Dear Alan,
I wish I were a journalist and could ask Vice President Gore a question. I would like to ask him: "Mr. Gore, in your personal opinion, should the 25,000 absentee ballots cast in Seminole and Martin counties be thrown out?" Not that his personal opinion makes any legal difference. But it would tell us something about what kind of man he is.
Mr. Gore has portrayed himself in this controversy as an advocate for democracy and the rights of the voters to be counted. Right now, he is conducting a high-profile campaign to reverse Judge Sauls' ruling, based on the idea that "every vote should count." The front page of my morning newspaper features a picture of his supporters carrying pre-printed signs, no doubt provided by the Gore campaign, saying "They Know No Shame—Votes Should Count."
At the same time, his lawyer supporters are in court demanding that about 15,000 votes in Seminole County and about 9,000 votes in Martin County be excluded on account of a technical violation by an election official at the application stage. Note that there are no defects in the votes and no ambiguities about the voters' intentions—but only a technical flaw in the postcard absentee ballot application. Even that flaw affects only a few thousand of the 25,000 votes the suits seek to exclude. These lawsuits were not brought by the Gore campaign, and have not been joined by the Gore campaign. But Mr. Gore has not criticized them and stands ready to take advantage of them if they should work to his favor.
The Voting Rights Act provides:
... No person acting under color of law shall ... deny the right of any individual to vote in any election because of an error or omission on any record or paper relating to any application, registration, or other act requisite to voting, if such error or omission is not material in determining whether such individual is qualified under State law to vote in such election.
Mr. Gore and his supporters, to their credit, have long been champions of the Voting Rights Act (which, in my opinion, was the single most important civil rights statute ever passed). Yet when it suits their purposes in Seminole and Martin counties, Mr. Gore's supporters suddenly decide that technical errors or omissions in absentee ballot applications should be fatal. Can you imagine the furor if the Bush campaign ignored or sought to override the Voting Rights Act?
Mr. Gore and his supporters have loudly complained (but with little evidence) that some African-American voters were turned away at the polls on account of technical defects in their voter registration. (Indeed, you raised this issue several days ago.) Yet in Seminole and Martin counties, thousands of voters would be "turned away" because of technical defects that were not even their responsibility. What is the difference?
Mr. Gore wants political credit (and cover) for defending the rights of voters. But he is unwilling to give up a possible political advantage he might gain from disenfranchising 25,000 voters.
On another front, Sen. Lieberman and Attorney General Bob Butterworth got political credit (and cover) by stating publicly that the military absentee ballots should be counted. These statements were greeted as evidence of fair-mindedness and patriotism. But Lieberman and Butterworth have done nothing to ensure that this sentiment would be translated into action. And now, some of their supporters have filed suit arguing that every absentee ballot received after Election Day (not just those with smudged or missing postmarks) should be thrown out. This lawsuit has gotten little attention, but legal specialists think that it may be Gore's strongest suit on the law. (The provision allowing late-filed overseas absentee ballots is in a regulation, which was entered to settle a federal lawsuit. The Democratic plaintiffs argue that if Article II requires all rules regarding elections for electors to be made by the legislature, this regulation may be invalid.) I would like to know whether Gore and Lieberman agree that our military personnel, who complied with the law as it stood on Election Day, should be deprived of a vote. If not, why have they not denounced this lawsuit?
So, I would like to ask, "Which is it, Mr. Gore?" If you really think that "every vote should count," why don't you call on your supporters to drop these suits? And if you are willing to be elected president by excluding 25,000 unambiguous votes, why don't you instruct your lawyers in the Florida Supreme Court to drop the lawsuit based on the opposite theory?
Mr. Gore is obviously, and rightly, embarrassed about these lawsuits, which contradict every democratic principle he has claimed to defend. That is why he has not joined them. But he is hiding behind supposedly independent Democratic lawyers in the apparent hope that the American public will not notice that he says one thing and does another. Maybe his campaign should print a few thousand more of those "They Know No Shame" signs and make them available to the opposition.
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Reader Comments from The Fray:
Michael McConnell argues that even a state-wide hand count might give Gore an unfair advantage, because the questionable punch card ballots were used predominantly in counties that heavily supported Gore. But his logic is flawed; he forgets that the argument for a hand recount--widespread undervoting that a human eye might correct--has already taken this very discrepancy into account. Though the hand recount would most likely discover a larger number of new votes for Gore than Bush because of the problems with punch cards, the inverse is true for the current machine count: Bush has been unfairly over-represented by his support in counties with more technologically advanced voting systems. It is not necessarily improper to concentrate energy on hand recounts in punch card counties, since they are the ones in which problems with unread votes are more likely. While I can't think of any serious argument against a state-wide hand count (except for the question about hand count subjectivity which might be dealt with by simple guidelines), the problem now is simply that the Republicans have argued for too long against hand counting at all, and are thus unable to concede this clear, proper compromise.
--Jared White
(To reply, click here.)
I believe that the hand recount is conducted, ballot by ballot, with a representative of both political parties, both of whom must agree on the party for whom each vote was cast. Any ballot that the two person team does not agree on is then reviewed by a three member panel of non-partisans. My point is simply that the recount is not a subjective as one might think. Since one of the candidates campaigned on the slogan that he "trusts the people" and the other has indicated a willingness to trust the people on this issue, I am surprised there is a problem.
--Carrie McLain
(To reply, click here.)
A way out: the Burr-Hamilton solution.
--APM
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(11/15)
Reader Comments from The Fray:
I find it amusing that the Democrats are telling President-elect Bush that the only way he can succeed is to adopt their agenda.
The popular vote, as close as it was, could have swung Bush's way if it was recounted as Florida was. If California and all the voter irregularity in the excessively liberal and populous states were taken out of the picture, the popular vote across the nation was significantly more for Bush. It presents a more accurate picture of America as a whole to view the popular vote minus California. That's the reason for the Electoral College.
Democrats should be looking and asking themselves why they blew this election rather than deluding themselves that it was stolen. Look within. The liberal lies and scare-mongering, and class warfare language and willingness to depart from the law in order to win at any costs is not going to serve America or the Democratic party well. When America has more time to reflect on the days since the election, the Democrats will not fare so well. That is why the Democrats are trying still to deflect attention from their failures.
Vice-President Gore gave a noble speech last night. For the first time in this election process I gained respect for him. He was finally speaking honestly. Liberals should try honesty instead of distortion and manipulation more often.
--Mark Sherman
(To reply, click here.)
Sorry, but I don't see true bipartisanship happening. The division you see has been growing for decades. It isn't between skinheads or klansmen and 'good honest Americans,' it is between those who are willing to be responsible for themselves, and those who've been inculcated with the idea that they have a god-given right to the fruits of someone else's labor. The Dems have done the indoctrinating, and those of us who flocked to the personal freedom stances of 60's Democratic candidates are appalled at how the current flock of Democrat candidates have taken full advantage of the 'buy a vote with welfare' techniques they've developed over the years. I have predicted class warfare by 2010 since 1975. I may be off a couple years, but dramatic changes are in order
--Dennis Jacques
(To reply, click here.)
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Reader Comments from The Fray:
I disagree that what the Supreme Court faces is less compelling than Dred Scott. It's time to get past all this rhetoric and look at what we, as citizens, are being dealt. First of all, forget all the pious cant about the wisdom of the founding fathers. The Constitution was never a document that guaranteed democracy in this country, since the founding fathers' didn't want democracy. They didn't want people to be able to vote for the president, that was the job for politicians. Jefferson himself wrote "the people is an ass." While they may have been against British rule, they were in no shape or form democrats in light of the term today. And the Republicans are not such great believers in democracy today. If they were, they would have worked to get an accurate count in Florida. The Supremes are either going to yank us into the present, for those "asses" like myself, of haul us back into the past. That is the Constitutional issue at stake.
--George Grella
(To reply, click here.)
As we await the Supreme Court's decision, I stand astonished. Not that the Supreme Court delved into the 'miasma' of this election dispute--it is not such a bad idea for the last word of the land to have the last word; what astonished me was Scalia's stated reason for the stay granted. The stay itself was not such a bad idea (I voted for Gore, by the way). The decision needed to be made before there were facts on the ground so that no one felt any more robbed than they already do. However, Scalia's unprecedented indication that he has already made up his mind before even receiving a brief must have ruffled some of his colleague's feathers and perhaps created an environment that may well send the 'swing justices'--Kennedy and O'Connor--into the arms of the solid opposition. Scalia's statement may well turn out to be a self-fulfilling anti-prophecy.
It would be most astonishing if any decision were 5 to 4. I think it is more likely that there will be a more solid majority behind some sort of solomonic solution. One hopes that the court will be very, very cautious not to create law itself.
--Rabbi Jason
(To reply, click here.)
In our world of constant disorder, why is it so surprising that the old technology-based society is colliding with the new tech order? We are transforming our entire society to the new tech order. Many systems have not made the transition. Voting processes and systems are at the top of the list right now. This collision must take place and the new tech order take its proper place in this function of our society. Laws must change to support the new order. For now, the courts must decide the outcome based on our current technology and laws. We must invest the next four years and make our voting systems capable of supporting our transforming society, and build new law in this process.
--Steve R
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(12/11)