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The 2000 presidential election between the Republican ticket
of
George W. Bush and Richard
Cheney and the Democratic slate of Albert
Gore, Jr., and Joseph
Lieberman resulted in the most bizarre vote count in American
history.
After initially conceding the election early in the morning,
Vice President Gore rescinded the concession after late returns
showed the results narrowing in Florida. The Democrats then
sought court action mandating a ballot
recount in counties where irregularities were claimed
in the counting of the ballots, particularly the failure to
count votes where ballots were punched only partly through
to indicate a candidate choice, the so-called "hanging
chads". Democrats also complained that confusion over
the "butterfly
ballot" used in Palm Beach and Dade Counties caused
many Gore-Lieberman supporters to mistakenly vote in the wrong
column due to the confusing ballot layout.
On November 21, the
Supreme Court of Florida
ruled that
manual recounts could continue and that the totals must be
included in the final results, and set November 26-27 as the
deadline for certifying the election. After granting the Bush
campaign Petition
for a Writ of Certiorari, on December 4 the United
States Supreme Court, in Bush
v. Palm Beach County Canvassing Board, vacated the Florida Supreme Court decision and remanded the
case for clarification by the Florida
Supreme Court of the legal basis for its November 21 decision
on recount deadlines. In 4-3 split decision
released on December 8, the Florida
Supreme Court ruled for the Gore-Lieberman campaign, ordering
a statewide manual recount of undervotes to begin and adding
383 votes to the Democratic total. The Court directed that
the recounts continue to ascertain whether a vote should be
counted as a "legal" vote if there is a "clear indication
of the intent of the voter." The Bush-Cheney campaign then
sought stays of this decision before the Florida
Supreme Court, the 11th
Circuit Court of Appeals and the U.S.
Supreme Court and additionally petitioned for certiorari
to the U.S. Supreme
Court requesting that the Court exercise its discretionary
authority to hear an appeal of the Florida decision.
The U.S. Supreme Court
granted the request to hear the case, and reversed the Florida
Supreme Court order of December 8 in its decision
released December 12. In a 7 to 2 vote,
the Court held
that the Florida
Supreme Court improperly established new standards for
resolving Presidential election contests, thereby violating
Article II, section 1, clause 2 of the U.S.
Constitution, and that the state Supreme Court's
order directing manual recounts without specific standards
on how to review the ballots violated the Equal
Protection Clause of the 14th Amendment. The Court further
held, by a 5 to 4 majority, that Federal election law specified a December 12 deadline for states
to certify their winners, and that accordingly it was
too late to allow any statewide recount remedy to proceed,
even if the recount proceeded under the original standard.
On December 18, the Electoral
College met, casting
271 votes for George W. Bush and Richard Cheney and
266 votes for Albert Gore and Joseph Lieberman; the final
popular
vote total was 50,996,582 votes for the Democratic ticket
and 50,456,062 votes for the Republicans. On January 6, with
Vice President Gore presiding over a joint session of the
Congress, the Electoral College
votes were officially
counted and Mr. Bush and Mr. Cheney were declared as the
new president and vice president.
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