The Legal Mess: A Guide

By Andrew Goldstein

Don't let the more than 25 lawsuits filed in the past week and a half scare you. The legal morass is shallower than it first appears. In essence there are just three continuing legal battles: the Republican attempts to stop all manual recounts from going forward, the Democratic attempts to get counties to hand count their ballots and to keep these recounts going, and the struggle of some Florida citizens to force a new election in Palm Beach County. The Palm Beach cases are moving slowly, but in the others there has been a clear winner, at least so far: all but one decision has favored the Gore team, and that is why three counties this week are still counting votes.

KEEP COUNTING!

THURS. NOV. 9

--Gore asks for manual recounts in Volusia, Miami-Dade, Broward and Palm Beach counties.

FRI. NOV. 10

--Mechanical recount concludes; Bush leads Gore by 327 votes.

MON. NOV. 13

--Volusia and Palm Beach counties (joined by the Gore team) file suit in Leon County circuit court to extend the 5 p.m. Tuesday deadline for certifying their results. The argument: since state law allows hand counts and since those under way may be completed after the deadline, the state should wait to certify results until the hand counts end.

TUES. NOV. 14

--Leon County circuit court judge Terry Lewis rules that the 5 p.m. deadline stands, but that Secretary Harris may not arbitrarily disregard hand-counted tallies that come in after the deadline.

--Broward and Palm Beach counties ask the Florida Supreme Court if they can legally proceed with hand counts. Harris had ordered the counties not to; state attorney general Bob Butterworth (a Democrat) had advised the opposite.

--Democrats sue Broward County to go ahead with a hand count (the county had voted against doing so because of Harris' directive not to proceed).

WED. NOV. 15

--State circuit court judge Jorge Labarga rules that the Palm Beach canvassing board can accept "dimpled" or "pregnant" chads.

--Broward County reverses itself and begins a full hand count.

THURS. NOV. 16

--The Florida Supreme Court says it is O.K. for Broward and Palm Beach counties to go ahead with their hand counts.

--The Gore team sues Harris for failing to adhere to Judge Lewis' Tuesday ruling. Gore claims she did not use appropriate discretion before dismissing the counties' request to submit hand-counted ballots.

FRI. NOV 17

--Judge Lewis rejects the Gore suit, ruling that Harris did exercise proper discretion.

--Gore appeals Lewis' ruling to the Florida Supreme Court. The court in turn says it will hold hearings on Monday, and in the meantime prohibits Harris from certifying the statewide results on Saturday.

--Miami-Dade County reverses itself and decides to proceed with a full manual recount.

THE WEEK AHEAD

--The Florida Supreme Court will decide whether it is legal for the counties to hand count their ballots and whether Harris is required to accept these counts.

STOP THE HAND COUNTS!

[SAT. NOV. 11]

--Bush files federal lawsuit in U.S. District Court in Miami to halt all hand counts. The argument: since there is no uniform standard governing hand counts, voters will be treated unequally, violating their equal protection rights guaranteed by the 14th Amendment to the Constitution.

[MON. NOV. 13]

--In Federal District Court, Bush lawyer Theodore Olson argues that the hand-count process is "selective, standardless, subjective, unreliable and inherently biased." Gore lawyer Bruce Rogow responds that the hand count is more accurate and actually increases democracy. Judge Donald Middlebrooks, a Clinton appointee, rejects the Bush argument, finding that election mechanics are a state, not a federal, issue.

[TUES. NOV. 14]

--Secretary of State Katherine Harris certifies the election results minus the overseas absentee ballots, with Bush holding a 300-vote lead. She gives counties that are still doing hand counts and wish to amend their results until 2 p.m. Wednesday to submit their reasoning.

--Three Brevard County residents file suit in U.S. District Court in Orlando seeking to have the hand counts declared unconstitutional. The suit is dismissed.

--Republican lawyers seek an injunction to block Broward County from conducting a manual recount. Circuit court judge John Miller rejects their request.

--Bush notifies the Federal Court of Appeals in Atlanta that he will contest the rulings of both the Miami and Orlando U.S. District Courts.

[WED. NOV. 15]

--Broward, Palm Beach and Miami-Dade counties give Harris reasons why she should allow hand counts submitted after her Tuesday deadline. Harris considers, then rejects, the counties' arguments.

--Harris petitions the Florida Supreme Court to suspend all hand counts. The court rejects her request.

--Bush asks the state circuit court for an injunction to stop the hand count in Broward County. Judge Miller rejects this request.

[THURS. NOV. 16]

--Both sides file briefs in the Federal Court of Appeals in Atlanta. Bush's team reiterates its case that hand counts are unconstitutional; Gore's team continues to insist that federal courts have no say in the matter.

--Republicans in Broward County file suit in state circuit court to stop the county's hand counts. Lawyers subpoena Broward's 3-member canvassing board.

[FRI. NOV. 17]

--The Federal Appeals Court in Atlanta dismisses the Bush case.

--State circuit court rejects the Republican attempt to stop the Broward County hand count.

[THE WEEK AHEAD]

--Bush can try to appeal his federal case to the U.S. Supreme Court.