML Atlanta Journal-Constitution) (November 17, 2000)
... read the Bush Campaign's petition for a writ of certiorari to the U.S Supreme Court
... read the U.S. Supreme Court Order denying certiorari in Siegel and granting certiorari in Bush
... read the Order on oral argument
... read the Opinion of the Court (December 6, 2000)
... additional documents filed with the 11th Circuit Court of Appeals

Touchston v. McDermott

... read the Motion for Injunction Pending Appeal
... read the Order of the U.S. Eleventh Circuit Court of Appeals (HTML Atlanta Journal-Constitution) (November 17, 2000)
... read the Opinion of the Court (December 6, 2000)
... additional documents filed with the 11th Circuit Court of Appeals

Harris et al. v. State of Florida Election Canvassing Commission et al.

As Medina v. Florida Election Canvassing Commission, this suit originally revolved around the counting of absentee ballots that were not received by election day, as Florida statute alledgedly requires. The case was later removed to the U.S. District Court (Florida Northern), where it was joined with Harris v. Florida Elections Canvassing Commission. On December 9, 2000, Judge Maurice Paul ruled against the plaintiffs, finding no basis for rejecting the ballots in state or federal law.

... read the original Complaint in Circuit Court
... read Judge Maurice Paul's Order (U.S. District Court, Florida Northern)
... read the 11th Circuit Court of Appeals' Opinion upholding Judge's Paul's Order (December 11, 2000)

Bush v. Hillsborough County Canvassing Board

The Bush Campaign sued the Hillsborough County Canvassing Board for rejecting overseas undated and unpostmarked absentee ballots (including military ballots). On December 8, 2000, Judge Lacey Collier refused to order the inclusion of undated ballots, but said that rejection of ballots for lack of a postmark only was contrary to federal law.

... read the Bush Campaign's Memorandum in Support of Complaint
... read Judge Lacey Collier's Declaratory Judgment (U.S. District Court, Florida Northern)

Jones v. Bush

This lawsuit alleged that Republican VP candidate Cheney's August trip to Wyoming to register to vote in that state was insufficient to make him an "inhabitant" of Wyoming and no longer an inhabitant of Texas. The Twelfth Amendment to the U.S. Constitution provides a state's electors may not vote for a President and Vice President if both are inhabitants of the same state with themselves. On December 1, U.S. District Court Judge Sidney Fitzwater, sitting in Dallas, ruled that the plaintiffs lacked standing to pursue this claim and went on to rule that Mr. Cheney cannot be considered an inhabitant of Texas, given his "intent that Wyoming be his place of habitation." On December 7, 2000 the U.S. Fifth Circuit Court of Appeals upheld Judge Fitzwater in an oral ruling from the bench.

... read the Complaint
... read the Judge Sidney Fitzwater's ruling (December 1, 2000)

State Courts (Florida Supreme Court, Circuit Court, County Court)

The Florida state courts are responsible for interpreting Florida election law.

Gore v. Harris et al.

The Gore Campaign contested the certified returns and sought manual recounts in three Florida counties: Miami-Dade, Nassau and Palm Beach. After an adverse ruling at trial from Judge N. Sanders Sauls, the Florida Supreme Court ruled that manual recounts should resume. The Bush Campaign immediately sought stays from various courts, and certiorari from the U.S. Supreme Court. The Florida Supreme Court and the U.S. 11th Circuit declined to issue stays, but the U.S. Supreme Court issued a stay mid-afternoon on Saturday, December 9, and scheduled oral arguments in Bush v. Gore (see above) for Monday, December 11, 2000. On December 12, 2000, in a split decision, the U.S. Supreem Court reversed the Florida Supreme Court and remanded the case back to that Court for further proceedings consistent with its order.

... read the Gore Campaign's Complaint
... read the Gore Campaign's Emergency Motion to Shorten Time
... read the Gore Campaign's Motion to Count Miami-Dade Ballots
... read the Gore Campaign's Motion to Enter Expedited Scheduling Order
... read the Secretary of State's Notice of Objection to Plaintiffs' "Expedited Trial Calendar"
... read the Bush Campaign's Objection to Plaintiffs' Proposed Expedited Schedule
... read the Palm Beach Canvassing Board's Answer to the Gore Complaint
... read the Gore Campaign's Emergency Motion to Commence Counting of Votes in Miami-Dade and Palm Beach Counties
... read the Order Requring the Delivery of Certain Ballots from Palm Beach and Miami-Dade counties
... read the Gore Campaign's Notice of Appeal
... read the Gore Campaign's Petition to the Florida Supreme Court
... read the Nassau County Canvassing Board's Answer
... read the Miami-Dade County Canvassing Board's Answer to the Emergency Motion to Shorten Time
... read the Bush Campaign's Motion and Memorandum in Support of Motion to Dismiss
... read the Florida Secretary of State's Answer
... read the Bush Campaign's Opposition to Plaintiff's Motion to Count the Ballots from Miami-Dade County
... read the Bush Campaign's Answer
... read the Order of the Florida Supreme Court [refusing to order restart of recount] (December 1, 2000)
... read the Transcript of the Order from Judge N. Sanders Sauls (December 3, 2000)
... read the Certification Order by the 1st District Court of Appeal to the Florida Supreme Court
... read the Palm Beach County Canvassing Board's Answer
... read the Miami-Dade County Canvassing Board's Answer
... read the Nassau County Canvassing Board's Answer
... read the Florida Secretary of State's Answer
... read the Gore Campaign's Brief
... read the Bush Campaign's Brief
... watch the oral arguments (C-SPAN; December 7, 2000)
... read a transcript of the oral arguments (December 7, 2000)
... read the Bush Campaign's Clarification
... read the Gore Campaign's Reply
... read the Opinion of the Florida Supreme Court (December 8, 2000)
... read Judge Terry Lewis's Order on recount procedures
... read the Bush Campaign's Petition for Stay (Florida Supreme Court)
... read the Gore Campaign's Response in Opposition to Petition for Stay
... read the Florida Supreme Court Order Denying Stay
... read the Bush Campaign's Emergency Application for a Stay Pending Certiorari (United States Supreme Court)
... read the United States Supreme Court's Mandate to the Florida Supreme Court pursuant to Bush v. Gore
... read the Florida Supreme Court Order on remand from the U.S. Supreme Court
... read the Florida Supreme Court Opinion on remand from the U.S. Supreme Court (December 22, 2000)
... additional documents filed with the Florida Supreme Court

Jacobs v. Seminole County Canvassing Board et al.

This suit was initially filed by a voter in Seminole County challenging allegedly unlawful assistance given by county election officials to Republican workers who added missing information to absentee ballot applications; it sought disqualification of some 10,000 absentee ballots cast in that county and counted in the Secretary of State's certification. The case was refiled as an election contest and was heard by Florida Circuit Court Judge Nikki Clark; on December 8, 2000, she ruled that despite ballot application irregularities, the election results would stand and no ballots would be set aside. The Supreme Court of Florida upheld her ruling on appeal on December 12, 2000.

... read the Complaint
... read the Bush Campaign's Suggestion of Disqualification of Trial Judge
... read the Order Denying Motion to Disqualify
... review the Documents Transferred from Seminole County
... read the Memorandum of Law in Support of Motion to Dismiss
... read the Bush Campaign's Motion to Dismiss
... read the Memorandum of Facts and Law
... read the Defendants' Motion for Judgment on the Pleadings
... read the Defendants' Answer
... read the Florida Republican Party's Answer
... read the Bush Campaign's Answer
... read the Bush Campaign's Motion for Summary Judgment
... read the Trial Transcript (Part I; Part II)
... read Judge Nikki Clark's Final Order
... read the Notice of Appeal to the District Court of Appeal
... read the Certification of the case to the Florida Supreme Court
... read Jacobs' Brief to the Florida Supreme Court
... read the Bush Campaign's Answer
... read Seminole County's Answer
... read the Florida Supreme Court's Opinion (December 12, 2000)
... additional documents filed with the Leon County Clerk of Courts

Taylor v. Martin County Canvassing Board et al.

This suit challenges the legality of absentee ballots in Martin County which were partially filled in by Republican workers. On December 8, 2000, Judge Terry Lewis ruled that despite ballot application irregularities, the election results would stand and no ballots would be set aside. The Supreme Court of Florida upheld his ruling on appeal on December 12, 2000.

... read the Complaint
... read the Memorandum of Law in Support of Motion to Dismiss
... read the Answer of the Florida Election Canvassing Commission and Katherin Harris
... read the Bush Campaign's Answer
... read the Martin County Canvassing Board's Motion to Dismiss
... read the Florida Republican Party's Answer
... read the Bush Campaign's Memorandum of Law in Support of Their Amended Motion to Dismiss
... read the Joint Pretrial Stipulation
... read the Bush Campaign's Trial Brief
... read the Plaintiffs' Proposed Findings of Fact and Conclusions of Law
... read the Trial Transcript (Part I; Part II; Part III)
... read Judge Terry Lewis' Final Judgment for Defendants
... read the Notice of Appeal to the District Court of Appeal
... read the Certification of the case to the Florida Supreme Court
... read Taylor's Brief to the Florida Supreme Court
... read the Florida Secretary of State's Answer
... read Martin County Answer
... read the Florida Supreme Court's Opinion (December 12, 2000)
... additional documents filed with the Leon County Clerk of Courts

Brown et al. v. Stafford et al.

This suit is an election contest brought by Duval County voters and the Rev. Jesse Jackson's Rainbow Coalition against the members of the Duval County Canvassing Board, alleging that due to the form of the ballot used in Duval County, many voters were effectively denied their right to vote.

... read the Complaint
... additional documents filed with the Leon County Clerk of Courts

Gore v. Miami-Dade County Canvassing Board

When the Canvassing Board of Miami-Dade County stopped its manual recount on November 23, 2000, the Gore Campaign filed suit for an Order to have it resumed. The Florida Supreme Court refused to issue such an Order. The Gore Campaign subsequently indicated that, under Florida law, it would contest the election in Miami-Dade County (see Gore v. Harris, supra).

... read the Gore Campaign's Petition for Extraordinary Writ
... read the Bush Campaign's Motion to Intervene
... read the Order of the Florida Supreme Court [HTML AP]
... additional documents filed with the Florida Supreme Court

Bush v. Bay County Canvassing Board et al.

The Bush Campaign brought an action to ensure counting of overseas military ballots previously rejected on technicalities. After Leon County Circuit Court Judge L. Ralph Smith, Jr. expressed scepticism about the Bush arguments, the Campaign voluntarily withdrew its suit on November 26, 2000, claiming that the 14 Florida counties named in it were already in "substantial agreement" with the Bush position and so it was not necessary to proceed.

... read the Complaint
... read the Plaintiffs' Emergency Motion for Temporary Restraining Order
... read the Order Granting Temporary Restraining Order
... read the Plaintiffs' Motion for Emergency Injunctive Relief
... read the Notice of Voluntary Dismissal
... additional documents filed with the Leon County Clerk of Courts

Palm Beach County Canvassing Board v. Harris [later consolidated with McDermott, infra]

In response to the Palm Beach Canvassing Board's request for guidance in the face of conflicting legal opinions on the permissiblity of conducting a full manual recout, the Florida Supreme Court authorized the County to proceed with its manual recount. On November 17, the Court barred the Secretary of State from certifying the election results pending oral arguments on Monday, November 20. On November 21, 2000, the Court ruled that manually-recounted votes must be included in the final certified tallies. The Bush Campaign appealed to the United States Supreme Court (see Bush v. Palm Beach Canvassing Board, above), which on December 3, 2000, issued a Opinion vacating the Order of the Florida Supreme Court and remanding the case back to it for further proceedings. That Court issued its Order on Remand on December 11, 2000.

... read Palm Beach County Canvassing Board's Petition for Extraordinary Writ
... read Palm Beach County Canvassing Board's Notice of Amended Factual Allegation
... read Broward County's Petition for Extraordinary Writ
... read Broward County's Motion to Intervene
... read the Florida Attorney General's Motion to Consolidate [with Harris v. Circuit Judges]
... read the Gore Campaign's Motion to Intervene
... read the Bush Campaign's Motion to Intervene
... read the Florida Division of Elections' Opinion 00-13 - Manual Recount Procedures and Partial Certification of County Returns (November 13, 2000)
... read the Florida Attorney General's Advisory Legal Opinion on manual recount (November 13, 2000)
... read the Emergency Petition for Extraordinary Writ
... read the Order (11-15-2000)
... read the Florida Attorney General's Response to the Order of 11-15-2000
... read the Florida Secretary of State's Response to the Order of 11-15-2000
... read the Bush Campaign's Response to the Order of 11-15-2000
... read the Gore Campaign's Intervenor's Brief
... read the Order (11-16-2000) (HTML Associated Press)
... read the Florida Supreme Court's Order Imposing Stay [HTML AP] of election certification (but not recounts) pending decision (November 17, 2000)
... read the Florida Attorney General's Brief
... read the Gore Campaign's Answer
... read the Florida Secretary of State's Answer
... read the Bush Campaign's Answer
... read the Gore Campaign's Brief
... read the full transcript of the Arguments (Atlanta Journal-Constitution)
... watch recorded video or listen to recorded audio of the Oral Arguments (Florida State University/WFSU-TV) [requires RealPlayer]
... read the Opinion [HTML; also in digitized text-to-speech audio]
... read the Mandate from the United States Supreme Court (December 3, 2000)
... read the Florida Supreme Court Order on U.S. Supreme Court Remand
... read the Palm Beach Canvassing Board's Supplemental Brief
... read the Florida Attorney-General's Supplemental Brief
... read the Florida Secretary of State's Supplemental Brief
... read the Gore Campaign's Supplemental Brief
... read the amicus brief of the Florida Legislature
... read the Bush Campaign's Supplemental Brief
... read the Florida Supreme Court's Opinion on Remand
... additional documents filed with the Florida Supreme Court

McDermott v. Harris [now consolidated with Palm Beach County Canvassing Board v. Harris, supra]

This case challenged the Florida Secretary of State's authority to refuse to accept recounted returns after the putative November 14 deadline. On Friday November 17, Judge Terry Lewis ruled that the Secretary, on the limited evidence available, acted within her discretion in declining to include late-filed returns. Before the Secretary of State could certify the Florida returns, however, the Florida Supreme Court issued a stayed pending consideration of the Palm Beach Canvassing Board case (above).

... read Volusia County's Memorandum of Law
... read Volusia County's Motion for Temporary Restraining Order and Preliminary Injunction
... read Volusia County's Complaint
... read Florida Division of Elections Opinion 00-10 - Deadline for Certification of County Results (November 13, 2000)
... read Title IX, 2000 Florida Statutes, 102.112 - Deadline for submission of county returns to the Department of State; penalties
... see also 102.111 - Elections Canvassing Commission
... read Leon County Circuit Court Judge Terry Lewis' Order (November 14, 2000)
... read Volusia County's Notice of Appeal (November 14, 2000)
... read Secretary of State Harris's letter refusing to accept late recount results from Broward County [PDF; see Exhibit B] (November 15, 2000)
... read the Gore Campaign's Emergency Motion to Compel Compliance (November 16, 2000)
... read Leon County Circuit Court Judge Terry Lewis' Order Denying Emergency Motion [HTML AP]
... read the District Court of Appeal Order certifying this case for immediate resolution in the Florida Supreme Court (November 17, 2000)
... additional documents filed with the Leon County Clerk of Courts

Harris v. Circuit Judges of the 11th, 15th & 17th Judicial Circuits of Florida

The Florida Supreme Court denied the request by Florida's Secretary of State to halt manual recounts and consolidate the various pending lawsuits.

... read the Florida Secretary of State's Emergency Petition for Extraordinary Relief
... read the Florida Secretary of State's Supplement to Petition
... read the Gore Campaign's Motion to Intervene
... read the Bush Campaign's Motion to Intervene
... read the Order
... additional documents filed with the Florida Supreme Court

Florida Democratic Party v. Carroll [to compel manual recount in Broward County]

... read the Petition for a Writ of Mandamus

The following cases were launched in Palm Beach County; several were later consolidated:

Florida Democratic Party v. Palm Beach Canvassing Board
In this action Judge Jorge Labarga of the Florida Circuit Court in Palm Beach County was asked to rule on the standards for recounting ballots in Palm Beach, and especially on the appropriateness of considering "dimpled chads" in manually-recounted votes. On November 22, 2000 Judge Labarga ruled that ballots of this type could not be summarily excluded from the recount.
- ... read the Complaint
- ... read Judge Labarga's initial Declaratory Order (November 15, 2000)
- ... read the Florida Democratic Party's Motion for Emergency Hearing to clarify the Declaratory Order
- ... read Judge Labarga's Order

Fladell v. Palm Beach County Canvassing Board [challenging legality of Palm Beach ballot and requesting a re-vote]
- ... read the Complaint
- ... read Palm Beach County Court Judge Jorge Labarga's Order indicating he had no basis on which to authorize a re-vote (November 20, 2000)
- ... read the District Court of Appeal Order certifying this case for immediate resolution in the Florida Supreme Court (November 27, 2000)
- ... read Fladell's Brief
- ... read the Bush Campaign's Answer
- ... read the Florida Secretary of State's Answer
- ... read the Order of the Florida Supreme Court refusing to order a re-vote (December 1, 2000)
Horowitz v. LePore [class action challenging legality of Palm Beach ballot]
- ... read the Complaint
Elkin v. LePore [challenging legality of Palm Beach Ballot]
- ... read the Complaint
- ... read Plaintiff's Motion for Partial Summary Judgment
Rogers v. Election Canvassing Commission of Florida [challenging legality of Palm Beach ballot]
- ... read the Complaint
- ... read the Temporary Preliminary Injunction
Kevin Gibbs v. Palm Beach County County Canvassing Board
- ... read the Complaint
Thomas Scott Crum v. Palm Beach County Canvassing Board
- ... read the Complaint
HABIL v. Palm Beach County Canvassing Board
- ... read the Complaint
Lawrence Alan Gottfried v. LePore
- ... read the Compliant
Ronald E. Lichtman et al. v. Jeb Bush et al.
- ... read the Complaint

Documents

Florida Legislature, Proclamation of Special Session (December 6, 2000)
Florida Legislature, Report of the Special Joint Committee on the Manner of Appointment of Presidential Electors (December 4, 2000)
Florida Attorney-General's letter to County Elections Supervisors and Canvassing Boards re: military ballots (November 20, 2000)
Florida Division of Elections Opinion 00-12 - Manual Recount Procedures (November 13, 2000)
Florida Division of Elections Opinion 00-11 - Definitions of Errors in Vote Tabulations (November 13, 2000)
Letter from NAACP President Kweisi Mfume to Attorney-General Janet Reno (November 8, 2000) [HTML]

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The Electoral College

When American voters go to the polls to vote for president, many believe that they are participating in a direct election of the president. Technically, this is not the case, due to the existence of the electoral college, established in Article II, Section I, of the U.S. Constitution.

The electoral college is the name given a group of "electors" who are nominated by political activists and party members within the states. On election day these electors, pledged to one or another candidate, are popularly elected. In December following the presidential vote the electors meet in their respective state capitals and cast ballots for president and vice president. To be elected, a president requires 270 electoral votes.

In recent history, the electors have never cast their ballots against the winner of the popular vote. For all intents and purposes, the electoral college vote, which for technical reasons is weighted in favor of whoever wins the popular election, increases the apparent majority of the winning candidate and lends legitimacy to the popular choice. It is still possible, however, that in a close race or a multiparty race the electoral college might not cast 270 votes in favor of any candidate Ч in that event, the House of Representatives would choose the next president.

Source: U.S. Department of State

How the Electoral College Works (Federal Election Commission)
Electoral College Homepage (National Archives)
Procedural Guide to the Electoral College (National Archives)
The Electoral College (William C. Kimberling, Deputy Director FEC Office of Election Administration)
Proposals for Electoral College Reform (Professor Akil Reed Amar, Yale Law School, September 4, 1997)
Presidential Election Laws (National Archives)
When No Majority Rules: The Electoral College and Presidential Succession (Professor Michael Glennon, UC Davis School of Law, 1993; CQ Press)

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Glossary

Terms and definitions...

Butterfly ballot

Canvassing Board
The local officials responsible for administering and certifying the election results on a county level in Florida.

Certification
Official designation of the winner of an election.

Chad
Small pieces of a punchcard ballot that are intended to detach from the ballot when punched with a stylus by a voter. Chad that does not detach fully can either be tri chad (detached in only one corner), swinging chad (detached in two corners), or hanging chad (detached in three corners). Dimpled chad and a pregnant punch show some evidence of indentation but have not detached from the ballot.

Circuit Court
The trial or entry-level court of general jurisdiction in Florida.

Contest
A challenge to the legality of the result of an election.

Electors
Two meanings in Florida: voters, and those appointed to the Electoral College.

Equal protection
The guarantee of the Fourteenth Amendment of the Constitution of the United States that states may not draw arbitrary or invidious distinctions between people.

Manual recount
A recount of votes by hand inspection.

Overvoted ballot
A ballot on which the voter chose more than one candidate for president.

Protest
A challenge to the accuracy or correctness of the tabulation of votes in an election.

Punch-card ballot
Form of ballot in which voter indicates choices by punching out chad; used by approximately 1/3 of U.S. voters.

Sunlight test
An approach to evaluate a punch-card ballot during a manual recount in which the counting teams determine whether sunlight can be seen through the perimeter of the chad.

Undervoted ballot
A ballot on which the voter did not choose a candidate for president (according to machine reading).

Vote dilution
Claim that a manipulation of election rules or practices has resulted in loss of effect or significance that otherwise would have been given to the votes of a group of people.

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Legal Commentary

Law professors share their perspectives and opinions [views expressed are solely those of the authors]...

feature commentaries by JURIST Contributing Editor Professor William Ross, Cumberland School of Law, Samford University:
- Bush v. Gore and the Prestige of the Supreme Court: A "Self-inflicted Wound"? [added December 13, 2000]
- "Faithless Electors": The Wild Card [added December 9, 2000]
- Election Roulette: The Pistol Finally Fires [added December 4, 2000]
- Don't Litigate - Negotiate! [added November 28, 2000]
- Does the Supreme Court Rush in Where Wise Judges Would Fear to Tread? [added November 26, 2000]
- Why Not Split the Presidential Term? [added November 17, 2000]
other commentaries...
- High Court Hides from Camera's Glare (Professor Marjorie Cohn, Thomas Jefferson Law School) [added December 5, 2000]
- Letter to the Members of the Florida Legislature (Professor Stephen M. Griffin, Tulane Law School) [added December 5, 2000]
- Rein in the Legislature (Professor Peter Shane, CMU/University of Pittsburgh School of Law) [added December 4, 2000]
- When There Is No Winner to Take All: Salvaging Political Legitimacy by Splitting Florida's Electoral Votes (Professor Stephen Clark, Albany Law School) [added December 1, 2000]
- Brief Reflections (Professor John Parry, University of Pittsburgh School of Law) [added December 1, 2000]
- The Murkey Proslavery Origins of the Electoral College (Professor Paul Finkleman, University of Tulsa School of Law) [added November 30, 2000]
- What Bush's Litigation Teaches Us About Compassionate Conservatism (Professor Sharon Beckman, Boston College Law School) [added November 17, 2000]
- Alternative Bush Endgame: Florida State Legislature Directly Appoints the Electors (Victor Williams, Catholic University School of Law) [added November 17, 2000]
- The Myth of an Accurate Vote Count and the Compelling Need to Re-vote (Professor Steven Semeraro, Thomas Jefferson School of Law) [added November 14, 2000]
- A Short Note on Electoral College Majorities: Could There be a Bush-Lieberman Administration? (Professor Craig J. Albert, Seton Hall University School of Law) [PDF; added November 14, 2000]
a dialogue on the Florida recount and constitutional law between Professor Peter M. Shane (University of Pittsburgh School of Law) and Professor Ronald D. Rotunda (University of Illinois College of Law) [November 27-December 5, 2000]

JURIST welcomes academic submissions for this section; contact JURIST@law.pitt.edu

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More Presidential Election Law...

HOSTED BY:

Tony Sutin is Dean and Associate Professor of Law at the Appalachian School of Law in Grundy, Virginia. He previously practiced election law and litigated ballot access, voting rights and campaign finance issues at Hogan & Hartson L.L.P. in Washington, D.C., where he represented the Democratic National Committee, the Clinton/Gore92 campaign, the Tsongas for President Committee, the Presidential Inaugural Committee and others. He has served on the Executive Committee of the Campaign Ethics Committee of the American Bar Association Young Lawyers Division, and on the Executive Committee of the National Lawyers Council of the Democratic National Committee. He is a 1984 graduate of Harvard Law School.