Bush v. Gore

Bush v. Gore, 531 U.S. 98 (2000), was a controversial U.S. Supreme Court case heard on December 11, 2000. The decision directly affected the result of the 2000 presidential election because it stopped the statewide recount that was occurring in Florida and allowed Florida to certify George W. Bush the winner for the State of Florida. With Florida's 25 electoral votes, Bush had enough electoral votes to win the Presidency.

Endnotes

:Facts & Circumstances Warranting Waiver of Statutory Deadline

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

::1. Where there is proof of voter fraud that affects the outcome of the election. In re Protest of Election Returns, 707 So. 2d 1170, 1172 (Fla. 3d DCA 1998); Broward County Canvassing Bd. v. Hogan, 607 So. 2d 508, 509 (Fla. 4th DCA 1992).

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

::2. Where there has been a substantial noncompliance with statutory election procedures, and reasonable doubt exists as to whether the certified results expressed the will of the voters. Beckstrom v. Volusia County Canvassing Bd., 707 So. 2d 720 (Fla. 1998).

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

::3. Where election officials have made a good faith effort to comply with the statutory deadline and are prevented from timely complying with their duties as a result of an act of God, or extenuating circumstances beyond their control, by way of example, an electrical power outage, a malfunction of the transmitting equipment, or a mechanical malfunction of the voting tabulation system. McDermott v. Harris, No. 00-2700 (Fla. 2d Cir. Ct. Nov. 14, 2000).

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

:Facts & Circumstances Not Warranting Waiver of Statutory Deadline

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

::1. Where there has been substantial compliance with statutory election procedures and the contested results relate to voter error, and there exists a reasonable expectation that the certified results expressed the will of the voters. Beckstrom v. Volusia County Canvassing Bd., 707 So. 2d 720 (Fla. 1998).

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

::2. Where there exists a ballot that may be confusing because of the alignment and location of the candidates? names, but is otherwise in substantial compliance with the election laws. Nelson v. Robinson, 301 So. 2d 508, 511 (Fla. 2d DCA 1974) (?ere confusion does not amount to an impediment to the voters? free choice if reasonable time and study will sort it out.?).

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

::3. Where there is nothing ?more than a mere possibility that the outcome of the election would have been effected.? Broward County Canvassing Bd. v. Hogan, 607 So. 2d 508, 510 (Fla. 4th DCA 1992).

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

Letter from Katherine Harris to Palm Beach County Canvassing Board (Nov. 15, 2000). See also Palm Beach County Canvassing Bd. v. Harris, 772 So.2d 1220, 1226 n.5 (2000), available at here.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~