(Slip Opinion) Cite as: 531 U. S. ____ (2000) one particular

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NOTICE: This opinion is usually subject to formal revision just before publication in the preliminary produce of the United States Information. Readers will be requested to notify the Reporter of Decisions, Supreme The courtroom of the United States, Wash- ington, D. C. 20543, of any typographical or perhaps other formal errors, in order that corrections may be made prior to the preliminary print out goes to press.

GEORGE T. BUSH, AINSI QUE AL., PETITIONERS v.

IN WRIT OF CERTIORARI TO THE FLORIDA SUPREME COURT

On December almost 8, 2000, the Supreme The courtroom of Fl

ordered the fact that Circuit Courtroom of Leon County tabulate by

side 9, 1000 ballots in Miami-Dade State. It also ordered

the inclusion in the accredited vote counts of 215 votes identi-fied

in Hand Beach State and 168 votes recognized in

Miami-Dade County intended for Vice President Albert Gore, Jr.

and Senator Joseph Lieberman, Democratic Applicants

for President and Vp. The Substantial Court

observed that petitioner, Governor George W. Bush asserted

that the net gain for Vp Gore in Palm Seashore

County was 176 votes, and aimed the Circuit Court to

resolve that dispute about remand. ___ So. second, at ___ (slip

operative., at some, n. 6). The court further held that relief would

require manual recounts in all Sarasota counties in which so-called

undervotes had not been controlled by manual tabu-lation.

The courtroom ordered every manual recounts to begin for

once. Governor Bush and Richard Cheney, Republican

Applicants for the Presidency and Vice Presidency, filed

an emergency application for the stay of this mandate. Upon

December 9, we approved the application, treated the appli-BUSH v. GORE

cation like a petition to get a writ of certiorari, and granted

The proceedings resulting in the present controversy are

talked about in some fine detail in our thoughts and opinions in Bush v. Hand

Beach State Canvassing Bd., ante, l. ____ (per curiam)

(Bush I). Upon November eight, 2000, the day following the

President election, the Florida Label of Elections

reported that petitioner, Governor Bush, had received

2, 909, 135 ballots, and respondent, Vice President Gore, had

received 2, 907, 351 ballots, a margin of 1, 784 for Chief of the servants

Bush. Mainly because Governor Rose bush s perimeter of victory was

lower than one-half of any percent… of the votes solid, an

automated machine recount was conducted under

102. 141(4) from the election code, the benefits of which

showed Governor Bush still winning the contest but by a

diminished margin. Vice President Gore then sought

manual recounts in Volusia, Palm Beach, Broward, and

Miami-Dade Areas, pursuant to Florida h election

protest provisions. Fla. Stat. 102. 166 (2000). A argument

arose about the deadline to get local county canvassing

panels to submit all their returns towards the Secretary of State

(Secretary). The Secretary declined to waive the Novem-ber

13 deadline made by arrêté. 102. 111, 102. 112.

The California Supreme Courtroom, however , collection the deadline at

The fall of 26. We granted certiorari and vacated the

Fl Supreme Court s decision, finding considerable

uncertainty for the grounds on which it was based.

Bush My spouse and i, ante, at ______ (slip. op., for 67). On December

eleven, the Florida Supreme Court docket issued a conclusion on re-mand

reinstating that date. ___ So. 2d ___, ___ (slip operative. at

In November 26, the Fl Elections Canvassing

Commission certified the results of the selection and de-clared

Governor Bush the winner of Florida s 25 electoral

votes. On November 27, Vp Gore, pursuant to

Florida s match provisions, recorded a issue in LeonCite as: 531 U. S. ____ (2000) 3

State Circuit Court contesting the certification. Fla.

Stat. 102. 168 (2000). He desired relief pursuant to

102. 168(3)(c), which supplies that receipt of a quantity

of unlawful votes or rejection of the number of legal votes

enough to change or perhaps place in question the result of the

election should be grounds to get a contest. The Circuit The courtroom

denied pain relief, stating that Vice President Gore failed to

meet up with his responsibility of proof. He appealed towards the First Region

Court of Appeal, which certified the situation to the California

Accepting legislation, the Fl Supreme Courtroom af-firmed

partly and corrected in part. Gore v. Harris, ___

So. 2d. ____ (2000). The court placed that the Routine Court

had been correct to reject Vice President Gore t challenge

towards the results accredited in Nassau County and his challenge

for the Palm Beach County Canvassing Board h determina-tion

that 3, 300 ballots ensemble in that state were not, in the

The Supreme Court organised that Vp Gore had

satisfied his burden of proof under 102. 168(3)(c) with

respect to his obstacle to Miami-Dade County s i9000 failure to

tabulate, simply by manual depend, 9, 1000 ballots where the

devices had failed to detect a vote for Chief executive (under-votes).

___ So. 2d., at ___ (slip. op., at 2223). Noting

the closeness with the election, the Court described that in

this record, there can be no question that there are legal

votes within the 9, 1000 uncounted votes sufficient to place

the benefits of this election in doubt. Id., at ___ (slip. operative.

at 35). A legal have your vote, as based on the Great

Court, can be one in which in turn there is a obvious indication in the

intent of the voter. Identity., at ____ (slip operative., at 25). The

court docket therefore purchased a hands recount with the 9, 500 ballots

in Miami-Dade State. Observing which the contest provi-sions

vest extensive discretion inside the circuit evaluate to provide

any relief appropriate under these kinds of circumstances, Fla.

Stat. 102. 168(8) (2000), the Substantial Court even more held

Bibliography:

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