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Election battle returns to florida supreme court { December 5 2000 } Original Source Link: (May no longer be active)
http://www.cnn.com/2000/LAW/12/05/gore.appeal.pol/index.htmlhttp://www.cnn.com/2000/LAW/12/05/gore.appeal.pol/index.html
Election battle returns to Florida Supreme Court
December 5, 2000
Web posted at: 12:41 p.m. EST (1741 GMT)
TALLAHASSEE, Florida (CNN) -- "They won, we lost; we're appealing." With those words from David Boies, attorney for Democrat Al Gore, the focus of the Florida presidential election controversy returned to the state Supreme Court one week prior to Florida's December 12 deadline to designate its 25 electors.
Gore suffered a setback Monday when Leon County Circuit Judge N. Sanders Sauls rejected the vice president's contest of Florida's election results and the U.S. Supreme Court set aside an earlier, favorable ruling that extended a certification deadline to allow manual recounts in the state.
The Gore team filed an immediate appeal of Sauls' decision.
"This is going to be resolved by the Florida Supreme Court promptly and what I think is that will be the end of the matter. I think whoever wins in the Florida Supreme Court will accept that," Boies said.
The state Supreme Court scheduled oral arguments for 10 a.m. EST Thursday and set a deadline for briefs for noon Wednesday.
Gore is contesting Republican George W. Bush's narrow, 537-vote certified win in the state, but Sauls said the Gore team failed to establish probability that, even with further hand counts, the election results would change or that there were substantial irregularities in the tallies.
"The court further finds and concludes the evidence does not establish any illegality, dishonesty, gross negligence, improper influence, coercion, or fraud in the balloting and counting processes," Sauls said.
Sauls denied Gore's request to hand count roughly 14,000 ballots from Miami-Dade and Palm Beach counties -- that Democrats contend could push Gore ahead of Bush in the state.
The judge also rejected Gore's request to have a Nassau County machine recount -- which found a net gain of 51 votes for the Democrat -- prevail over the original election night count.
In a separate opinion announced earlier Monday, the nation's highest court set aside a ruling from the Florida Supreme Court that allowed manual recounts to continue over the objections of Secretary of State Katherine Harris. It sent the case back to the state court for clarification, but the practical effect was to further delay Gore's efforts to overturn the official election results.
One Bush campaign official described the mood as "energized" after Monday's decisions and Republicans stepped up their calls for Gore to concede the election.
"America needs to move forward, not be bogged down by the desperation of one man's obsession," said Rep. J.C. Watts, R-Oklahoma, a member of the GOP leadership in the House.
House and Senate Democratic leaders Dick Gephardt, D-Missouri, and Tom Daschle, D-South Dakota, described themselves as united behind Gore in his decision to appeal to the Florida Supreme Court.
Meanwhile, Bush will receive his first intelligence briefing Tuesday from the CIA.
Running mate Dick Cheney is expected to work on transition plans with lawmakers on Capitol Hill.
The 11th Circuit Court in Atlanta began hearing arguments Tuesday in cases brought by Bush supporters arguing that the hand counts violate the equal protection clause of the Constitution by giving more weight to some precincts' tallies.
The claim was struck down at the U.S. District Court level. If the circuit court agrees with the lower court, the Bush camp could appeal that to the U.S. Supreme Court.
Motions will be heard Tuesday afternoon in Leon County Circuit Court on a suit filed by a Democratic attorney to throw out 15,000 absentee ballots in Seminole County. The suit accuses Republicans of voter fraud in the county. A hearing on a similar suit brought by voters in Martin County will be heard in Leon County Wednesday.
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