He’s in bed reading with the television off. Here’s when South Florida counties could start feeling tropical storm conditions from Eta. It’s also administrators like Katherine Harris, who, while openly aligned with the Republican Party, went to great pains to portray herself as an apolitical actor who was just trying to follow the law. Madeline Kaplan is a writer and producer for Fiasco, and previously worked as a researcher on the Slate podcast Slow Burn. He was at the ranch most of the time. Oh, and the counties set their own vacation schedules, too. Recount Procedure Summary DE Reference Guidelines 0010 (Updated 07/2016) These guidelines are for reference only. People didn’t love his argument the first time around when we went to the Supreme Court, but there was no question in my mind that Larry was the right choice. We looked at BDO Seidman’s. Karl Koch (Gore aide): The Bush argument was easier than our argument—“The votes have been cast; it’s over.” We had to make the argument for why the election wasn’t over, and people don’t want to hear that argument. Partisans disagree about whether the protesters were trying to protect the democratic process or prevent it. Sunday night, Katherine Harris would have faced the certification with Gore ahead. And obviously we couldn’t count those ballots. At the time, he was studying for a master’s degree in medieval French history. Fee is refunded if results change. These kinds of inconsistencies can clog the legal system, slow down the recount timeline and leave room for partisan officials to make judgment calls that rob the process of public legitimacy. The account here, drawn from interviews with more than 40 people with firsthand experience of the Florida-recount saga, is both a history and a warning. Candidates can seek recounts if they can “allege a good-faith belief that but for fraud or mistake, the candidate would have had a reasonable chance of winning the election,” according to state law. Florida uses paper and Direct Recording Electronic (DRE) systems for its elections. We just needed to get the count finished in Miami-Dade, and we would have been ahead. Even supporters of the outcome acknowledged that the decision did not reflect the Court at its best. Experts wonder and warn: Is Florida the nation’s test case for COVID-19 herd immunity? And this was so blatant that three of the Florida justices, including the chief justice, dissented from the decision. I picked up the phone, and he says, “What the heck is going on?” And I said, “We don’t know.”, Laurence H. Tribe, Jennifer Taub, and Joshua A. Geltzer: Trump has launched a three-pronged attack on the election. Craig Waters (spokesperson, Florida Supreme Court): A number of businesses realized that they could get their logo on worldwide television if they simply sent someone to stand in front of where I was making announcements and hold up a sign. But the honeymoon will be short. I remember seeing Karl Rove on the networks saying they had prematurely called Florida. They’ve got all this preparation done. The requesting candidate must pay for the recount if the margin is more than 0.25%. : Third business day after county canvass. Charles Bierbauer is reading the decision from the front, and he has no clear idea of the conclusion. The campaign for President Donald Trump wants a recount in Wisconsin and complained about vote tallying in other states key to his re-election. Al.” And I didn’t. Ann McFall (Volusia County canvassing-board member): They fed the canvassing board and the workers for the canvassing board—they had turkey legs every night brought over from the prison. Automatic recounts are required if a candidate or measure is defeated by less than 0.5% of the total votes cast. One of the great things about campaign people is that they know how to get the impossible done in a real hurry. The hard-fought presidential race between George W. Bush and Al Gore in 2000 came down to Florida. That doesn’t necessarily mean that she would have done something different. David Boies (Gore lawyer): When I arrived at the offices in Tallahassee, I was greeted by Ron Klain, who said, “Welcome to Guatemala.”, Ron Klain (Gore aide): If you had to think about the worst possible place to fight this thing out, other than maybe Texas, Florida was the most adverse circumstance you can imagine. All Rights Reserved. Joe Geller (chair, Miami-Dade Democratic Party): They’re saying, “This guy stole a ballot.” A mob descended on me, yelling and screaming at me and jabbing me with their elbows. Bill [Daley] said to him, “It’s under 1,000 votes.” I’m on the phone, and I just remember him looking at Bill and at me, and it was like, What? Here is a look at recount laws in key states as the race between President Donald Trump and Democratic challenger Joe Biden came down to the wire: Under what circumstances? Deadline to request a non-mandatory recount? The second recount is not required if the total number of such votes is not large enough to change the outcome of the election. We were live on the set and we were getting information they conveyed through our earpieces. But Florida technically had two statehouses—the official, functional one, and an old one that had been retired in 1978 and converted into a history museum. I drive home and immediately put on the TV. Articles about potential scenarios in the 2020 election, U.S. Supreme Court actions affecting the November 3, 2020, general election, States that require employers to grant employees time off to vote, https://ballotpedia.org/wiki/index.php?title=Recount_laws_in_Florida&oldid=8181464, Tracking election disputes, lawsuits, and recounts, Ballotpedia's Daily Presidential News Briefing, Submit a photo, survey, video, conversation, or bio. The Court vacated the decision and asked the Florida Supreme Court to explain what it was doing and what kind of legal standards it was applying and whether it was aware of certain federal statutes and constitutional issues. David Boies (Gore lawyer): I was in a sports bar across the street from the Governors Inn, in Tallahassee. Who pays for non-mandatory recount? The table below summarizes how requested recounts are paid for and whether it is possible for candidates to request a partial recount. This year, the situation could be far more extreme. Then we had recount teams. Nina Totenberg (NPR Supreme Court reporter): The court first sent the case back to the lower court to revisit its decision, and I thought that when they did that, the handwriting was on the wall. And we go to a meeting, and there’s a bunch of lawyers in the room who have been on call in case there were issues. Every network had called the election for Bush. The thought that this man should become president was unbearable, because in Texas he had really two signature issues—educational reform and tort reform. Legal actions went forward on many fronts; the chair of the Miami-Dade canvassing board referred to the proliferation of suits as “musical courts.” The Bush camp sought to stop hand recounts, and lost, on constitutional grounds, in federal court. And in this case they went for a federal decision that essentially rejected states’ rights. A different decision in any one of those cases would have “given” the election to Vice President Gore. Correction: An earlier version of this article incorrectly stated the required margin of error to request a recount in Georgia. Barbara Pariente (justice, Florida Supreme Court): Our court was criticized as being political, but there were at least two other cases that we ruled on—including the Palm Beach County butterfly-ballot case and the absentee-ballot case from Martin County and Volusia County—where we ruled for then-Governor Bush. I hear you guys are conceding. But these new numbers …, Karl Rove (Bush strategist): I had this red phone on my desk—talk about a classic cliché—and only one person had the number, so when it rang, it was either some pizza joint or it was Governor Bush. [Gore aide Chris] Lehane comes over, and we’re sitting in the lobby. What happens if someone votes by mail-in ballot or absentee ballot and subsequently passes away before Election Day? A recount happens automatically if the margin is 2,000 votes or fewer, ABC News reports. The Florida secretary of state in 2000 was a Republican politician named Katherine Harris, and the squishy deadline gave her a choice: She could either keep her office open through the weekend, triggering the Sunday evening deadline, or she could adhere to normal business hours and collect the final tallies on Monday morning, giving the counties an additional 16 hours to count votes. Nina Totenberg (NPR Supreme Court reporter): I know in hindsight that Justice O’Connor had second thoughts. How and when are election results finalized? The monitor was not supposed to let us touch the ballots. But arguing in the Supreme Court is this very specialized thing, and Larry Tribe is probably the best person living today to argue in the Supreme Court. Florida does not allow requested recounts. Finally we hit the seventh page. Once it became clear the ballgame would be played and won in Florida, all eyes were on the intricacies of its recount law. How do major media outlets declare winners? Case in point: One Gore staffer told us that after Election Day 2000 he was dispatched to Wisconsin, not Florida, because at that juncture it seemed possible that Wisconsin was heading to legal overtime as well, or instead. Additional deadlines for potential second recounts can be found. And I think it’s important for the Court to understand, as a matter of federal law, why the appropriate thing is to let the recount go on, even under some corrected formula.” He said, “That’s all very well, but the vice president has decided that David should handle it. The message was from Gore, and it said, “Please do not trash the Supreme Court. Statutes specify that recount must be publicParty/candidate or initiator has statutory authority to appoint challengersNo statutory guidance for recount observers. When the elevator doors open, and there are cameras again, they start yelling. That’s a trigger. Deadline to request non-mandatory recount: Within 48 hours after canvass. I believe it was then that the vice president called Governor Bush and had that first conversation. Kirk Wolter (director, Florida Ballots Project, NORC): We were not allowed to actually touch the ballots. • Can request to sample 3 percent of precincts in the voting area if that indicates a significant change. Deadline to request a non-mandatory recount: Two business days after county certification. Laurence Tribe (Gore lawyer): The stay by the U.S. Supreme Court, issued ultimately 5 to 4, was the decisive signal that something dramatic was happening. The way voting went was you had this little card and you insert it into this machine, and then you puncture the circle of the people you’re voting for. Can a partial recount be requested? As I recall, Williams had somebody feed him the opinion from the back to the front. It looks like there is an issue about federal-court intervention with the electoral recount, and we need you to fly down to Florida immediately.” The question of whether, as a matter of federalism, this is an appropriate intervention was very much up in the air. But the campaigns were thinking about it, and their plans for what to do if things did go that way were some of the most absurd we uncovered. On the morning of Wednesday, November 8, the Bush and Gore campaigns began sending lawyers and volunteers to Florida. The close vote margin for Florida elections is less than or equal to 0.5% of the total votes cast for a given office or measure. The information on this page is not intended to serve as a manual for those seeking to start or halt a recount; individuals seeking more information about specific processes and requirements should contact their state election agencies.state election agencies. : Within 5 business days of election. And when it turned out that Palm Beach County needed more time to get through all its ballots, the answer from Harris’ office was “no.” Soon thereafter, she presided over a certification ceremony that did not take into account Palm Beach County’s new count—which would have added about 200 Gore votes to his Florida total.
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