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TALLAHASSEE, Fla. (AP) The Florida Supreme Court ordered
manual recounts across Florida on Friday night in a victory for Al
Gore, and George W. Bush's campaign swiftly vowed an appeal to the
U.S. Supreme Court.
"We think this ruling is inconsistent with Florida law, with
federal law and with the U.S. Constitution," former Secretary of
State James A. Baker III said on behalf of the Bush campaign. He
read at length from a stinging dissent authorized by the chief
justice of the state Supreme Court to the ruling issued by four
other justices.
Baker spoke as Bush campaign attorneys were filing an emergency
petition with the U.S. Circuit Court of Appeals in Atlanta asking
that the recounts be stopped before they could begin until the
nation's highest court can settle the issue.
Bush's campaign swung into action within hours of a state
Supreme Court ruling that held out the threat that the Texas
governor's 537-victory margin could be overturned in the state that
stands to pick the next president.
Saying it was dealing with the "essence of the structure of our
democratic society," the Florida Supreme Court ordered recounts to
begin immediately in an unknown number of counties where no earlier
manual recounts have been undertaken. The 4-3 ruling ordered the
count of the so-called undercount ballots or those where counting
machines registered no vote for president.
"Although in all elections the Legislature and the courts have
recognized that the voter's intent is paramount, in close elections
the necessity for counting all legal votes becomes critical," the
divided court said.
In a dissenting opinion, Chief Justice Charles T. Wells said he
was concerned that the decision "propels this country and this
state into an unprecedented and unnecessary constitutional
crisis."
Wells said he saw a "real and present likelihood" that the
result would be "substantial damage" to the nation, the state and
the high court itself. He said the majority ruling had "no
foundation in the law of Florida" and that a lower court decision
rejecting the recounts was correct.
Justices Major B. Harding and Leander J. Shaw joined in a separate dissent.
The ruling heartened the Gore campaign, which has been
struggling in the courts for weeks to gain a count of thousands of
ballots in a few counties. The state's high court ruling extended
far more broadly, however, saying ballots should be counted in all
counties where there were undervotes.
The mechanics of the recount were unclear, but one immediate
result was that Circuit Judge N. Sanders Sauls, who had earlier
refused to order a recount, recused himself from further
proceedings in the case. Officials said they would name a
replacement for Sauls later in the evening.
Baker denounced the court's ruling lavishly.
Reading from Wells' dissent, he read, "the majority's decision
... has no foundation in the law of Florida as it existed on Nov.
7, 2000 or at any time until the issuance of this opinion."
The decision followed a twin legal defeat earlier Friday for
Gore in the lower courts.
But in its opinion, the state Supreme Court handed the vice
president a sweeping victory, finding that Circuit Court Judge N.
Sanders Sauls had erred in rejecting further recounts.
Sauls' decision left George W. Bush with a certified 537-vote
lead in the state, giving him enough of an edge to capture the
state's 25 electoral votes.
"We are dealing with the essence of the structure of our
democratic society," the court said, noting the fragility of the
subject.
It noted that the Legislature has put the presidential election
in Florida "squarely in the hands of Florida's voters" and has
granted trial courts broad authority to resolve election disputes
and fashion appropriate relief.
"This election should be determined by a careful examination of
the votes of Florida's citizens and not by strategies extraneous to
the voting process," the opinion said. "This essential principle,
that the outcome of the elections be determined by the will of the
voters, forms the foundation of the election code enacted by the
Florida Legislature and has been consistently applied by the court
in resolving elections disputes."
The court said there had been an "undisputed showing" that
9,000 disputed ballots in Miami-Dade County could produce further
votes in an election decided by a margin of mere hundreds.
The court said a legal vote is one in which there is a clear
indication of the intent of the voter. It established that a vote
rejected by computers includes "votes that may exist but have not
been counted."
The ruling means that the 9,000 disputed ballots from Miami-Dade
County that Sauls ordered brought up to the Leon County Circuit
Court but never counted will finally be studied.
The court said Sauls had presented Gore with "the ultimate
Catch-22, acceptance of the only evidence that will resolve the
issue but a refusal to examine such evidence."
It also said the Florida vote should include 215 additional
votes for Gore resulting from a full manual recount in Palm Beach
County, along with an additional 168 votes for Gore that were
produced by a partial manual recount in Miami-Dade before its
canvassing board halted the count.
That decision trimmed Bush's 537-vote lead in the state to 154
votes.
"We're very pleased that the votes will be counted. Although
it's a very difficult task, we think it can be done," said Gore
lawyer Dexter Douglass.
The high court's ruling came almost two hours after Gore had
been pushed to the edge of his legal options when two Leon County
Circuit Court judges refused to throw out any of 25,000 absentee
ballots that had been challenged in Martin and Seminole counties.
In those cases, judges Nikki Clark and Terry Lewis ruled that
"despite irregularities in the requests for absentee ballots,
neither the sanctity of the ballots nor the integrity of the
elections has been compromised," a court clerk read from a
prepared statement.
The elections "reflect a full and fair expression of the will
of the voters," in Seminole and Martin counties, the clerk, Terre
Cass, read.
The high court ruling may have been foreshadowed by a surprising
legal step taken by Bush's lawyers Friday morning when they filed
papers to supplement arguments made Thursday before the Supreme
Court.
In a rare clarification one day after oral arguments, Bush's
lawyer told the state Supreme Court it did not have authority to
grant Gore's request to set aside Bush's 537-vote victory and order
recounts of thousands of disputed ballots.
Gore's lawyers rebutted in a last-minute filing of their own,
telling the Supreme Court that Florida law made it clear that "the
results of this election and every election" were subject to
judicial review.
An appeal was already being prepared in a third absentee ballot
case dismissed Thursday by another local judge, said Alvin Smith,
an attorney who represented pP oOida Panhandle voter looking to
throw out more than 12,000 votes in that region of the state.
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