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TALLAHASSEE, Fla. (AP) In twin victories for George W. Bush,
the Florida Supreme Court ruled Tuesday that 25,000 absentee
ballots challenged in two Florida counties should count in the
state's contested presidential election.
In a pair of 6-0 opinions, the justices upheld the rulings of
two state judges, both of whom had said the ballots should count
even though local election officials permitted Republican activists
to add information to the ballot applications.
The effect of the rulings was to validate votes which if
discarded could have let Al Gore overtake Bush in the state that
stands to pick the next president.
The court's ruling also cleared away the last significant
challenges the Democrats have short of the pivotal case before the
U.S. Supreme Court. There, the justices toiled to fashion a ruling
on Gore's bid to resume manual recounts of thousands of
questionable ballots.
In the Seminole County case, where more than 15,000 absentee
ballots were challenged, the court said it found "competent,
substantial evidence to support the trial court's conclusion that
the evidence in this case does not support a finding of fraud,
gross negligence or intentional wrongdoing in connection with any
absentee ballots."
The court did agree that Seminole's elections supervisor erred
by rejecting completely the absentee ballot applications in
question and then compounded the problem by letting Republicans
correct omissions on the forms.
"The court does not in any sense condone the irregularities
found by the trial court," Florida Supreme Court spokesman Craig
Waters said, reading from a statement on the steps of the high
court.
Waters added that in the Martin County case, in which 10,000
absentee ballots were challenged, there were also irregularities,
but they, too, did not reach "the level of fraud or intentional
misconduct."
Justice Leander J. Shaw Jr. recused himself from both rulings
for reasons that Waters did not specify.
Bush attorney Barry Richard welcomed the decisions. "It clearly
ends it no place to go from here," he said.
Gore spokesman Doug Hattaway tried to put a positive spin on the
result, saying that resolution of the case removes some ammunition
the Bush camp has used against Gore as it pushes the Florida
Legislature to pass a resolution making sure the state's 25
electoral votes were pledged to Bush.
"The Bush supporters in the Legislature were using these cases
as a fig leaf to cover their attempt to overturn the results of the
election. That fig leaf has now been stripped away," he said.
Democrats had sought to throw out 25,000 votes in the two
counties, alleging that Republicans were unfairly permitted to
correct ballot applications while Democrats were not given the same
opportunity.
But two Leon County Circuit Court judges refused, finding that
election officials did not intentionally seek to help one political
party rather than another and that the voters should not be
punished by having their votes discarded.
Gore, who has insisted that every vote must be counted, was not
a party to either lawsuit.
The state Supreme Court ruling came after both sides submitted
written arguments Monday.
In the arguments, Democratic lawyers pared back their demands,
seeking to disqualify only 673 Bush votes in Martin County, still
enough to overturn Bush's lead of fewer than 200 votes. In Seminole
County, they still wanted to eliminate 15,000 votes.
"You're always disappointed when you lose a case but there's
some solace in the fact that they did find serious
irregularities," Edward Stafman, lawyer for Martin County voters,
said after the ruling.
Lawyers in yet a third absentee ballot case were hoping the U.S.
Supreme Court would hear their appeal in the case of 2,400 overseas
ballots that arrived in election offices after Election Day, most
of them from military personnel.
0 Bush received 1,575 votes of the contested ballots, compared
with 836 for Gore, so throwing them out would boost Gore's total.
The voters claim federal law and the U.S. Constitution require
all ballots to be received by the close of the polls on Election
Day.
Florida law, however, allows for ballots mailed by Election Day
as long as they are received within 10 days of the election.
A federal judge ruled against the voters last week, and a
three-judge panel of the 11th Circuit Court of Appeals in Atlanta
upheld that ruling.
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