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Context of '3:00 p.m., November 16, 2000: Florida Supreme Court Allows Florida Counties to Begin Manual Recount'

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Notwithstanding a deadline imposed by Florida Secretary of State Katherine Harris (see 9:00 a.m. November 13, 2000), the co-chair of Florida’s Bush campaign team (see After 3:30 a.m. November 8, 2000 and After), the Palm Beach County canvassing board votes to resume its manual recount of its election ballots (see 8:20 a.m. November 14, 2000) on Wednesday, November 15. It also votes to submit its machine-count results to Harris by the deadline, and continue the manual recounts in the hope it can resubmit its modified tallies at a later date. [US News and World Report, 12/13/2000; Leip, 2008]

Entity Tags: Katherine Harris, County of Palm Beach (Florida)

Timeline Tags: 2000 Elections

Ignoring Florida Secretary of State Katherine Harris’s decision that all counties must have certified their election vote results by yesterday afternoon (see 9:00 a.m. November 13, 2000), the Broward County canvassing board reverses its earlier decision (see Evening, November 13, 2000) and decides to conduct a full manual recount of all 587,928 ballots cast there. Harris (see After 3:30 a.m. November 8, 2000 and After) says she will not count new tallies submitted by either Broward or Palm Beach Counties (see 4:30 p.m. November 14, 2000). [US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]

Entity Tags: County of Palm Beach (Florida), County of Broward (Florida), Katherine Harris

Timeline Tags: 2000 Elections

Lawyers for the Bush presidential campaign (see After 3:30 a.m. November 8, 2000) submit written arguments to the US Federal Appeals Court in Atlanta demanding that Florida immediately halt all recounts (see 8:00 a.m. November 15, 2000 and 12:00 p.m., November 15, 2000), calling manual recounts “unconstitutional.” Three Florida counties are still engaged in manual recounts (see November 14, 2000, 3:40 p.m. November 15, 2000, and 4:30 p.m. November 14, 2000). Democrats file papers with the same court opposing the Republican motion. [US News and World Report, 12/13/2000; Leip, 2008]

Entity Tags: Al Gore presidential campaign 2000, George W. Bush presidential campaign 2000, George W. Bush

Timeline Tags: 2000 Elections

The Florida Supreme Court rules that Palm Beach and Broward Counties can proceed with a manual recount of ballots (see 4:30 p.m. November 14, 2000, 3:40 p.m. November 15, 2000, and Early Morning, November 16, 2000). Almost immediately, Palm Beach officials announce that they will begin that recount. The Court rules that a state judge must decide if the recount totals must be accepted. [US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]

Entity Tags: County of Palm Beach (Florida), County of Broward (Florida), Florida Supreme Court

Timeline Tags: 2000 Elections

Florida’s presidential vote tallies are adjusted, in line with state law, to reflect absentee ballots (see 12:00 a.m., November 17, 2000 and November 15-17, 2000). The slim lead belonging to George W. Bush (R-TX—see Evening, November 14, 2000) expands to 930 votes; Bush picks up 1,380 votes and Vice President Al Gore (D-TN) picks up 750 votes. [US News and World Report, 12/13/2000; Leip, 2008] After the modified vote tallies are announced, Bush campaign officials begin publicly complaining of manual-recount irregularities. [Pittsburgh Post-Gazette, 12/17/2000] Three Florida counties are either engaged in manual recounts or are preparing to recount (see November 17, 2000, 3:40 p.m. November 15, 2000, and 3:00 p.m., November 16, 2000).

Entity Tags: George W. Bush presidential campaign 2000, Albert Arnold (“Al”) Gore, Jr., George W. Bush

Timeline Tags: 2000 Elections

Florida Secretary of State Katherine Harris, the co-chair of Florida’s Bush campaign team (see After 3:30 a.m. November 8, 2000 and After), rejects a request by Palm Beach County election officials to give them a brief extension on turning in their recount tallies (see 3:00 p.m., November 16, 2000). This morning, Republican lawyers successfully disrupted the recounting for an hour by arguing about the order in which precincts should be handled (see 4:00 a.m. November 26, 2000). The county misses the 5:00 p.m. deadline by less than three hours, and thusly leaves almost 2,000 ballots unrecounted, though officials continue to count the remaining ballots. Harris decides to reject Palm Beach’s request after conferring with Mac Stipanovich, a Florida Republican lobbyist serving as her political “handler” (see Mid-Morning, November 8, 2000). [US News and World Report, 12/13/2000; Vanity Fair, 10/2004; Leip, 2008] Some media reports say that Democrat Al Gore picked up some 46 votes in the Palm Beach recount, though these votes are not added to the tally; Harris dubs Palm Beach’s entire recount null and void. [Guardian, 11/27/2000; Vanity Fair, 10/2004] Steven Meyer, an election observer for the Democratic Party, writes that when the 5:00 deadline arrived, election officials “had reviewed the challenged ballots in all but 51 of the 637 precincts and Gore had received a net gain of 192 votes in the manual recount.” The entire recount is finished by 7:20 p.m., and Gore’s net gain is 215 votes. Meyer learns that though Harris refused to accept the recount votes from Palm Beach County because it missed the deadline, she had accepted recounts from counties where Bush showed slight gains. Meyer writes, “This resulted in the 537 vote ‘official’ lead that the media is reporting.” Of the recount process itself, Meyer writes: “The Republican spin is that all votes have been counted by machine at least twice in every county. The only trouble is the machines don’t read every vote. The counting includes much more than simply reading the dimpled ballots. In our hand recount, we found many, many ballots on which the voter had indicated a preference, but not punched the ballot in the prescribed way. On some ballots, the voter had darkened in the numbers in each race for the candidate he or she wanted. On others, the voter punched out two different numbers, but wrote ‘Mistake’ or something equally as clear, with an arrow pointing to one of the holes. This shows clear intent to cast a vote for one candidate. The tabulating machine records this as an ‘overvote’ because more than one candidate’s number is punched, and the ballot is disqualified in the machine count.” [American Prospect, 12/14/2000]

Entity Tags: County of Palm Beach (Florida), Steven Meyer, Katherine Harris, George W. Bush, Mac Stipanovich, Albert Arnold (“Al”) Gore, Jr.

Timeline Tags: 2000 Elections

The clerks for the four liberal justices at the Supreme Court—John Paul Stevens, Stephen Breyer, David Souter, and Ruth Bader Ginsburg—continue their speculation as to whether the Court will actually attempt to decide the presidential election ((see November 20-21, 2000 and November 22-24, 2000), especially in light of Florida’s recent attempt to certify George W. Bush as the winner (see 7:30 p.m. November 26, 2000). At a November 29 dinner attended by clerks from several justices, a clerk for Justice Sandra Day O’Connor tells the group that O’Connor is determined to overturn the Florida Supreme Court’s decision to go ahead with manual recounts of election ballots (see 3:00 p.m., November 16, 2000). One clerk recalls the O’Connor clerk saying, “she thought the Florida court was trying to steal the election and that they had to stop it.” O’Connor has the reputation of deciding an issue on her “gut,” then finding legal justifications for supporting her decision. Unbeknownst to anyone outside the Court, O’Connor has already made up her mind. Gore lawyers in particular will spend endless hours trying to craft arguments to sway her vote, when the actual case will come down to Justice Anthony Kennedy, who originally wanted to accept the case. Many clerks of both liberal and conservative justices have little respect or regard for Kennedy. They consider him, according to a 2004 Vanity Fair article, “pompous and grandiloquent.” They believe he fills his office with elaborate, expensive decorations and trappings, including an elaborate chandelier, to give the idea of his power and importance. “The clerks saw his public persona—the very public way in which he boasted of often agonizing over decisions—as a kind of shtick, a very conspicuous attempt to exude fairness and appear moderate, even when he’d already made up his mind,” according to the Vanity Fair article. Conservative clerks suspect Kennedy of untoward liberal leanings, and have taken steps to ensure that the clerks he receives are ideologically sound. One liberal clerk later explains the conservative justices’ reasoning, saying, “The premise is that he can’t think by himself, and that he can be manipulated by someone in his second year of law school.” By now, Kennedy is surrounded by clerks from the hard-right Federalist Society. “He had four very conservative, Federalist Society white guys, and if you look at the portraits of law clerks on his wall, that’s true nine times out of 10,” another liberal law clerk will recall. “They were by far the least diverse group of clerks.” The conservative and liberal clerks do not socialize with one another as a rule, so it is unusual when, a day after the clerk dinner, Kevin Martin, a clerk for conservative justice Antonin Scalia, visits Stevens’s chambers. Martin went to Columbia Law School with Stevens’s clerk Anne Voigts, and he wants to see if he can explain to her the conservatives’ judicial point of view. However, two other Stevens clerks, Eduardo Penalver and Andrew Siegel, believe Martin is on some sort of reconnaissance mission, attempting to find out what grounds Stevens will cite to argue against overturning the Florida decision. Penalver and Siegel believe Martin is trying to manipulate Voigts, and Martin, after telling them to “F_ck off!” storms out of Stevens’s chambers. Clerks from O’Connor’s staff pay similar visits to other liberal justices, though these conversations do not end so contentiously. [Vanity Fair, 10/2004] O’Connor said to partygoers when the news networks announced the election for Al Gore, “This is terrible” (see After 7:50 p.m. November 7, 2000).

Entity Tags: Eduardo Penalver, Anthony Kennedy, Anne Voigts, Andrew Siegel, Albert Arnold (“Al”) Gore, Jr., David Souter, US Supreme Court, Vanity Fair, Sandra Day O’Connor, George W. Bush, Florida Supreme Court, Federalist Society, Antonin Scalia, Kevin Martin, John Paul Stevens, Ruth Bader Ginsburg, Stephen Breyer

Timeline Tags: 2000 Elections, Civil Liberties

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