Presidential Election Cases George W. Bush, et al. v. Albert Gore, Jr., et al.
For
Petitioner George W. Bush
The Florida Supreme Court erred in establishing new standards for resolving presidential
election contests that conflict with legislative enactments and thereby violate Article
II, Section 1, Clause 2 of the United States Constitution, which provides that electors
shall be appointed by each State “in such Manner as the Legislature thereof may
direct.”
The Florida Supreme Court erred in establishing post-election, judicially created standards that threaten to overturn the certified results of the election for President in the State of Florida and that fail to comply with the requirements of 3 U.S.C. § 5, which gives conclusive effect to state court determinations only if those determinations are made “pursuant to” “laws enacted prior to” election day.
The use of arbitrary, standardless and selective manual recounts to determine the results of a presidential election, including post-election, judicially created selective and capricious recount procedures that vary both across counties and within counties in the State of Florida, violates the Equal Protection or Due Process Clauses of the Fourteenth Amendment.
For Respondent Katherine Harris, Florida Secretary of State, et al.
The Gore Respondents will argue that the decision below is garden-variety statutory
construction. The [December 8 opinion of the Florida Supreme Court], though couched in
terms of statutory construction, is actually a significant departure from the pre-election
legislative scheme. When “judicial construction of a statute is unexpected and
indefensible by reference to the law which had been expressed,” it constitutes a
change in the law. Bouie v. City of Columbia, 378 U.S. 347, 354 (1964). The changes
outlined above have no basis in the legislative enactments and constitute such a change.
For Respondent Albert Gore, Jr., et al.
The Florida Supreme Court’s decision interpreting and applying the provisions
governing contest proceedings in Florida’s Election Code according to established
canons of statutory construction does not violate Article II, § 1, cl. 2.
The Florida Supreme Court’s decision is consistent with 3 U.S.C. § 5.
The Florida Supreme Court’s decision, enforcing Florida’s contest provisions by ordering the manual review of ballots not counted by machines under the legal standard for determining their validity specified in Fla. Stat. § 101.5614, violates neither the Equal Protection Clause nor the Due Process Clause of the Fourteenth Amendment.
