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2000 Elections

Recounts and recount requests

Project: US Electoral Politics
Open-Content project managed by Derek, mtuck

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John Prescott Ellis.John Prescott Ellis. [Source: Bush-Clinton Fraud (.com)]Fox News chairman Roger Ailes (see October 7, 1996), a Republican campaign consultant (see 1968, January 25, 1988, and September 21 - October 4, 1988), chooses an unlikely reporter to anchor Fox’s election night coverage: John Prescott Ellis, a freelance Republican political adviser and the first cousin of George W. Bush (R-TX), the Republican presidential candidate. (Ellis is the son of George Herbert Walker Bush’s sister, Nancy Ellis.) Ellis was originally hired to cover the party primaries. A later study of voting patterns by the University of California will determine that in areas where voters have access to Fox News, the network’s relentless pro-Bush coverage shifts some 200,000 votes from Democrat Al Gore (D-TN) to Bush, but Ailes wants to make sure his network’s coverage is favorable to Bush, and has always had Ellis in mind for the election night anchor position, for which he specifically gives Ellis a 30-day contract. Ellis is very close to Bush’s brother Jeb Bush (R-FL), the sitting governor of Florida (“Jeb” is an acronym for his full name, John Ellis Bush). Ellis recused himself from campaign coverage in a June 1999 Boston Globe column, defending George W. Bush from allegations of cocaine use, calling the Clinton-Gore administration “morally berserk,” and telling his readers, “There is no way for you to know if I am telling you the truth about George W. Bush’s presidential campaign, because in his case, my loyalty goes to him and not to you.” Instead of this posing an ethical dilemma or being seen as a conflict of interest at Fox, Ellis is Ailes’s first and only choice to anchor the network’s election coverage. (Ailes will later tell a February 2001 House committee hearing, “We at Fox News do not discriminate against people because of their family connections”—see February 14, 2001.) [Washington Post, 11/14/2000; Salon, 11/15/2000; Observer, 11/19/2000; Associated Press, 12/11/2000; Buffalo Beat, 12/14/2000; Nation, 11/6/2006; New York Magazine, 5/22/2011] Ellis will pre-emptively call the election for Bush, sparking the Florida recount controversy and helping propel his cousin into the White House (see November 7-8, 2000). In a response to testimony in the same February 2001 House committee hearing, Joan Konner, a journalism professor who will lead a CNN-commissioned independent study of the problems in that network’s election night coverage, will call Ellis’s hiring a substantial breach of journalistic ethics and standards. “If John Ellis had, indeed, made comments stating that his loyalties to the Bush family superceded any commitment he has to his profession or his employer, then I would judge that to be not only a perceived conflict-of-interest but a real conflict-of-interest for a journalist,” she will write in a letter to Representative John Dingell (D-MI). “While that does not disqualify an individual from any position as a journalist, it would, in my judgement, disqualify that person for any decision-making role involving reporting on his relatives during an election. Often friends and relatives are hired by journalism organizations because of their connections to the newsmakers. Their access to sources makes them valuable to the organization. However, the news organization should take every precaution against placing such an individual in an assignment that could result in bias in reporting.” [House of Representatives, Committee on Energy and Commerce, 2/14/2001]

Entity Tags: John Ellis (“Jeb”) Bush, Fox News, Boston Globe, Albert Arnold (“Al”) Gore, Jr., George W. Bush, John Dingell, Roger Ailes, Nancy Ellis, Joan Konner, John Prescott Ellis

Timeline Tags: Domestic Propaganda

Category Tags: Irregularities, Recounts, Key Events, Media Coverage, Florida

Fox News chief Roger Ailes has hired John Prescott Ellis, a freelance Republican political advisor and an intensely loyal cousin of presidential candidate George W. Bush (R-TX), to head the network’s election-night coverage for the 2000 presidential election (see October-November 2000). During the election, Ellis is in constant contact with Bush and his senior campaign aides, speaking with Bush himself five separate times during the evening.
Calling Florida for Gore - At 7:52 p.m., Bush’s brother Jeb Bush (R-FL), the sitting governor of Florida, calls Ellis to protest when Fox “mistakenly” projects Florida as going to Al Gore (D-TN). Ellis tells Jeb Bush that he is looking at a computer “screenful of Gore.” Bush reminds Ellis, “But the polls haven’t closed in the panhandle.” Ellis replies, “It’s not going to help.” Voter News Service (VNS), the voting consortium the networks all use, rates the race a 99.5 percent certainty that Gore has won Florida, a conclusion that VNS and network officials alike later say was a mistake (see February 14, 2001). The prediction is indeed inaccurate; within minutes, Gore’s lead begins to shrink again. At 9:38 p.m., VNS issues a correction of an inaccurate vote count for Duval County, stripping Gore of a number of phantom votes, and the race is again far too close to call.
Calling Florida for Bush - At 2:10 a.m., Ellis sees data from VNS that shows Bush with a 51,433-vote lead, and 179,713 votes left to be counted. (The latter figure is grossly inaccurate, later data proves; over 350,000 votes actually remain to be counted.) Gore would need 63 percent of those votes to win, a scenario that is statistically unlikely. Ellis calls Jeb Bush to say that it is “statistically impossible” for Bush to lose. Around 2:15 a.m., Ellis puts the telephone down and excitedly announces to his team: “Jebbie says we got it! Jebbie says we got it!” Even though Florida is still rated “too close to call” by VNS, Fox News vice president John Moody gives the go-ahead to project Bush the winner in Florida. Fox News anchor Brit Hume makes the call for Bush at 2:16 a.m. The other networks hurriedly, and inaccurately, follow suit. [Washington Post, 11/14/2000; Observer, 11/19/2000; Associated Press, 12/11/2000; Buffalo Beat, 12/14/2000; American Journalism Review, 1/2001; Nation, 11/6/2006; New York Magazine, 5/22/2011] Hume himself is a bit apprehensive of the call. “I must tell you, everybody, after all this, all night long, we put Bush at 271, Gore at 243,” he tells Fox viewers. “I feel a little bit apprehensive about the whole thing. I have no reason to doubt our decision desk, but there it is.” [Time, 11/15/2000]
Other Networks Follow Suit - As Hume is announcing Bush’s “victory” in Florida, NBC News election coverage chief Sheldon Gawiser is on the telephone with Murray Edelman, the editorial director for VNS. Gawiser is considering calling Florida for Bush, and wants to discuss calling the race for Bush while citing Edelman and VNS as the sources responsible for such a call. Edelman is shocked that Gawiser wants to make any call with Bush’s lead not only very small, but dwindling. But as the two are talking, Fox’s announcement comes over NBC’s monitors, and Gawiser breaks off the call, saying: “Sorry, gotta go. Fox just called it.” At 2:17 a.m., NBC projects Bush the winner in Florida and the next president of the United States. The joint decision team for CBS and CNN, Warren Mitofsky and Joe Lenski, make the same decision a minute later. After CBS declares Bush’s victory, anchor Dan Rather tells viewers: “Let’s give a tip of the Stetson to the loser, Vice President Al Gore, and at the same time, a big tip and a hip, hip, hurrah and a great big Texas howdy to the new president of the United States. Sip it, savor it, cup it, photostat it, underline it in red, press it in a book, put it in an album, hang it on the wall—George W. Bush is the next president of the United States.” The ABC decision team resists making the call, not trusting the data (it had similar reservations about the earlier call for Gore), but according to ABC election consultant John Blydenburgh, a network executive overrides the decision team and has ABC declare Bush the projected winner at 2:20 a.m. Blydenburgh says the executive does not want ABC to look “foolish” by being the only network not to recognize Bush as the next president. The Associated Press (AP) refuses to make the call, saying that its figures show Bush with only a 30,000-vote lead, and that steadily dwindling (by 2:30 a.m., Bush’s lead, by the AP’s count, is below 19,000 votes; a glitch in the Volusia County numbers that comes in minutes after the call for Bush slashes Bush’s lead considerably, validating the AP’s reluctance to make the call). But the television broadcasts drive the story. Network pundits immediately begin dissecting Bush’s “victory” and speculating as to why Gore “lost.” [American Journalism Review, 1/2001; Nation, 11/6/2006] Shortly after 3 a.m., CBS’s Ed Bradley begins informing viewers that the AP numbers show Bush with a lead of only 6,000 votes. Rather tells the viewers that if the AP is correct, the previous call for Bush may be premature. “Let’s not joke about it folks,” he says. “You have known all night long and we’ve said to you all night long that these estimates of who wins and who loses are based on the best available information we have. CBS News has the best track record in the business, over a half century plus, for accuracy on election night. But nobody’s perfect.” However, few listen to either CBS’s caveats or the AP’s refusal to call the election. [American Journalism Review, 1/2001] By 4:52 a.m., Bush’s lead has dwindled to 1,888 votes.
Fox Leads the Narrative for Bush - Gore initially concedes the race, but when the networks begin retracting their declaration and return Florida to the “too close to call” status, he retracts his concession. In their last conversation of the evening, Bush tells Ellis that Gore has taken back his concession, and says: “I hope you’re taking all this down, Ellis. This is good stuff for a book.” The morning headlines in most daily papers declare Bush the winner; much of the news coverage slams Gore as indulging in “sour grapes” for not conceding the election. Rather later says: “We’ll never know whether Bush won the election in Florida or not. But when you reach these kinds of situations, the ability to control the narrative becomes critical. Led by Fox, the narrative began to be that Bush had won the election.” In 2011, Rolling Stone reporter Tim Dickinson will write, “A ‘news’ network controlled by a GOP operative who had spent decades shaping just such political narratives—including those that helped elect the candidate’s father—declared George W. Bush the victor based on the analysis of a man who had proclaimed himself loyal to Bush over the facts.” After the election, House Representative Henry Waxman (D-CA) says: “Of everything that happened on election night, this was the most important in impact. It immeasurably helped George Bush maintain the idea in people’s minds that he was the man who won the election.” [Observer, 11/19/2000; Associated Press, 12/11/2000; Buffalo Beat, 12/14/2000; New York Magazine, 5/22/2011] Ellis later writes that Bush did not try to influence his coverage. “Governor Bush was, as always, considerate of my position,” Ellis will write. “He knew that I would be fried if I gave him anything that VNS deemed confidential, so he never asked for it. He made a point of getting the early exit poll data from other sources before talking to me.” [Associated Press, 12/11/2000]
Criticism of Fox, Ellis - Tom Rosenstiel, director of the Project for Excellence in Journalism, later says of Ellis and Fox while the election is still in dispute: “The notion you’d have the cousin of one presidential candidate in a position to call a state, and the election, is unthinkable. Fox’s call—wrong, unnecessary, misguided, foolish—helped create a sense that the election went to Bush, was pulled back, and it’s just a matter of time before his president-elect title is restored. But that said, John Ellis is a good man, a good journalist whose judgment was overcome by excitement. He put himself in an impossible situation, but the mistake was not so much his as Rupert Murdoch’s for putting him in that position.… Everybody knows it’s a partisan channel, but its marketing slogan, ‘We report; you decide,’ is now totally obliterated by the fact that one candidate’s first cousin is actually deciding, and then they report.” (Rosenstiel is apparently unaware that Murdoch, who owns Fox News’s parent company News Corporation, did not make the call to hire Ellis.) Rosenstiel’s colleague Carl Gottlieb is less restrained, saying: “It’s beyond belief. The network should not have allowed Ellis to report on this election. As a viewer, after reading this story and reading about Ellis’s involvement in calling the race, you can’t help but get the idea that this guy’s complicit in what’s going on now down in Florida.” Murdoch will later claim that Fox News displayed “no partisanship” in its election-night coverage. Ellis will later tell a reporter: “It was just the three of us guys handing the phone back and forth—me with the numbers, one of them a governor, the other president-elect. Now that was cool. And everybody followed us.” [Observer, 11/19/2000; Nation, 11/6/2006] Ellis will also later deny telling his team that “Jebbie” gave him the go-ahead to call the election for Bush, instead saying he made the call based on his own calculations. Statistician Cynthia Talkov, the only member of Fox’s election team who actually understands the VNS statistical models, later says she never saw Ellis making any such calculations, and will say Ellis did not ask her for her opinion for his call, though every other projection that evening was made with her explicit approval. Talkov is one of the people who will confirm that Ellis received the go-ahead to call the election from Jeb Bush. A post-election analysis prepared by outside reviewers for CNN later issues sharp criticisms of the networks, noting, “On Election Day 2000, television news organizations staged a collective drag race on the crowded highway of democracy, recklessly endangering the electoral process, the political life of the country, and their own credibility.” Mitofsky, who invested election polls and developed the election night projection system the networks use, later calls Ellis’s actions “the most unprofessional election night work I could ever imagine. He had no business talking to the Bush brothers or to any other politician about what he was doing.” On the other hand, Ailes will characterize Ellis’s actions as those of “a good journalist talking to his very high-level sources on election night.” [Nation, 11/6/2006]
Fox 'Investigation' Comes Up Empty - Fox News will announce an “investigation” of any conflicts of interest or unprofessional behavior concerning Ellis’s role in declaring Bush the winner, but nothing will come of any such investigation. The “investigation” will find that Ellis gave no VNS information to either George W. Bush, Jeb Bush, or any Bush campaign official, though Ellis himself will freely admit to a New Yorker reporter that he shared VNS data with both Bushes repeatedly during the evening. Such sharing of data would constitute a violation of journalistic ethics as well as possible criminal behavior. [Observer, 11/19/2000; Nation, 11/6/2006] Ailes had specifically warned his team not to share VNS information with anyone from the campaigns. [Salon, 11/15/2000] Before the investigation is even launched, Moody will say: “Appearance of impropriety? I don’t think there’s anything improper about it as long as he doesn’t behave improperly, and I have no evidence he did.… John has always conducted himself in an extremely professional manner.” [Washington Post, 11/14/2000]

Entity Tags: Voter News Service, Warren Mitofsky, Tom Rosenstiel, Sheldon Gawiser, Tim Dickinson, Roger Ailes, CNN, ABC News, CBS News, Brit Hume, Boston Globe, Albert Arnold (“Al”) Gore, Jr., Associated Press, News Corporation, Rupert Murdoch, Murray Edelman, Fox News, Ed Bradley, Dan Rather, Cynthia Talkov, Carl Gottlieb, George W. Bush, NBC News, Henry A. Waxman, John Prescott Ellis, John Moody, John Ellis (“Jeb”) Bush, Joe Lenski, John Blydenburgh

Category Tags: Exit polls, Political strategies, Recounts, Key Events, Media Coverage, Florida

The US electoral map as of the morning of November 8. Florida, New Mexico, and Oregon are still rated as ‘too close to call.’The US electoral map as of the morning of November 8. Florida, New Mexico, and Oregon are still rated as ‘too close to call.’ [Source: BBC]America wakes to a presidential election too close to call, though many morning newspapers, basing their headlines on the latest information received before going to press in the early morning hours, have headlines declaring George W. Bush (R-TX) the president-elect (see 2:15 a.m. November 8, 2000). The margin in Florida stands officially at Bush with 2,909,135 votes (48.8 percent) to Democratic contender Al Gore’s 2,907,351 votes (48.8 percent)—a margin of 1,784 votes in Bush’s favor. 136,616 votes, or 2.4 percent, are registered to other candidates. Stories of voting irregularities are surfacing, particularly in Palm Beach County, where thousands of voters complain that their punch card ballots led them to vote for candidates they did not intend to select (see 7:00 a.m. November 7, 2000 and After). Later in the day, the Florida state government orders a full machine recount in compliance with Florida Election Code 102.141 that requires a recount of ballots if the margin of victory is 0.5 percent or less. Florida Governor Jeb Bush, the brother of George W. Bush, recuses himself from the process. [Circuit Court of the 15th Judicial Circuit In and For Palm Beach County, Florida, 11/8/2000 pdf file; Jurist, 2003; Leip, 2008] The press reports that if the recounts do not clearly determine a winner, the US might have to wait “up to eight days longer as absentee ballots mailed from overseas are counted” (see 12:00 a.m., November 17, 2000). Governor Bush joins with Florida Attorney General Robert Butterworth, the Florida chairman for the Gore campaign, in a promise “to deal swiftly with any election irregularities.” Governor Bush says, “Voter fraud in our state is a felony, and guilty parties will be prosecuted to the fullest extent of the law.” [National Journal, 11/9/2000] Bush is credited with having won 29 states with 246 electoral votes. Gore has 18 states and the District of Columbia, with a total of 255 electoral votes. Oregon and New Mexico are also rated as “too close to call,” but because of the electoral vote totals, their total of 12 electoral votes are irrelevant. Florida’s 25 votes, however, are necessary for either candidate to win the election. To be declared president, one or the other needs to reach 270 votes. Wisconsin and Iowa are also briefly considered close, though Gore wins both of those states, and eventually Oregon and New Mexico (see November 13 - December 1, 2000), all with razor-thin margins. [Leip, 2000; CNN, 11/13/2000]

Entity Tags: Albert Arnold (“Al”) Gore, Jr., John Ellis (“Jeb”) Bush, Robert Butterworth, George W. Bush

Category Tags: Recounts, Florida, Key Events

An example of a ballot with so-called ‘hanging chads,’ ‘chads’ punched partially through the ballot but still ‘hanging’ on to the back of the ballot. Punch-card voting machines often do not read these as votes.An example of a ballot with so-called ‘hanging chads,’ ‘chads’ punched partially through the ballot but still ‘hanging’ on to the back of the ballot. Punch-card voting machines often do not read these as votes. [Source: Authentic History]The presidential campaign team of Vice President Al Gore asks for a hand count of presidential ballots in four Florida counties, as allowed under Florida Election Code 102.166. Gore’s recount request covers four Florida Democratic strongholds: Palm Beach, Miami-Dade, Broward, and Volusia. Between them, the four counties recorded about 1.8 million votes cast. All four counties seem to have serious issues surrounding their vote totals (see November 7, 2000 and Mid-Morning, November 8, 2000).
Florida Has No Legal Provision for Statewide Recounts This Early - The Gore decision to ask for the specific recounts in four counties is necessary, as Florida state law has no provision for a statewide recount request at this stage: a candidate has 72 hours after an election to request manual recounts on a county-by-county basis, and such requests must be based on perceived errors. Otherwise the candidate must wait until the election is formally certified and then make a request for a statewide recount—a request the Gore team felt certain would be refused by Florida Secretary of State Katherine Harris, who is also the co-chair for the Florida Bush campaign (see After 3:30 a.m. November 8, 2000 and After).
Accusations of 'Cherry-Picking' - However, the Bush team uses the Gore request of “selective recounts” to launch a press narrative that Gore wants to “cherry-pick” counties for recounts that he thinks will give him an advantage, regardless of Gore’s claims that he wants “all votes counted.” As Vanity Fair will observe in 2004: “Proper as this was by Florida election law, the Democrats’ strategy gave [Bush lawyer James] Baker the sound bite he’d been seeking: Gore was just cherry-picking Democratic strongholds. It was a charge the Bush team wielded to devastating effect in the media, stunning the Gore team, which thought its strategy would be viewed as modest and fair.” The Gore campaign, shocked by what it perceives as the patent unfairness of the Bush response and by the media’s apparent acceptance of it, responds poorly, giving the Bush campaign the opportunity to set the narrative. [Vanity Fair, 10/2004; Leip, 2008]
Bush Threatens More Recounts - The Bush campaign threatens to demand recounts in Wisconsin, Iowa, and New Mexico if Gore does not withdraw his challenges in Florida. [Authentic History, 7/31/2011]
Swapping Accusations - Former Republican Party chairman Haley Barbour accuses the Democrats of “trying to to take the election of the president out of the election process, which is controlled by voters, and put it in the court process, which is controlled by lawyers.” Former Representative Bill Paxon (R-FL) accuses the Gore campaign of using “legal action to undermine this vote. They know that their chances to win are slim to none.” Bush campaign chairman Donald Evans says, “Vice President Gore’s campaign didn’t like the outcome of Election Day, and it seems they’re worried that they won’t like the official recount result either.” Gore’s campaign chairman William Daley says of the Bush campaign, “I believe that their actions to try to presumptively crown themselves the victors, to try to put in place a transition (see November 9, 2000), run the risk of dividing the American people and creating a sense of confusion.” Gore spokesman Chris Kehane tells a CNN audience: “This is a nation of laws, we ought to respect our laws. But we think that our victory is going to be sweet. We think we have won the popular vote. That’s pretty clear. And we believe we are going to win the popular vote within the state of Florida and thereby win the electoral vote as well.” Gore himself “pledge[s]” to honor the results of the election should the recounts show that Bush is the legitimate winner, saying that the recount “must be resolved in a way that satisfied the public and honors the office of the presidency.” [National Journal, 11/9/2000; New York Times, 11/9/2000]

Entity Tags: County of Miami-Dade (Florida), County of Broward (Florida), Bill Paxon, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, William Michael (“Bill”) Daley, Vanity Fair, Katherine Harris, James A. Baker, George W. Bush, Donald L. Evans, George W. Bush presidential campaign 2000, Haley Barbour, County of Volusia (Florida), Chris Kehane, County of Palm Beach (Florida)

Category Tags: Legal action, Recounts, Florida

By the end of the business day, 64 of Florida’s 67 counties have retallied their machine votes. Presidential candidate George W. Bush (R-TX) leads Vice President Al Gore (D-TN) by 362 votes in an unofficial tally released by the Associated Press. Florida Secretary of State Katherine Harris (see After 3:30 a.m. November 8, 2000 and After) announces that official results from the recount may not be completed until November 14. [Leip, 2008] The Bush campaign’s quick-response team (see After 3:30 a.m. November 8, 2000 and Mid-Morning, November 8, 2000) finds the recount tallies sobering and fears a true manual recount. Led by lawyer James Baker, they decide that the only way to ensure victory for their candidate is to stop all recounts. [Vanity Fair, 10/2004]

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

Category Tags: Recounts, Florida

ABC News’s Nightline broadcasts an hour-long analysis of the Florida election recount situation (see Early Morning, November 8, 2000 and November 9, 2000). However, host Ted Koppel interviews three representatives from the Bush presidential campaign (see After 3:30 a.m. November 8, 2000) and none from the Gore campaign, leading to what the progressive media watchdog Web site Fairness and Accuracy in Reporting (FAIR) will later call a slanted report. All three Bush aides call the recount situation a “crisis” that must be resolved immediately (see Evening, November 8, 2000), deride reports of voter manipulation and minority voters denied their right to vote (see November 7, 2000), and accuse the Gore campaign of attempting to steal the election through legal maneuvering. “Koppel did not subject his guests to tough questioning,” FAIR will note. [Fairness and Accuracy in Reporting, 11/16/2000]

Entity Tags: ABC News, Fairness and Accuracy in Reporting, George W. Bush presidential campaign 2000, Al Gore presidential campaign 2000

Timeline Tags: Domestic Propaganda

Category Tags: Political strategies, Recounts, Media Coverage, Florida

Unpunched ‘chads’ from punch-card ballots. The voter uses a pencil or stylus to ‘punch’ the chad entirely out of the ballot, leaving a rectangular hole that is read by the voting machine.Unpunched ‘chads’ from punch-card ballots. The voter uses a pencil or stylus to ‘punch’ the chad entirely out of the ballot, leaving a rectangular hole that is read by the voting machine. [Source: Authentic History]The mandated machine recount in Florida’s 67 counties (see 5:00 p.m. November 9, 2000) is completed by all but one county. George W. Bush (R-TX) holds a 327-vote lead. The Gore presidential campaign has requested manual recounts for Miami-Dade, Broward, Palm Beach, and Volusia Counties, where ballot totals are in dispute (see November 9, 2000). Miami-Dade (see November 7, 2000), Broward, and Palm Beach, all of which use obsolete punch-card voting machines, are weighing whether to conduct manual recounts of, firstly, 1 percent of their ballots (sample recounts), and if the results warrant, moving to full recounts. One of the biggest questions is that of so-called “undervotes,” ballots that have no choice registered for a candidate. When a voter attempts to punch through a hole to register a choice but fails to do so completely, that vote is not counted, and instead is classified as an “undervote.” (“Overvotes” are an issue as well with “optiscan” machines, where voters use pencils to fill in ovals corresponding to their choices and feed the ballots into a machine scanner. Sometimes voters fill in votes for both candidates—say, both Bush and Gore—and in such cases voter intent cannot be determined. The machine records no choice. But sometimes voters accidentally “bubble in” both choices, then write “Gore” and an arrow or some other indication of their selection on the ballot. These votes are also not counted, though a manual recount can quickly determine voter intent in these cases. Even stray pencil marks can cause an optiscan ballot to be rejected. Forty-one of Florida’s 67 counties use optiscan machines.) 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), sends young lawyer Kerey Carpenter to Palm Beach to lend her “assistance” in resolving its recount question. Elections board chairman Judge Charles Burton will later recall that while Carpenter identifies herself as a lawyer, she does not inform them that she works for Harris. Instead of assisting in the sample recount process, Carpenter interferes. At one point, after the sample recount has produced some 50 additional votes for Gore, Carpenter objects to the standard of decision; the punch cards have small rectangular holes filled with detachable “chads,” small portions of paper that are pushed through and discarded. The board is using the criteria that a “chad” that is detached at one corner can indicate a vote. Carpenter convinces Burton to change the standard to two detached corners. This decision reduces Gore’s 50 new votes to six. Carpenter, still not revealing her status as a Harris employee, convinces Burton to ask Harris for a “formal opinion” as to what grounds justify a full recount. Burton does so. Harris will set an impossibly high standard for recounts, but will almost immediately be overruled by a judge (see 9:00 a.m. November 13, 2000). [Pittsburgh Post-Gazette, 12/17/2000; Vanity Fair, 10/2004]

Entity Tags: County of Palm Beach (Florida), Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, Charles Burton, County of Miami-Dade (Florida), County of Volusia (Florida), Kerey Carpenter, County of Broward (Florida), George W. Bush, George W. Bush presidential campaign 2000, Katherine Harris

Category Tags: Punch-card voting machines, Recounts, Key Events, Florida

In an editorial, the Washington Post castigates the Gore campaign for continuing to press for recounts in Florida. After acknowledging that George W. Bush’s lead in that state “appear[s] to have melted to fewer than 300 votes” as the recounts continue (see 5:00 p.m. November 9, 2000), and noting that for Gore to “call for as careful a count as possible in an election as close as this, with so much a stake, seems unobjectionable to us; it can only help to ensure legitimacy,” it then slams Gore campaign manager William Daley for his suggestion that Gore may file lawsuits to ask for manual recounts. Daley said, referring to the widely held belief in the Gore camp that if the votes are tallied completely, Gore would have significantly more votes than Bush, “If the will of the people is to prevail, Al Gore should be awarded a victory in Florida and be our next president.” The Post calls Daley’s remark “poisonous,” saying that Daley is attempting to imply that the Bush camp is trying to steal the election, and demands that Gore “disown” it immediately. The Post also chides Gore officials for implying, somehow, that “Gore’s narrow lead in the popular vote somehow gives him superior status—if not quite a partial claim to the office, then a greater right to contest the electoral outcome in Florida. But that’s false, and they know it. The electoral vote is what matters.” The editorial chides the Bush campaign for leaking its “transition plans” and trying to give “the impression of measuring for new curtains in the Oval Office,” as Bush has not been certified the winner of the race. “Florida hasn’t certified its results, and Mr. Bush has no more claim to the title of president-elect than the vice president. Both sides need to back off at this stage. They are risking a political war that could spread far beyond Florida, one that would be far harder to stop than to begin.” The Post concludes by advising the Gore campaign that calling for recounts is far different from filing lawsuits to force recounts; the first is acceptable, but the second “should be approached with enormous caution and restraint.” [Washington Post, 11/10/2000] In 2010, the Center for American Progress will note that Daley’s claim that Gore “should be awarded a victory in Florida and be our next president” was a claim Bush campaign lawyer James Baker “was saying pretty much every day on Bush’s behalf.” The Post does not have a similar reaction to Baker’s claims. [Center for American Progress, 12/9/2010] The same day the Post editorial is published, the New York Times publishes a piece by historian Richard Reeves that flatly falsifies presidential history in its call for Gore to abandon his post-election challenge (see November 10, 2000). The Post also publishes an editorial by former Republican Senator Bob Dole asking Gore to concede for the good of the nation (see November 11, 2000).

Entity Tags: New York Times, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, Center for American Progress, James A. Baker, Robert J. (“Bob”) Dole, Washington Post, George W. Bush, William Michael (“Bill”) Daley, Richard Reeves

Timeline Tags: Domestic Propaganda

Category Tags: Political strategies, Recounts, Media Coverage

Historian and presidential biographer Richard Reeves fundamentally misrepresents history in a New York Times editorial asking Vice President Al Gore (D-TN) to end the Florida election standoff by conceding to George W. Bush (R-TX). Reeves notes correctly that the 1960 presidential election between Republican Richard Nixon and Democrat John F. Kennedy was extraordinarily close. Reeves asserts that Nixon and Kennedy discussed the situation after the votes were initially tallied and Nixon decided not to challenge the results. “If Nixon had decided to pursue a challenge, he might have had a good case,” Reeves writes. “Republicans were producing claims of fraud, waving sworn depositions from election officials in Illinois and Texas. It was great stuff: there were 6,138 votes cast by the 4,895 voters registered in Fannin County, Texas; in the 38th precinct of Chicago’s sixth ward, 43 voters seemed to have cast 121 votes in the hour after the polls opened. But whatever else he was, Nixon was a patriot. He understood what recounts and lawsuits and depositions carried out over months—even years—would do to the nation. He was also a realist, and he knew that investigations might well turn up examples of his own party’s tradition of recording votes for folks dead or alive in southern Illinois and a few other venues.” Reeves goes on to note that Kennedy’s slight popular vote lead translated into a strong Electoral College lead, and that Nixon’s patron, former President Dwight D. Eisenhower, “was angry about the alleged fraud but finally told Nixon that he could not back him in a challenge to the results.” As Nixon reportedly explained to a reporter afterwards, “The country can’t afford the agony of a constitutional crisis, and I damn well will not be a party to creating one just to become president or anything else.” Reeves uses the example of Nixon’s patriotism and restraint in arguing that Gore should emulate Nixon and gracefully concede the election. [New York Times, 11/10/2000] However, Reeves fundamentally misrepresents Nixon’s actions and historical events. Nixon was, as Reeves writes, convinced that Kennedy fraudulently won the election. And rumors of election fraud had circulated even before Election Day, such as in Chicago, where Democratic majorities were considered suspect. When the votes were tallied and Kennedy declared the winner, angry Republicans demanded an investigation. Nixon later said in both interviews and his own memoirs that he refused to dispute the election. Publicly, Nixon conceded the election to Kennedy, but privately, he encouraged his aides and fellow Republicans to overturn the results. In the weeks after the election, many newspapers pursued the story, fueled by Republicans who made a bevy of allegations and charges of election fraud and rampant cheating. Slate’s David Greenberg later writes: “[T]he Republican Party made a veritable crusade of undoing the results. Even if they ultimately failed, party leaders figured, they could taint Kennedy’s victory, claim he had no mandate for his agenda, galvanize the rank and file, and have a winning issue for upcoming elections.” Three days after the election, Senator Thruston Morton (R-KY), the chairman of the Republican National Committee (RNC), launched bids for recounts and investigations in 11 states, including Texas, Illinois, and New Jersey. Days later, close Nixon aides sent agents to conduct what they called “field checks” in eight of those states. Another aide tried to create a “Nixon Recount Committee” in Chicago. Recounts were indeed obtained. Grand juries were empaneled and a special prosecutor was appointed. The FBI launched investigations into voter fraud and election theft. The recounts and investigations proved nothing of significance, and one by one, they lapsed. The last recount, in Illinois, lasted for over a month after the election; on December 9, 1960, when recount tallies gave Nixon a mere 943 extra votes, Republicans filed a lawsuit in federal court to summarily grant Illinois’s 27 electoral votes to Nixon, which was dismissed. Republicans then took their case to the Illinois Board of Elections, which, even though it had a majority of Republicans comprising it, rejected the petition. Even after December 19, when the Electoral College formally certified Kennedy as the winner, recounts and legal challenges were still in the works. [Slate, 10/16/2000; Salon, 11/10/2000] Boston Globe columnist David Nyhan, considered a liberal like Reeves, echoes Reeves’s portrayal of Nixon in a column that is published the same day as Reeves’s. Nyhan calls Nixon’s supposed concession that president’s “most magnaminous act” and recommends that Gore step aside. [Fairness and Accuracy in Reporting, 11/16/2000]

Entity Tags: George W. Bush, Federal Bureau of Investigation, David Nyhan, David Greenberg, Albert Arnold (“Al”) Gore, Jr., US Electoral College, Thruston Morton, Richard M. Nixon, Dwight Eisenhower, New York Times, Republican National Committee, John F. Kennedy, Illinois Board of Elections, Republican Party, Richard Reeves

Timeline Tags: Domestic Propaganda

Category Tags: Recounts, Media Coverage, Florida

The presidential campaign of Vice President Al Gore (D-TN) gains seven electoral votes when Oregon, a state rated too close to call, is officially reported as voting for him. The Gore campaign loses five electoral votes when New Mexico, a state once rated as projected for Gore, is relabeled “too close to call.” [Leip, 2008; Leip, 2008] New Mexico will be granted to Gore when that state completes manual recounts demanded by the Bush campaign (see November 13 - December 1, 2000).

Entity Tags: Albert Arnold (“Al”) Gore, Jr.

Category Tags: Recounts, Key Events, New Mexico, Oregon

Former US Senator Bob Dole (R-KS) writes an op-ed for the Washington Post urging Democratic presidential candidate Al Gore to abandon his attempts to win the presidential election and concede the election to Republican George W. Bush. “It was a close election, but it’s over,” Dole writes. Dole begins by recalling his own experience from 1976, where Republican President Gerald Ford, with Dole as his running mate, chose not to challenge a narrow election loss to Democrat Jimmy Carter. “It took a while, but I was proud of Gerald Ford when he did the right thing by not contesting the election,” Dole writes. Dole asserts that two separate recounts have taken place [in reality, only one, a machine recount, has occurred—see November 10, 2000] and both verify Bush as the winner of the Florida vote. Instead of gracefully conceding, Dole writes, the Gore campaign is “making every effort to keep the nation divided for weeks with recounts, lawsuits, and endless politicization of the election.” Dole urges Gore “to put his country’s agenda ahead of his agenda; to put the people’s interests before his personal interests.” The American people need closure after a long presidential campaign, Dole argues, and to drag out the process “is bad for the people.” Gore “risks alienating even more Americans” by continuing to press for manual recounts. “Participation in our democracy continues to decline. More and more people are turned off by politics and are tuning out of elections. It is precisely this type of politicization that continues to disenchant people. They want leadership, not lawsuits. They need someone committed to what is good for the country, not what is good for a post election campaign.” Asking for recounts “is bad for the country.” Bush needs time to plan and execute a smooth transition into the presidency, Dole writes, time that Gore is not giving him. Bush “must begin planning his administration. He must prepare a budget and begin selecting a cabinet. He must begin meeting with world leaders and a Congress already bitterly divided. A smooth transition will help to ensure a successful presidency and a more secure and prosperous nation for the next four years.” And finally, history will look askance at Gore for being “the first presidential candidate to challenge his election defeat in the courts. The presidency should be won through inspiration, not litigation.” [Washington Post, 11/11/2000]

Entity Tags: George W. Bush presidential campaign 2000, Robert J. (“Bob”) Dole, Gerald Rudolph Ford, Jr, James Earl “Jimmy” Carter, Jr., Albert Arnold (“Al”) Gore, Jr., Washington Post, George W. Bush

Timeline Tags: Domestic Propaganda

Category Tags: Political strategies, Recounts, Media Coverage, Florida

The “quick response” legal team of the Bush presidential campaign, led by former Secretary of State James Baker (see After 3:30 a.m. November 8, 2000 and Mid-Morning, November 8, 2000), asks for a federal injunction to stop hand recounts of ballots in several Florida counties because of what it alleges are equal protection and other constitutional violations (see November 9, 2000). Two days later, US District Judge Donald Middlebrooks rejects the request. Throughout the upcoming weeks, Baker and his team will continue to demand that recounts be blocked, while accusing the Gore campaign of asking for “recount after recount” and saying that the voting machine totals are more accurate than manual (hand) vote tallies. [US District Court, Southern District of Florida, 11/13/2000 pdf file; US News and World Report, 12/13/2000; CNN, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008] The Bush campaign decided after the manual recounts that it must stop all subsequent recounts, but at the same time must pin the blame for “taking the election to court” on the Gore campaign. So even though Baker and his team are the first to file motions in court, and though it is Baker’s team that will contest all recounts from this point onward, Baker and his team will persist in accusing the Gore campaign of trying to have the election decided in court and not by the votes. A 2004 article in Vanity Fair will characterize this attempt as very successful in the mainstream media. [Vanity Fair, 10/2004]

Entity Tags: Donald Middlebrooks, Albert Arnold (“Al”) Gore, Jr., James A. Baker, Al Gore presidential campaign 2000, George W. Bush, Vanity Fair, George W. Bush presidential campaign 2000

Category Tags: Legal action, Political strategies, Recounts, Florida

Two counties in Florida announce recount decisions. At 2:00 a.m., Palm Beach County officials indicate that a sample recount turned up 19 votes for Democratic presidential candidate Al Gore, and announce that the county’s manual recount, initially restricted to designated precincts, will now recount all 462,657 ballots. A manual recount of all ballots, says County Commissioner Carol Roberts, “clearly would affect the results of the national election.” Volusia County begins manually recounting its 184,018 ballots at 10:06 a.m. [US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008] The Bush campaign has requested the courts stop all manual recounts (see November 11-13, 2000). Republicans have been critical of the decision by the two Democrats on the Palm Beach County canvassing board, Roberts and Theresa LePore, to ask for the countywide recount, saying that the decision would require an extension of the November 14 submission deadline (see 9:00 a.m. November 13, 2000). [Salon, 11/13/2000]

Entity Tags: County of Volusia (Florida), George W. Bush presidential campaign 2000, Albert Arnold (“Al”) Gore, Jr., Theresa LePore, County of Palm Beach (Florida), Carol Roberts

Category Tags: Recounts, Florida

Conservative columnist George Will lambasts the Gore presidential campaign for trying to “steal” the presidential election through unwarranted legal manipulation (see Early Morning, November 8, 2000 and November 9, 2000). Will begins his Washington Post column by comparing the Gore request for recounts to “the blue dress,” a reference to President Clinton’s affair with White House intern Monica Lewinsky, and accuses Democrats of “complaining that the Constitution should not be the controlling legal authority” over elections. Will continues: “The mendacity of Al Gore’s pre-election campaign is pertinent to the post-election chaos. He ran with gale-force economic winds at his back, and with a powerful media bias pulling him along.… Even on election night: by calling Florida for Gore before all Floridians had voted, the networks almost certainly hurt Republican turnout in Florida, and out West” (see 7:50 p.m., November 7, 2000). Will does not mention Fox News’s inaccurate call of Florida for Bush (see 2:15 a.m. November 8, 2000 and November 7-8, 2000). Gore is attempting to steal the election because of his “corrupt… hunger for power” and his “serial mendacity,” Will states, accusing Gore of “desperately seeking lawyering strategies and a friendly court to hand him the presidential election.” He is, Will states, the quintessential liberal, attempting to impose his will “through litigation rather than legislation. Liberalism’s fondness for judicial fiat rather than democratic decision-making explains the entwinement of the Democratic Party and trial lawyers.” Will ridicules reports that the Palm Beach County “butterfly ballot” may have denied Gore votes (see November 9, 2000), and calls Democrats’ questioning of that ballot “sinister.” The claims that Palm Beach voters were confused by the ballot are, Will writes, “baseless.” Will says that the November 17 addition of absentee ballots (see November 18, 2000), with their “large military, hence Republican, component,” will almost certainly lock down the Florida vote for Bush. However, Will writes, “Gore operatives probably will still toil to delegitimize the election. Their actions demolish the presidential pretensions of the dangerous man for whom they do their reckless work.” Will concludes: “All that remains to complete the squalor of Gore’s attempted coup d’etat is some improvisation by Janet Reno, whose last Florida intervention involved a lawless SWAT team seizing a 6-year-old [referring to Cuban-American youngster Elian Gonzales, whom Reno ordered to be sent back to Cuba with his father instead of being allowed to remain in the US with a group of more distant relatives]. She says there is no federal role, but watch for a ‘civil rights’ claim on behalf of some protected minority, or some other conjured pretext. Remember, Reno is, strictly speaking, unbelievable, and these things will continue until these people are gone.” [Washington Post, 11/12/2000] The progressive media watchdog organization Fairness and Accuracy in Reporting (FAIR) will note, “The comment about a ‘protected minority’ seems to be a reference to the complaints of voter fraud and intimidation coming from African-American communities in Florida” (see November 7, 2000). [Fairness and Accuracy in Reporting, 11/16/2000]

Entity Tags: Fairness and Accuracy in Reporting, Al Gore presidential campaign 2000, Albert Arnold (“Al”) Gore, Jr., County of Palm Beach (Florida), George Will, Janet Reno, George W. Bush

Category Tags: Legal action, Recounts, Media Coverage, Florida

Florida’s Broward County, faced with a deadline to certify its election results (see 9:00 a.m. November 13, 2000) and learning from a sample recount that its vote tallies seem to be relatively accurate, decides against a manual recount of its ballots. [US News and World Report, 12/13/2000; Leip, 2008]

Entity Tags: County of Broward (Florida)

Category Tags: Legal action, Recounts, Florida

The Bush presidential campaign demands, and receives, a manual recount in New Mexico. Democrat Al Gore had an early, if narrow, lead in the state during the November 7 returns, but a programming error was found that gave Bush a slim lead. New Mexico’s five electoral votes were withdrawn from the Gore column and the state was classified as “too close to call” (see November 10, 2000). Bush picks up 125 votes on the recount of Roosevelt County. Although the Bush campaign and its Republican allies staunchly oppose manual recounts in Florida (see Mid-Morning, November 8, 2000, November 8, 2000, November 9, 2000, November 9, 2000, 11:35 p.m. November 9, 2000, November 11, 2000, November 11-13, 2000, and November 12, 2000), GOP lawyer and national committeeman Mickey Barnett says in a New Mexico court filing that there is, “of course, no other way to determine the accuracy of this apparent discrepancy, or machine malfunction, other than the board reviewing the votes by hand.” Barnett secures a recount of Roosevelt County’s “undervotes” (ballots that supposedly recorded no preference for president), noting that the county recorded 10 percent of its voters as registering no preference. Barnett and the Bush campaign do not ask for manual recounts of much larger undervotes in three largely Democratic counties. In 2010, columnist Eric Alterman will write: “The only conceivable reason why the GOP cared enough about New Mexico’s five electoral votes as late as December 1 was the fear that if it carried Florida by legislative fiat—in defiance of the courts (see 11:45 a.m. November 30, 2000)—it might lose individual electors in other states. New Mexico would have been a cushion against such defections.” Towards the end of the recounts, another error is found that gives Gore a 500-vote advantage. Gore receives New Mexico’s electoral votes. The final tally: 286,783 votes for Gore and 286,417 for Bush, with a difference in favor of Gore of 366 votes. [Leip, 2000; CNN, 11/13/2000; US Constitution (.net), 2010; Center for American Progress, 12/9/2010]

Entity Tags: George W. Bush, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, County of Roosevelt (New Mexico), George W. Bush presidential campaign 2000, Eric Alterman, Mickey Barnett

Category Tags: Legal action, Recounts, Florida, New Mexico

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), announces she is refusing requests to extend the 5:00 p.m. November 14 deadline for certifying election results (see 5:00 p.m. November 9, 2000) in the interest of what she calls “the public’s right to clarity and finality.” This is her prerogative as secretary of state under Florida Election Code 102.112, though she has the option to extend the deadline. Absentee ballots, by law, can be counted through November 17. Neither Palm Beach nor Miami-Dade Counties have even decided to start recounts yet (see November 7, 2000 and November 10, 2000), and Broward County has not finished the recount it began. Volusia County, also attempting to finish manually recounting all of its ballots (see November 11-12, 2000), sues to extend the November 14 deadline. Lawyers for the Gore campaign join Volusia in the suit, while Bush lawyers file briefs opposing the suit. [Salon, 11/13/2000; US News and World Report, 12/13/2000; Vanity Fair, 10/2004; Leip, 2008] In light of Harris’s decision, Broward will choose to abandon its recount (see Evening, November 13, 2000); Palm Beach will decide to delay the recount until it can receive clarification (see 8:20 a.m. November 14, 2000), and resume the recounting shortly thereafter (see 4:30 p.m. November 14, 2000). Miami-Dade, in contrast, will begin recounting (see November 14, 2000). Later in the day, Harris issues what she considers a legal opinion concerning the recounts, but her opinion conflicts with a decision issued by Florida’s attorney general. [US News and World Report, 12/13/2000] Harris says that no manual recounts should take place unless the voting machines are broken. Judge Terry Lewis finds that opinion not backed by any state law and overrules her opinion. [Vanity Fair, 10/2004] Harris has drawn criticism for her apparent partisanship before now. Warren Christopher, a lead advisor for the Gore campaign, calls Harris’s decision “arbitrary and unreasonable.” Representative Peter Deutsch (D-FL) calls her decision “bizarre,” adding, “I honestly think what’s going on is a strategic decision by the Bush campaign to hurt the litigation efforts.” Representative Robert Wexler (D-FL) says: “The only reason to certify the elections at 5 p.m. tomorrow is a partisan one. If she does what she says she’s going to do—certify the elections at 5 p.m. tomorrow—she will have proven her critics correct; she will have proven that she is an emissary of the Bush campaign who is willing to steal an election.” [Salon, 11/13/2000]

Entity Tags: Albert Arnold (“Al”) Gore, Jr., County of Palm Beach (Florida), County of Broward (Florida), Al Gore presidential campaign 2000, County of Miami-Dade (Florida), County of Volusia (Florida), George W. Bush presidential campaign 2000, George W. Bush, Peter R. Deutsch, Robert Wexler, Warren Christopher

Category Tags: Legal action, Recounts, Florida

Presidential candidate and Vice President Al Gore (D-TN) makes a televised statement saying that it is important to “spend the days necessary” to determine the rightful winner of the Florida presidential election. [US News and World Report, 12/13/2000]

Entity Tags: Albert Arnold (“Al”) Gore, Jr.

Category Tags: Recounts, Florida

The Miami-Dade County canvassing board unanimously votes to begin manually recounting its election ballots in three precincts (see November 7, 2000), complying with a request from the Gore campaign (see November 9, 2000). [Leip, 2008] The recount is of sample ballots only. [US News and World Report, 12/13/2000]

Entity Tags: Al Gore presidential campaign 2000, County of Miami-Dade (Florida)

Category Tags: Political strategies, Recounts, Florida

Carol Roberts.Carol Roberts. [Source: BBC]Officials in Palm Beach County vote 2-1 to delay their manual recounts of their election ballots (see November 11-12, 2000) until they are able to clarify whether they have the legal authority to proceed. 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), has rejected requests to extend the election certification deadline past 5:00 p.m. today (see 9:00 a.m. November 13, 2000). [US News and World Report, 12/13/2000; Leip, 2008] Harris actually issues an order stopping the recounts, but her order is almost immediately countermanded by Florida Attorney General Robert Butterworth [Consortium News, 11/19/2000] , who serves as the Gore campaign’s Florida chairman. [National Journal, 11/9/2000] The canvassing board meeting is contentious. The lead Republican counsel, Mark Wallace, demands that County Commissioner Carol Roberts recuse herself from the board because of her “active” involvement in the Gore campaign. Roberts responds that her activity includes having a Gore bumper sticker on her car and attending a single cocktail party for Joe Lieberman, Al Gore’s running mate. Election observer Steven Meyer, working with the Democratic Party, writes that he has never heard Republicans complain about Harris’s involvement as co-chair of the Bush campaign. Elections Supervisor Theresa LePore has come under intense scrutiny and criticism for the controversial “butterfly ballot” that she approved for use in the county (see September 2000); many county Democrats blame her for what they believe were some 10,000 votes that should have gone to Gore (see November 9, 2000). Some board members, including LePore, have received death threats; whether these threats came from Republicans, Democrats, or others is unknown. Meyer observes that Republicans such as Wallace mount incessant complaints about ballot handling, and issue frequent demands that already-counted stacks of ballots be recounted again because someone touched or handled them inappropriately. Meyer observes Republican observers using tweezers to pick up tiny “chads” (paper rectangles discarded when a voter punches through a punch-card ballot to cast a vote) and place them in plastic baggies. He also notes that Republicans have placed thousands of Gore ballots in the “questionable” stacks when the ballots plainly indicate votes for Gore. [American Prospect, 12/14/2000]

Entity Tags: Katherine Harris, Carol Roberts, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, County of Palm Beach (Florida), Joseph Lieberman, Theresa LePore, Robert Butterworth, George W. Bush presidential campaign 2000, Steven Meyer, Mark Wallace

Category Tags: Punch-card voting machines, Recounts, Florida

Former Reagan administration cabinet member James Baker, leading the Bush campaign’s legal challenges to the Florida recount process (see After 3:30 a.m. November 8, 2000), makes public statements recommending that the Gore campaign drop its advocacy of the recounts and accept the 5:00 p.m. tallies (see Evening, November 14, 2000). A senior advisor to the Gore campaign, former Secretary of State Warren Christopher, declines, saying, “That’s like offering you the sleeves from your vest.” [US News and World Report, 12/13/2000]

Entity Tags: Al Gore presidential campaign 2000, Warren Christopher, James A. Baker, George W. Bush presidential campaign 2000

Category Tags: Legal action, Recounts, Florida

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)

Category Tags: Legal action, Recounts, Florida

After her self-imposed deadline of 5:00 p.m. for election results certification passes (see 9:00 a.m. November 13, 2000), 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), announces that George W. Bush (R-TX) leads Vice President Al Gore (D-TN) by some 300 votes, based on returns submitted by all 67 Florida counties. The 300-vote lead Bush currently has is substantially smaller than the 1,784-vote lead he had immediately after the election. Harris says she will comply with a judicial order to consider late returns (see Afternoon, November 14, 2000). She gives three heavily Democratic counties still counting votes until 2:00 p.m. November 15 to submit written explanations as to why they want to add their manual-recount tallies after the deadline; all three counties will comply with her request. [US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]

Entity Tags: George W. Bush, Katherine Harris, Albert Arnold (“Al”) Gore, Jr.

Category Tags: Legal action, Political strategies, Recounts, Florida

Contradicting her previous statement that she would comply with a judicial order to consider the post-election recount tallies from several counties (see Evening, November 14, 2000), 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), asks the Florida Supreme Court to force Miami-Dade, Broward, and Palm Beach Counties to end their manual recounts (see November 14, 2000, 3:40 p.m. November 15, 2000, and 4:30 p.m. November 14, 2000) “pending resolution as to whether any basis exists to modify the certified results” after the November 14, 2000 deadline. Harris argues that manual recounts threaten “the integrity of the ballots.” Harris previously imposed a November 14 deadline for all ballots to be counted and results certified (see 9:00 a.m. November 13, 2000). Palm Beach County officials ask the Florida Supreme Court to decide if they can manually recount their ballots. At 5:00 p.m., the Court rejects Harris’s request to stop the recounts. [Consortium News, 11/19/2000; US News and World Report, 12/13/2000; Leip, 2008] A judge has already ruled that Harris can refuse to consider recount results submitted after her deadline (see Afternoon, November 14, 2000). A Gore campaign spokesman later says that considering the obstacles Harris has placed in the way of the hand recounts, the situation is analogous to a policeman forcing a motorist to pull over, then blaming him for the traffic piling up behind him. Bush spokeswoman Karen Hughes counters with the accusation that the counties still engaged in recounts are “no longer counting ballots; they are ‘reinventing’ them.” And James Baker, the head of the Bush “quick response” recount team, accuses the manual recounters of “subjective” attempts to “divine the intent of the voter.” Such recounts, Baker says, present “tremendous opportunities for human error and… mischief.” Both Hughes’s and Baker’s remarks are apparently intended to imply deliberate falsification of vote tallies, and echo similar charges made by Rush Limbaugh and other conservative media figures. Gore officials note that George W. Bush has picked up 418 votes in manual recounts in six counties: Franklin, Hamilton, Seminole, Washington, Taylor, and Lafayette. The Bush campaign, the Gore officials say, was eager to have those votes added in with the totals. Baker’s counterpart on the Gore team, Warren Christopher, says the fact that “Republicans have hand counted in many of the counties themselves” (see November 19, 2000) belies Republican charges that “we have picked out a certain few counties.” The Bush campaign has also picked up 143 votes from recounting in Volusia County. [Consortium News, 11/19/2000; Consortium News, 11/27/2000]

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

Category Tags: Recounts, Florida

The presidential campaign of Vice President Al Gore (D-TN) suggests that all 67 Florida counties conduct manual recounts of their ballots if Republicans object to recounts in Miami-Dade, Broward, and Palm Beach Counties (see November 9, 2000). Gore himself says he will eschew any further legal challenges if Republicans will accept the three counties’ recounts. He also proposes a face-to-face meeting with his opponent, George W. Bush (R-TX). [US News and World Report, 12/13/2000; Leip, 2008]

Entity Tags: County of Broward (Florida), Albert Arnold (“Al”) Gore, Jr., County of Palm Beach (Florida), George W. Bush, County of Miami-Dade (Florida)

Category Tags: Political strategies, Recounts, Florida

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), announces that she will not consider any further submissions of recounted election ballots from any Florida counties (see Evening, November 14, 2000). She has already accepted submissions from three counties still conducting recounts (see November 14, 2000, 3:40 p.m. November 15, 2000, and 4:30 p.m. November 14, 2000), and has received written explanations from three counties—Miami-Dade, Broward, and Palm Beach—explaining why they need additional time to complete their recounts. Palm Beach explained that it had found serious discrepancies between the results of its machine and sample manual recounts. Broward told of a large voter turnout and accompanying logistical problems. Miami-Dade said it had reason to believe that a manual recount would provide significant differences in its results (see November 7, 2000). Harris announces that she finds all three counties’ explanations insufficient and will not include their recount tallies in her final election numbers. [US News and World Report, 12/13/2000; Vanity Fair, 10/2004; Leip, 2008]

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

Category Tags: Legal action, Political strategies, Recounts, Florida

The Bush presidential campaign rejects the Gore presidential campaign’s proposal for a statewide manual recount of Florida’s presidential votes (see 6:36 p.m. November 15, 2000), stating that such a recount would be neither fair nor accurate. George W. Bush also informs the Gore campaign that he has no interest in meeting with Al Gore face-to-face, though he says he is open to such a meeting after the election. [Leip, 2008] “The outcome of this election,” Bush says in a statement, “will not be the result of deals or efforts to mold public opinion” (see After 3:30 a.m. November 8, 2000). [US News and World Report, 12/13/2000]

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

Category Tags: Political strategies, Recounts, Florida

The Bush presidential campaign announces that it will not seek a recount of votes in Iowa. [Leip, 2008] Iowa was called in favor of Vice President Al Gore (D-TN) at 2:04 a.m. on November 8, giving Gore seven electoral votes. [Leip, 2008]

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

Category Tags: Legal action, Recounts, Other

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

Category Tags: Legal action, Political strategies, Recounts, Florida

Lawyers for the Gore presidential campaign ask Judge Terry Lewis (see Afternoon, November 14, 2000) to require Florida Secretary of State Katherine Harris (see After 3:30 a.m. November 8, 2000 and After) to include recount ballot tallies made after her November 14 deadline (see 9:14 p.m., November 15, 2000). Gore lawyer Dexter Douglas tells Lewis: “She says, ‘You can only have a hand count in case of mechanical failure or hurricane.’ And the attorney general said that’s a bunch of bunk” (see 9:00 a.m. November 13, 2000). [US News and World Report, 12/13/2000] The next day, Lewis will rule that Harris has the power to ignore late-filed returns (see 10:04 a.m. - 12:45 p.m. November 17, 2000).

Entity Tags: Dexter Douglas, Al Gore presidential campaign 2000, Terry Lewis, Katherine Harris

Category Tags: Legal action, Recounts, Florida

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

Category Tags: Legal action, Recounts, Florida, Key Events

Apparently emboldened by a judge’s halt to Florida declaring a winner in its presidential race (see 5:00 p.m. November 17, 2000), Miami-Dade County election officials vote to conduct a full manual recount of their county’s presidential ballots. [Leip, 2008] Initial figures in the recount show a significant number of “undervotes” going to Democrat Al Gore (see November 7, 2000). In response, Republican lawyers attempt to challenge vote after vote that is tallied to Gore, with corresponding counter-challenges from Democratic lawyers. Kendall Coffey, a Gore campaign lawyer, later recalls that as the Gore totals begin to accumulate, “panic buttons were being pushed” among the Republicans. Days later, a mob of Republican activists will descend on the Miami-Dade election board and force the shutdown of the recounts (see 9:00 a.m. and after, November 22, 2000). [Vanity Fair, 10/2004]

Entity Tags: George W. Bush, Al Gore presidential campaign 2000, Albert Arnold (“Al”) Gore, Jr., George W. Bush presidential campaign 2000, County of Miami-Dade (Florida), Kendall Coffey

Category Tags: Legal action, Recounts, Florida

Leon County Judge Terry Lewis rules that Florida law gives 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), “broad discretionary authority to accept or reject late-filed returns,” referring to recounts submitted after Harris’s November 14 deadline (see 9:14 p.m., November 15, 2000). After Lewis issues his ruling, Harris issues a statement hinting she is poised to certify the election when the absentee ballots are in by noon on November 18 (see November 18, 2000). An hour after the ruling, James Baker, representing the Bush campaign team, says George W. Bush and his running mate Dick Cheney “are understandably pleased” with Lewis’s finding. “The rule of law has prevailed,” he says. Gore campaign lawyer Warren Christopher warns against premature “partying” by Republicans, and says the campaign is taking Lewis’s ruling to the Florida Supreme Court. This afternoon, the Florida Supreme Court puts a hold on Lewis’s decision, citing a pending appeal by the Gore campaign (see 5:00 p.m. November 17, 2000). [US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]

Entity Tags: Katherine Harris, County of Leon (Florida), Florida Supreme Court, James A. Baker, Richard (“Dick”) Cheney, Terry Lewis, George W. Bush, Warren Christopher

Category Tags: Legal action, Recounts, Florida

The Florida Supreme Court bars 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), from rejecting all post-deadline recount tallies (see 9:14 p.m., November 15, 2000) as well as certifying George W. Bush (R-TX) as the state’s presidential winner “until further order of this court” (see 10:04 a.m. - 12:45 p.m. November 17, 2000). It sets a hearing for Monday, November 20 to hear arguments on the recount dispute. The Court says flatly, “it is NOT the intent of this order to stop the counting.” [Supreme Court of Florida, 11/17/2000 pdf file; US News and World Report, 12/13/2000; Leip, 2008] Harris is prepared to certify Bush as the winner (see Evening, November 14, 2000), which would give him the electoral votes needed to grant him the presidency (see November 9, 2000). With that no longer a possibility, James Baker, the leader of the Bush “quick response” campaign recount team (see Mid-Morning, November 8, 2000), issues a public threat: the incoming Florida speaker of the House, Republican Tom Feeney, will, if necessary, take matters into his own hands and vote in an independent slate of “electors” who would journey to Washington and vote for Bush in the US Electoral College. Because both houses of the Florida legislature are dominated by Republicans, Feeney could pass just such a bill authorizing that procedure. [Vanity Fair, 10/2004] Bush and his campaign officials harshly denounce the Court’s ruling. Bush accuses the Court of using “the bench to change Florida’s election laws and usurp the authority of Florida’s election officials,” and states that “writing laws is the duty of the legislature; administering laws is the duty of the executive branch.” However, the liberal news Web site Consortium News notes that Bush seems unaware of the duty of the judicial branch, “a fact taught to every American child in grade-school civics class—that it is the duty of the judiciary to interpret the laws. It is also the responsibility of the courts to resolve differences between parties under the law.” [Consortium News, 11/23/2000]

Entity Tags: Tom Feeney, Florida Supreme Court, Katherine Harris, George W. Bush presidential campaign 2000, George W. Bush, James A. Baker, Consortium News, US Electoral College

Category Tags: Legal action, Political strategies, Recounts, Florida, Key Events, US Supreme Court intervention, Florida Legislation intervention

The US Court of Appeals for the Eleventh Circuit turns down a Bush presidential campaign request to stop Florida’s manual recounts on constitutional grounds (see Early Morning, November 16, 2000). [US News and World Report, 12/13/2000; Leip, 2008]

Entity Tags: George W. Bush presidential campaign 2000

Category Tags: Legal action, Recounts, Florida

The online news Web site Salon reports that while the Bush campaign opposes the Gore campaign’s requests for manual recounts in four heavily Democratic counties (see Mid-Morning, November 8, 2000, November 8, 2000, November 9, 2000, 11:35 p.m. November 9, 2000, November 10, 2000, November 11-13, 2000, 9:00 a.m. November 13, 2000, 12:00 p.m., November 15, 2000, 10:15 p.m., November 15, 2000, Early Morning, November 16, 2000, 5:00 p.m. November 17, 2000, and 12:36 p.m. November 19, 2000), it quietly accepted voluntary manual recounts from four Florida counties that contributed 185 votes to the Bush tally. According to Salon, in those four counties—Seminole, Polk, Taylor, and Hamilton—elections officials took it upon themselves to manually count ballots that could not be read by machine, so-called “undervotes.” Those recounts are entirely legal. The Seminole recount garnered 98 votes for George W. Bush. Al Gore lost 90 votes in Polk County because the votes had apparently been counted twice. The Taylor recount garnered four votes for Bush. The Hamilton recount garnered 10 votes for Gore. (A similar report by the online news site Consortium News uses different counties—Franklin, Hamilton, Seminole, Washington, Taylor, and Lafayette—to note that Bush has garnered some 418 votes in those counties’ recounts.) Bush campaign spokeswoman Mindy Tucker says that under Florida law, county canvassing boards have the discretion as to whether to inspect uncounted ballots by hand, and says that the Gore campaign’s calls for recounts of undervotes in Miami-Dade County (see November 7, 2000) is another in its attempt to “continually try to change the rules in the middle of the game. The ballots were inspected by hand in some cases but not all, and under Florida law it’s the canvassing board’s decision legally. It’s our belief that these votes have been counted.” Gore spokesman Chris Lehane says the Gore campaign wants the same consideration given to Miami-Dade votes as given to votes in other counties. Moreover, Miami-Dade uses punch-card ballots, which yield far more errors than the “optiscan” balloting systems used in Seminole, Polk, Taylor, and Hamilton. “Keep in mind, punch cards are used in poorer areas,” he says. “Most of these other ballots were optical ones where the reliability was much, much higher. And in poorer areas, you have bad machines or flawed ballots. We think we have a pretty clear and compelling argument.” Senior Bush campaign adviser James Baker says that manually recounting votes in Democratic-leaning counties was comprised of “subjective” attempts to “divine the intent of the voter,” and that hand-counting votes provides “tremendous opportunities for human error and… mischief.” Democrats retort that Baker’s statement is hypocritical, and point to Bush’s gain in Republican-leaning counties as proof of both the accuracy of recounting and the need to count each vote. [Consortium News, 11/19/2000; Salon, 11/28/2000]

Entity Tags: County of Polk (Florida), County of Franklin (Florida), Chris Lehane, Albert Arnold (“Al”) Gore, Jr., County of Hamilton (Florida), County of Miami-Dade (Florida), County of Washington (Florida), James A. Baker, County of Seminole (Florida), County of Taylor (Florida), County of Lafayette (Florida), George W. Bush, George W. Bush presidential campaign 2000, Mindy Tucker

Category Tags: Recounts, Media Coverage, Florida

Florida’s Miami-Dade County begins a manual recount of its presidential ballots (see November 7, 2000 and November 17, 2000). Bush campaign lawyers and local Republicans tried and failed to get a judge to stop the recounts, arguing that using machines to sort ballots to find votes would damage ballots and, presumably, give Democrat Al Gore more votes. The judge refuses to rule in the Republicans’ favor, and Miami-Dade election officials begin hunting for questionable ballots for recounting. [US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008] On November 22, after Bush operatives and local Bush supporters stage a riot outside the elections offices, the Miami-Dade elections board will cancel the recount, saying it does not have enough time to complete the recount by the November 26 deadline (see 9:00 a.m. and after, November 22, 2000).

Entity Tags: George W. Bush, County of Miami-Dade (Florida), Albert Arnold (“Al”) Gore, Jr.

Category Tags: Political strategies, Recounts, Florida

Democratic vice-presidential candidate Joe Lieberman (D-CT) says on CBS’s Face the Nation that every last vote should be counted in Florida, or millions of citizens will say, “We were robbed.” [US News and World Report, 12/13/2000] Lieberman later tells reporters, referring to the Bush campaign, “It seems to be that they’re doing everything they can to stop the recounting of votes because they’re slightly ahead and they fear that after the recounting they won’t be.” Senator Bob Graham (D-FL) later agrees with Lieberman, saying that if necessary, every single vote in Florida should be manually recounted. “What we’re trying to achieve here is an election that has credibility by the American people. That credibility would likely be enhanced if all Florida voters had their ballots hand counted,” he says. However, Bush campaign lawyers say such a move would unfairly “keep the state and the nation on hold.” [Guardian, 11/20/2000]

Entity Tags: George W. Bush presidential campaign 2000, Joseph Lieberman, Daniel Robert (“Bob”) Graham

Category Tags: Political strategies, Recounts, Media Coverage, Florida

The Florida Supreme Court hears recount arguments from both the Gore and Bush presidential campaigns regarding whether 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), should consider hand-recounted ballots before she certifies results of the presidential election (see 5:00 p.m. November 17, 2000). Bush lawyers argue that the Court is “without power” to decide which ballots should or should not be tallied. At 9:45 p.m. November 21, the Court unanimously rules that the manual recounts can continue and that Harris must accept those totals in the final results (see 10:04 a.m. - 12:45 p.m. November 17, 2000). The Court rules that the deadline for certifying the election is either 5:00 p.m. November 26, a Sunday, or November 27, at Harris’s discretion. Harris’s staff is caught by surprise by the ruling, downloading it off the Internet instead of receiving a copy from the Court; Harris’s plan to certify George W. Bush as president is blocked. Democratic presidential candidate Al Gore welcomes the ruling, saying that both he and Bush should plan their transitions in case either is certified. [Supreme Court of Florida, 11/21/2000 pdf file; US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008] The Court says in its ruling that “the right of the people to cast their vote is the paramount concern overriding all others.” Campaign observers have said that if the Florida high court’s ruling went the other way, Gore would concede the election. Some of Gore’s senior campaign advisors reportedly told Gore to stop further challenges if the Florida court decision went in Bush’s favor. [Guardian, 11/22/2000] Bush campaign representatives level charges that the Gore campaign is attempting to “steal” the election. Bush campaign attorney James Baker calls the Supreme Court’s ruling “unjust.” Governor Marc Racicot (R-MT), who has emerged in recent days as an influential Bush campaign spokesman, threatens “some extraordinary” measures to overcome the effects of the Court’s ruling (see 9:00 a.m. and after, November 22, 2000). [Guardian, 11/23/2000]

Entity Tags: Marc Racicot, Katherine Harris, George W. Bush, George W. Bush presidential campaign 2000, Al Gore presidential campaign 2000, James A. Baker, Florida Supreme Court

Category Tags: Legal action, Recounts, US Supreme Court intervention, Key Events, Florida

Florida’s Miami-Dade County begins its actual recount of its presidential election votes (see November 7, 2000 and Before 10:00 a.m. November 19, 2000). Perhaps because the number of votes to recount is so large, the electors will soon decide to only count some 10,750 “undervotes,” or ballots lacking a clear presidential choice. [US News and World Report, 12/13/2000]

Entity Tags: County of Miami-Dade (Florida)

Category Tags: Recounts, Florida

Broward County elections officials study a ballot, attempting to determine the voter’s intent.Broward County elections officials study a ballot, attempting to determine the voter’s intent. [Source: Authentic History (.com)]Jane Carroll, Broward County’s single Republican election supervisor, quits midway through the county’s recount process. “It’s like having Election Day for 10 days in a row,” she says. “I need to get out of here.” She will be replaced by Circuit Court Judge Robert Rosenberg the next morning. [US News and World Report, 12/13/2000]

Entity Tags: County of Broward (Florida), Robert Rosenberg, Jane Carroll

Category Tags: Recounts, Florida

A photograph of the Republican operatives mobbing the Miami-Dade elections offices. Those identified in the photograph include Thomas Pyle, Garry Malphrus, Rory Cooper, Kevin Smith, Steven Brady, Matt Schlapp, Roger Morse, Duane Gibson, Chuck Royal, and Layna McConkey.A photograph of the Republican operatives mobbing the Miami-Dade elections offices. Those identified in the photograph include Thomas Pyle, Garry Malphrus, Rory Cooper, Kevin Smith, Steven Brady, Matt Schlapp, Roger Morse, Duane Gibson, Chuck Royal, and Layna McConkey. [Source: Pensito Review]Miami-Dade County election officials vote unanimously to halt the county’s manual recount of presidential ballots (see November 7, 2000 and Before 10:00 a.m. November 19, 2000), saying the county does not have enough time to complete its recount by the November 26 deadline. Instead, they vote to recount only 10,750 “undervotes,” ballots that don’t clearly indicate a presidential choice. The decision costs Democratic candidate Al Gore a 157-vote gain from the halted recount process. That evening, a Florida State appeals court denies a motion by Democrats to force Miami-Dade County to restart the manual recount. [US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]
Opposing Beliefs - The next day, the Florida Supreme Court will also refuse to order Miami-Dade to restart the recount (see 2:45 p.m. November 23, 2000). Press reports say that the decision “dramatically reverse[s] the chances of Al Gore gathering enough votes to defeat George W. Bush.” Gore’s senior campaign advisor William Daley calls the recounts “mandatory” and calls for “the rule of law” to be upheld. For his part, Bush says: “I believe Secretary Cheney and I won the vote in Florida (see After 3:30 a.m. November 8, 2000). And I believe some are determined to keep counting in an effort to change the legitimate result.” In light of the Miami-Dade decision, the Bush campaign’s chief legal advisor James Baker invites the Republican-controlled Florida Legislature to unilaterally declare Bush the victor, saying, “One should not now be surprised if the Florida legislature seeks to affirm the original rules.”
Agitators Disrupt Recount Proceedings - The recount proceedings are disrupted and ultimately ended by a mob of Republicans, some local and some bussed and flown in from Washington by the Bush campaign. The agitators are protesting outside the Miami-Dade County election offices, shouting and attempting to interfere with the proceedings of the canvassing board. Republicans have accused a Democratic lawyer of stealing a ballot. [Guardian, 11/23/2000; Guardian, 11/25/2000]
Rioters Made Up of Republican Staffers, Others - Democrats accuse Republican protesters of intimidating the Miami-Dade County officials into stopping the recount. Democratic vice-presidential candidate Joe Lieberman says the demonstrations in Miami have been orchestrated by Republicans “to intimidate and to prevent a simple count of votes from going forward.” Six Democratic members of the US Congress demand the Justice Department investigate the claims, saying that civil rights have been violated in “a shocking case of undermining the right to vote through intimidation and threats of violence.” Jenny Backus, a spokeswoman for the Democratic National Committee (DNC), says, “The Republicans are out of control,” and accuses them of using paid agitators to “create mob rule in Miami.” [Guardian, 11/25/2000] Later investigations show that the “spontaneous protests” by Republican protesters were far more orchestrated and violent than generally reported by the press at the time. Investigative journalist Robert Parry will write that the protests, called the “Brooks Brothers Riot” because of the wealthy, “preppie” makeup of the “protesters,” helped stop the recount, “and showed how far Bush’s supporters were ready to go to put their man in the White House.” He will write that the protests should be more accurately termed a riot. At least six of the rioters were paid by the Bush recount committee, payments documented in Bush committee records only released to the IRS in July 2002 (see July 15, 2002). Twelve Republican staffers will later be identified in photographs of the rioters. The six who can be confirmed as being paid are: Bush staffer Matt Schlapp from Austin, Texas; Thomas Pyle, a staff aide to House Majority Whip Tom DeLay (R-TX); DeLay fundraiser Michael Murphy; Garry Malphrus, House majority chief counsel to the House Judiciary Subcommittee on Criminal Justice; Charles Royal, a legislative aide to Representative Jim DeMint (R-SC); and former Republican House staffer Kevin Smith. Another Republican is identified as Doug Heye, a staffer for Representative Richard Pombo (R-CA). At least three of the rioters—Schlapp, Malphrus, and Joel Kaplan—will later join the Bush White House. Many of the rioters were brought in on planes and buses from Washington as early as mid-November, with promises of expenses payments. On November 18, 2000, the Bush campaign told activists, “We now need to send reinforcements” to rush to Florida. “The campaign will pay airfare and hotel expenses for people willing to go.” Many of the respondents are low-level Republican staffers from Congress. “These reinforcements… added an angrier tone to the dueling street protests already underway between supporters of Bush and Gore,” Parry will write. Quoting ABC reporter Jake Tapper, Parry will write, “The new wave of Republican activists injected ‘venom and volatility into an already edgy situation.’” Signifying the tone, before the Miami riot, Brad Blakeman, Bush’s campaign director of advance travel logistics, screamed down a CNN correspondent attempting to interview a Democratic Congressman: “This is the new Republican Party, sir! We’re not going to take it anymore!” [Consortium News, 11/27/2000; Consortium News, 8/5/2002; Vanity Fair, 10/2004] Some of the local protesters are summoned to the Miami-Dade electoral offices by angry broadcasts over radio stations with largely Cuban-American audiences; over these radio stations, listeners hear Bush campaign lawyer Roger Stone, coordinating the radio response, say that the recounts intend to disenfranchise Hispanic voters. Republican operatives coordinate the protests by shouting orders through megaphones. [Consortium News, 11/24/2000; Center for American Progress, 12/9/2010] Cuban-Americans voted heavily for Bush in the November 7 election. [Tapper, 3/2001]
Details of the Riot; Staffers Assaulted and Beaten - After learning that the Miami-Dade County canvassing board was beginning to examine 10,750 disputed ballots that had not previously been counted, US Representative John Sweeney (R-NY) issues the order to “Shut it down!” (Sweeney is coordinating his efforts with a local Cuban congressman who himself is coordinating the Cuban-American mob response.) Brendan Quinn, the executive director of the New York Republican Party, tells some two dozen Republican operatives outside the Miami-Dade County election offices to storm the room on the 19th floor where the canvassing board is meeting. Tapper later writes: “Emotional and angry, they immediately make their way outside the larger room in which the tabulating room is contained. The mass of ‘angry voters’ on the 19th floor swells to maybe 80 people,” including many of the Republican activists from outside Florida, and joined by local protesters. As news organizations videotape the scene, the protesters reach the board offices and begin shouting slogans such as “Stop the count! Stop the fraud!” “Three Blind Mice!” and “Fraud, fraud, fraud!” and banging on doors and walls. The protesters also shout that a thousand potentially violent Cuban-Americans are on the way. Official observers and reporters are unable to force their way through the shouting crowd of Republican operatives and their cohorts. Miami-Dade spokesman Mayco Villafena is physically assaulted, being pushed and shoved by an unknown number of assailants. Security officials, badly outmanned, fear the confrontation will swell into a full-scale riot. Miami-Dade elections supervisor David Leahy orders the recounts stopped, saying, “Until the demonstration stops, nobody can do anything.” (Although board members will later insist that they were not intimidated into stopping, the recounts will never begin again. Leahy will later say: “This was perceived as not being an open and fair process. That weighed heavy on our minds.”) Meanwhile, unaware of the rioting, county Democratic chairman Joe Geller stops at another office in search of a sample ballot. He wants to prove his theory that some voters had intended to vote for Gore, but instead marked an adjoining number indicating no choice. He finds one and leaves the office. Some of the rioters spot Geller with the sample ballot, and one shouts, “This guy’s got a ballot!” Tapper will later write: “The masses swarm around him, yelling, getting in his face, pushing him, grabbing him. ‘Arrest him!’ they cry. ‘Arrest him!’ With the help of a diminutive DNC [Democratic National Committee] aide, Luis Rosero, and the political director of the Miami Gore campaign, Joe Fraga, Geller manages to wrench himself into the elevator.” Rosero stays behind to attempt to talk with a reporter, and instead is kicked and punched by rioters. A woman shoves Rosero into a much larger man in what Tapper will later theorize was an attempt to start a fight between Rosero and the other person. In the building lobby, some 50 Republican protesters and activists swarm Geller, surrounding him. Police escort Geller back to the 19th floor in both an attempt to save him from harm and to ascertain what is happening. The crowd attempts to pull Geller away from the police. Some of the protesters even accost 73-year-old Representative Carrie Meek (D-FL). Democratic operatives decide to leave the area completely. When the mob learns that the recounts have been terminated, they break forth in lusty cheers.
After-Party - After the riots, the Bush campaign pays $35,501.52 for a celebration at Fort Lauderdale’s Hyatt Regency, where the rioters and campaign officials party, enjoy free food and drink, receive congratulatory calls from Bush and Dick Cheney, and are serenaded by Las Vegas crooner Wayne Newton, singing “Danke Schoen,” German for “thank you very much.” Other expenses at the party include lighting, sound system, and even costumes.
Media Reportage - Bush and his campaign officials say little publicly about the riot. Some press outlets report the details behind the riots. The Washington Post later reports that “even as the Bush campaign and the Republicans portray themselves as above the fray,” national Republicans actually had joined in and helped finance the riot. The Wall Street Journal tells readers that Bush offered personal words of encouragement to the rioters after the melee, writing, “The night’s highlight was a conference call from Mr. Bush and running mate Dick Cheney, which included joking reference by both running mates to the incident in Miami, two [Republican] staffers in attendance say.” The Journal also observes that the riot was led by national Republican operatives “on all expense-paid trips, courtesy of the Bush campaign.” And, the Journal will note, the rioters went on to attempt to disrupt the recounts in Broward County, but failed there to stop the proceedings. The Journal will write that “behind the rowdy rallies in South Florida this past weekend was a well-organized effort by Republican operatives to entice supporters to South Florida,” with DeLay’s Capitol Hill office taking charge of the recruitment. No similar effort was made by the Gore campaign, the Journal will note: “This has allowed the Republicans to quickly gain the upper hand, protest-wise.” And the Journal will write that the Bush campaign worked to keep its distance from the riots: “Staffers who joined the effort say there has been an air of mystery to the operation. ‘To tell you the truth, nobody knows who is calling the shots,’ says one aide. Many nights, often very late, a memo is slipped underneath the hotel-room doors outlining coming events.” But soon, media reports begin echoing Bush campaign talking points, which call the “protests” “fitting, proper,” and the fault of the canvassing board: “The board made a series of bad decisions and the reaction to it was inevitable and well justified.” The Bush campaign says the mob attack on the elections office was justified because civil rights leader Jesse Jackson had led peaceful, non-violent protests in favor of the recounts in Miami the day before. The campaign also insists that the protests were spontaneous and made up entirely of local citizens. On November 26, Governor Marc Racicot (R-MT), a Bush campaign spokesman, will tell NBC viewers: “Clearly there are Americans on both sides of these issues reflecting very strong viewpoints. But to suggest that somehow this was a threatening situation, in my view, is hyperbolic rhetoric.”
Effect of the Riot - According to Parry, the riot, broadcast live on CNN and other networks, “marked a turning point in the recount battle. At the time, Bush clung to a lead that had dwindled to several hundred votes and Gore was pressing for recounts (see November 20-21, 2000). The riot in Miami and the prospects of spreading violence were among the arguments later cited by defenders of the 5-to-4 US Supreme Court ruling (see 9:54 p.m. December 12, 2000)… that stopped a statewide Florida recount and handed Bush the presidency. Backed by the $13.8 million war chest, the Bush operation made clear in Miami and in other protests that it was ready to kick up plenty of political dust if it didn’t get its way.” In the hours after the riot, conservative pundits led by Rush Limbaugh will engage in orchestrated assaults on the recount process as fraudulent and an attempt by the Gore campaign to “invent” votes. No one is ever charged with any criminal behaviors as a result of the riot. [Consortium News, 11/24/2000; Washington Post, 11/27/2000; Village Voice, 12/19/2000; Consortium News, 8/5/2002; Vanity Fair, 10/2004; Center for American Progress, 12/9/2010]

On Thanksgiving Day, Broward County election officials either delay or forego entirely their holiday plans to continue recounting presidential ballots. Broward Republican Party chairman Ed Pozzuoli, angered by reports of supposedly lax standards in deeming “dimpled chad” ballots as having actual votes, says, “Someone is trying to steal my Thanksgiving turkey.” While Pozzuoli complains about his interrupted Thanksgiving plans, the Broward officials dine on carryout pizza. [US News and World Report, 12/13/2000]

Entity Tags: Ed Pozzuoli, County of Broward (Florida)

Category Tags: Recounts, Florida

The Gore presidential campaign files an emergency petition with the Florida Supreme Court asking the Court to force Miami-Dade County to resume its manual recount of presidential ballots (see 9:00 a.m. and after, November 22, 2000). Gore lawyers unsuccessfully argue that Miami-Dade “[v]oters had their votes inexplicably erased” (see November 7, 2000). The Court rejects the request. [Supreme Court of Florida, 11/23/2000 pdf file; US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]

Entity Tags: County of Miami-Dade (Florida), Al Gore presidential campaign 2000, Albert Arnold (“Al”) Gore, Jr., Florida Supreme Court

Category Tags: Legal action, Recounts, Florida

Gore campaign lawyers ask the US Supreme Court to deny a Bush campaign request to not count manually-recounted presidential ballots, calling the request a “bald attempt to federalize a state court dispute.” The next day, the Court will agree to hear the Bush petition (see November 22-24, 2000). [US News and World Report, 12/13/2000]

Entity Tags: Al Gore presidential campaign 2000, US Supreme Court, Albert Arnold (“Al”) Gore, Jr.

Category Tags: Legal action, Recounts, US Supreme Court intervention, Florida

Broward County officials begin counting “dimpled chads” as votes, following Palm Beach County’s similar decision. In the Broward recount, Democrat Al Gore has picked up 245 votes so far. [US News and World Report, 12/13/2000]

Entity Tags: Albert Arnold (“Al”) Gore, Jr., County of Palm Beach (Florida), County of Broward (Florida)

Category Tags: Punch-card voting machines, Recounts, Florida

The Bush presidential campaign drops a lawsuit intended to force Florida counties to reconsider overseas military election ballots that were rejected for technical reasons (see 11:30 a.m. November 22, 2000). Instead, the campaign files a suit to re-evaluate the four Florida counties that are still counting ballots. [US News and World Report, 12/13/2000; Leip, 2008] It is possible that the Bush campaign chooses to drop the suit to avoid accusations of hypocrisy similar to those it, and its supporters, have been leveling against the Gore campaign. [Authentic History, 7/31/2011]

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

Category Tags: Absentee votes, Legal action, Political strategies, Recounts, Florida

Broward County finishes its manual recount of its presidential votes. Democratic candidate Al Gore gains 567 votes, slicing Republican George W. Bush’s lead to 465 (see November 18, 2000) if the recounted votes are to actually be counted. A Broward County elections official, Judge Robert Lee, says that he is “confident, confident that there were many more votes that should have been counted,” presumably referring to other Florida counties. He cites as one example a ballot where the voter had written, “I’m voting for George Bush.” Lee says, “We were able to count it, where a computer couldn’t.” [US News and World Report, 12/13/2000; Tapper, 3/2001; Leip, 2008]

Entity Tags: County of Broward (Florida), George W. Bush, Albert Arnold (“Al”) Gore, Jr., Robert Lee

Category Tags: Recounts, Key Events, Florida

The ballot recounting in Palm Beach County is halted for an hour as Republican lawyers disrupt the proceedings, disputing the order in which precincts are being evaluated. Democrats object to the Republican position, and tempers fray. The counting resumes at 5:00 a.m. [US News and World Report, 12/13/2000] The delay will contribute to Palm Beach County being unable to complete the recount by the end of the day, as mandated by the Florida Supreme Court (see 2:45 p.m. November 26, 2000). Democratic election observer Steven Meyer writes of his observations of numerous and varied Republican “stalling tactics” since recounts began almost two weeks ago (see 8:20 a.m. November 14, 2000), including the selection of thousands of clearly indicated Gore ballots as “questionable.” Meyer writes: “Unfortunately, these stalling tactics were widespread. Because the Republican observers had caused the Board to review so many frivolous challenges, it probably added a full day’s work for the Canvassing Board, and now we were in real danger of missing the 5:00 p.m. deadline for certifying the recount totals to the secretary of state.” As board members attempt to expedite the process, two commissioners advise Republican lawyer Mark Wallace to “stop whining” about so many “questionable” ballots. Meyer also writes about being pursued in the parking lot by a Republican activist who follows him to his car, shouting, “Go back to Massachusetts!” [American Prospect, 12/14/2000]

Entity Tags: County of Palm Beach (Florida), Mark Wallace, George W. Bush presidential campaign 2000, Steven Meyer

Category Tags: Political strategies, Recounts, Florida

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.

Category Tags: Political strategies, Recounts, Key Events, Florida

Bush supporters in Florida celebrate Katherine Harris’s decision to certify Bush as the winner of the 2000 election.Bush supporters in Florida celebrate Katherine Harris’s decision to certify Bush as the winner of the 2000 election. [Source: Salon]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), certifies George W. Bush (R-TX) the winner of Florida’s presidential election, though according to a Florida Supreme Court ruling she can choose to accept recount tallies through November 27 (see November 20-21, 2000). She chooses not to do so. Harris says Bush has a 537-vote lead. Her totals are: Bush, 2,912,790; Vice President Al Gore (D-TN), 2,912,253. The totals include none of the recounted ballots from either Palm Beach or Miami-Date Counties, both of which did not complete their recounts by Harris’s deadline (see 9:00 a.m. and after, November 22, 2000 and 2:45 p.m. November 26, 2000). Ongoing legal actions by both parties keep the election in doubt. Regardless, Governor Jeb Bush, George W. Bush’s brother, signs the Certificate of Ascertainment designating 25 Florida electors pledged to George W. Bush and transmits the document to the National Archives as required by Title 3, US Code, Section 6. Three days later, a Florida legislative committee will recommend a special session to name the state’s 25 representatives to the Electoral College, where they will presumably cast their votes for Bush. [US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008] If Bush is indeed the winner of the Florida presidential election, he has enough electoral votes to assume the presidency (see November 9, 2000). The Gore campaign refuses to accept Harris’s certification, and says it will ask Florida courts to order recounts of thousands of disputed votes. Gore’s running mate Joe Lieberman says, “This evening, the secretary of state of Florida has decided to certify what—by any reasonable standard—is an incomplete and inaccurate count of the votes cast in the state of Florida.” The Gore campaign is working out details of what will be a formal “contest” of the results, and will ask a state judge to order court-appointed “special masters” to complete interrupted recounts of about 2,000 uncounted votes in Palm Beach County and 10,700 uncounted votes in Miami-Dade County. They also want an inquiry into the Nassau County returns, where Gore officials believe Bush was wrongly credited with some 51 votes, and are considering challenging the legality of Palm Beach’s controversial “butterfly ballots.” Gore’s chief lawyer David Boies says: “We’re preparing contest papers that will be filed Monday, as early in the day as we can get them done. Until these votes are counted, this election cannot be over.” Republicans intend to use Harris’s ruling to publicly pressure Gore into conceding the election, pressure the Gore campaign says it is prepared to combat. Miami-Dade County, expected to yield enough votes in a recount to swing the election in favor of Gore, called off its recount under pressure from Republican protesters and due to time constraints (see 9:00 a.m. and after, November 22, 2000). [Salon, 11/25/2000; Guardian, 11/27/2000; Guardian, 11/28/2000] Investigative reporter Robert Parry will later write that Harris deliberately allowed Nassau County to throw out its recounted figures that gave Gore the 51 votes. [Consortium News, 8/5/2002] A brief furor ensues when some media outlets mistakenly report that 500 absentee ballots “not previously counted” were discovered in Broward County. The story is not true. [Salon, 11/25/2000] According to state law, it is only now that Gore can ask for a statewide recount. [Vanity Fair, 10/2004] Former President Jimmy Carter tells a reporter: “More than two weeks will remain before Florida’s 25 electors will have to be named, and then two more months before a new president will be sworn into office. We must not sacrifice speed for accuracy in deciding who has been chosen by the voters to take that oath.” [Salon, 11/25/2000]

Entity Tags: Al Gore presidential campaign 2000, Florida Supreme Court, Albert Arnold (“Al”) Gore, Jr., County of Miami-Dade (Florida), County of Broward (Florida), George W. Bush, County of Palm Beach (Florida), Katherine Harris, Robert Parry, James Earl “Jimmy” Carter, Jr., George W. Bush presidential campaign 2000, Joseph Lieberman, John Ellis (“Jeb”) Bush

Category Tags: Absentee votes, Legal action, Political strategies, Recounts, Key Events, Florida

The Gore presidential campaign asks Leon County Circuit Court Judge N. Saunders Sauls to authorize an immediate recount of about 14,000 disputed “undervote” ballots. Instead of ordering an immediate recount, Sauls orders the disputed ballots, sample voting booths, and voting machines from Miami-Dade and Palm Beach counties brought to his courtroom in Tallahassee by Friday, December 1—a total of 1.1 million ballots, posing a tremendous logistical challenge to election boards in the two counties. On November 30, a truck carrying more than 460,000 presidential ballots from Palm Beach County leaves on its way to Tallahassee as ordered by Sauls. On December 1, two more trucks carrying over 654,000 ballots begin the long drive to Tallahassee from Miami. On December 1, the Bush campaign asks Sauls to have another 1.2 million ballots trucked in from Volusia, Broward, and Pinellas Counties; Bush campaign spokesman Scott McClellan says, “We believe there were a number of illegal votes for Gore in those counties.” Sauls does not grant this request. The trial begins on December 2, with Gore’s lawyers arguing, “There is no reason to delay counting ballots even one day.” Bush’s lawyers advance a number of arguments against expediting or even conducting the recounts, including the position that the dispute is not between Bush and Gore, but between two disparate groups of Florida electors. Bush lawyers also say that Gore’s lawyers missed a 10-day deadline to file such challenges; manually recounting only some ballots is illegal; and the recounts the Gore campaign wants are “illegal, inappropriate, and manifestly unfair.” On December 4, Sauls rules against the Gore campaign (see 4:43 p.m. December 4, 2000). [US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008; Guardian, 11/30/2008; Guardian, 12/1/2008]

Entity Tags: County of Pinellas (Florida), County of Broward (Florida), Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, County of Leon (Florida), County of Palm Beach (Florida), George W. Bush presidential campaign 2000, N. Saunders Sauls, Scott McClellan, George W. Bush, County of Volusia (Florida), County of Miami-Dade (Florida)

Category Tags: Legal action, Political strategies, Recounts, Florida

Democrats for the presidential campaign of Al Gore file papers in the Florida Supreme Court asking the Court to order an immediate hand recount of some 14,000 disputed “undervote” ballots in two heavily Democratic Florida counties, Miami-Dade and Palm Beach (see November 28 - December 2, 2000). Any delay, the Gore lawyers argue, would make it a “virtual impossibility” to resolve the issue by the December 12 deadline for presidential certification. On December 1, the Court will reject the request. [Supreme Court of Florida, 12/1/2000 pdf file; US News and World Report, 12/13/2000; Leip, 2008]

Entity Tags: County of Miami-Dade (Florida), County of Palm Beach (Florida), Al Gore presidential campaign 2000

Category Tags: Legal action, Recounts, Florida

The Eleventh US Circuit Court of Appeals in Atlanta agrees to hear two separate but related cases challenging the Florida ballot manual count. The cases, brought by individuals but joined by the Bush campaign, argue that recounts by hand are unfair and unconstitutional. Both lawsuits are rejected. [Leip, 2008]

Entity Tags: George W. Bush presidential campaign 2000

Category Tags: Legal action, Recounts, Florida

The Florida Supreme Court dismisses a petition from the Gore campaign to order an immediate recount of over 12,000 “undervotes” from Miami-Dade and Palm Beach Counties. “Undervotes” are ballots that did not register a choice for president when run through the machine counter. An hour later, the same court rules that Palm Beach’s controversial “butterfly ballot” is legal (see 7:00 a.m. November 7, 2000 and After and November 27, 2000). [US News and World Report, 12/13/2000]

Entity Tags: Al Gore presidential campaign 2000, Florida Supreme Court, County of Palm Beach (Florida), County of Miami-Dade (Florida)

Category Tags: Legal action, Punch-card voting machines, Recounts, Florida

Leon County, Florida, Judge N. Saunders Sauls rules against the Gore campaign in the recount issue (see November 28 - December 2, 2000), saying that manual recounts in Miami-Dade and Palm Beach Counties are not warranted, and the Nassau County vote totals should stand. Sauls also refuses to block Florida’s certification of George W. Bush as the Florida presidential winner (see 7:30 p.m. November 26, 2000). The London Guardian calls the ruling a “crushing blow” to Al Gore’s chances of winning the disputed election. Sauls rules that there is “no credible statistical evidence and no other competent substantial evidence” to establish a reasonable probability that Gore might win if granted a hand recount of the undervotes. “This court… concludes the evidence does not establish any illegality, dishonesty, improper influence, coercion, or fraud in the balloting and counting processes,” Sauls rules. The ruling also restores Bush’s 930-vote lead that existed before recount numbers were taken into account (see November 18, 2000). After Saul’s ruling, Gore’s lead attorney David Boies says the campaign will appeal the ruling to the Florida Supreme Court, and that the campaign had always assumed the case would end up in that court. “What has happened today is that we have moved one step closer to having this finally resolved,” he tells reporters, but admits that in this instance, “They won, we lost.” Boies notes that after the incredible effort expended to bring over a million ballots to Sauls’s courtroom, the judge never looked at them. “The ballots were the best evidence of the intents of the voters,” Boies says. “This was the first court in an election contest where the court has refused to look at the ballots.” The Florida high court will hear the appeal on December 7. [Circuit Court of the Second Judicial Circuit, In and For Leon County, Florida, 12/4/2000 pdf file; Guardian, 12/5/2000; US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]

Entity Tags: Florida Supreme Court, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, County of Leon (Florida), County of Palm Beach (Florida), George W. Bush presidential campaign 2000, N. Saunders Sauls, George W. Bush, County of Miami-Dade (Florida)

Category Tags: Legal action, Recounts, Florida

The Bush campaign seeks stays in the Florida Supreme Court, the Eleventh Circuit Court of Appeals, and the US Supreme Court regarding the acceptance of 43,852 “undervote” recounts in Florida counties. Most importantly, the Bush campaign also asks the US Supreme Court for a writ of certiorari, which would declare its candidate the winner of the Florida presidential election. Both the Florida Supreme Court and Eleventh Appeals Court refuse to issue the stay. Most observers believe that if the recounts are completed and their vote totals tabulated, Democrat Al Gore will win enough votes to win Florida, and thusly become president. Currently Republican George W. Bush has a mere 193-vote lead (see December 7-8, 2000), and recount totals from Miami-Dade County alone are expected to give Gore more than this amount. One example of the problematic situation in Florida is with Duval County, which includes the city of Jacksonville, where claims of massive African-American disenfranchsement and discrimination (see November 7, 2000) have already tainted the balloting. Duval has 4,967 undervotes, but they are mixed in with 291,000 others, all stored in boxes in a vault. The all-Republican electoral board, as seen on national television, has begun examining ballots, but as The Guardian observes, “with such painstaking reluctance to proceed, it amounted to an effective filibuster.” Democratic spokeswoman Jenny Backus tells reporters, “What we’ve heard is that they’re going to try to slow this down by every means they can.” However, the US Supreme Court issues the requested stay and the undervote tabulation stops. The Court does not issue the requested writ of certiorari. [Supreme Court of the United States, 12/8/2000 pdf file; Supreme Court of the United States, 12/9/2000 pdf file; Guardian, 12/10/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008] The divide among the nine US Supreme Court justices is plain. The five conservative justices, led by Antonin Scalia, have since December 4 been circulating memos among themselves and their clerks, bouncing various arguments off one another in what the liberal justices’ clerks feel is an attempt to audition and solidify their arguments in favor of overturning the Florida high court’s decision and giving the presidency to Bush. The four liberal justices, led by John Paul Stevens, have long felt that the Court had no business being involved in the issue, that it was instead up to the Florida judiciary and legislature to settle the matter. Stevens, writing the anticipated dissent for the minority, has to ask the majority for more time to complete his dissent, so eager are they to issue their ruling. When Scalia sees in Stevens’s dissent the line that says, “counting every legally cast vote cannot constitute irreparable harm”—a direct rebuke to Scalia’s earlier argument that the Florida recounts would do “irreparable harm” to a Bush presidency—Scalia inadvertently delays the proceedings to write his own angry rejoinder, which reads in part, “Count first, and rule upon legality afterwards, is not a recipe for producing election results that have the public acceptance democratic stability requires.” Scalia’s nakedly partisan stance discomfits even some of the other conservative justices’ clerks and angers the liberal clerks. “The Court had worked hard to claim a moral high ground, but at that moment he pissed it away,” one later recalls. “And there was a certain amount of glee. He’d made our case for us to the public about how crassly partisan the whole thing was.” After Scalia finishes his rejoinder, the Court issues its stay, stopping all further recounts. Gore himself, unaware of the arguments and partisanship dividing the Court, still holds out hope that one of the conservatives—O’Connor or Anthony Kennedy, perhaps (see After 7:50 p.m. November 7, 2000 and (November 29, 2000))—can be reached. “Please be sure that no one trashes the Court,” he admonishes his staffers. Gore decides to have campaign lawyer David Boies instead of Laurence Tribe argue the campaign’s case in the upcoming arguments, perhaps hoping that Boies, more moderate than the outspokenly liberal Tribe, might win some support from either Kennedy or O’Connor. Boies has also been representing Gore in Florida, and can presumably reassure the justices of the fundamental fairness of what is happening there. The liberal clerks have no such illusions. What hopes they have now are pinned on the press. One has heard a rumor that the Wall Street Journal is preparing to publish a story reporting that O’Connor had been overheard at a dinner party expressing her opposition to a Gore presidency; that report, the clerks hope, might force O’Connor to recuse herself from the decision and tie the court at 4-4. However, O’Connor has no such intention. Gore’s lawyers, aware of O’Connor’s statements, consider asking her to recuse herself, but decide instead to restrain themselves in hopes that she will, according to a 2004 Vanity Fair article, “now lean toward them to prove her fairness.” [Vanity Fair, 10/2004]

Entity Tags: County of Miami-Dade (Florida), Wall Street Journal, County of Duval (Florida), Anthony Kennedy, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, US Supreme Court, The Guardian, John Paul Stevens, Laurence Tribe, George W. Bush presidential campaign 2000, George W. Bush, Sandra Day O’Connor, Florida Supreme Court, Jenny Backus, Antonin Scalia, David Boies

Category Tags: Legal action, Recounts, US Supreme Court intervention, Key Events, Florida

Florida Judge Terry Lewis orders that Florida counties complete their manual recounts by 2:00 p.m. December 10. Lewis’s ruling comes in the wake of the Florida Supreme Court ordering immediate “undervote” recounts (see December 7-8, 2000). Before Lewis’s deadline can be reached, the US Supreme Court will issue a stay of the Florida high court’s ruling (see December 8-9, 2000), rendering Lewis’s deadline moot. [US News and World Report, 12/13/2000]

Entity Tags: Florida Supreme Court, Terry Lewis, US Supreme Court

Category Tags: Legal action, Recounts, US Supreme Court intervention, Key Events, Florida

As per a Florida Supreme Court ruling (see December 7-8, 2000), Florida counties begin a statewide manual recount of “undervote” ballots before the US Supreme Court issues a stay halting the recounts (see December 8-9, 2000). [Leip, 2008]

Entity Tags: US Supreme Court, Florida Supreme Court

Category Tags: Legal action, Recounts, US Supreme Court intervention, Florida

An artist’s rendition of the nine Court justices hearing oral arguments in the ‘Bush v. Gore’ case.An artist’s rendition of the nine Court justices hearing oral arguments in the ‘Bush v. Gore’ case. [Source: Authentic History]The US Supreme Court begins hearing oral arguments in the lawsuit Bush v. Gore on the Florida recounts and election results. The Bush campaign has challenged the legality of a Florida Supreme Court ruling mandating the recounting of “undervote” ballots (see December 7-8, 2000). Bush lawyers argue that manual recounts violate the Constitution’s mandate of equal protection. Gore lawyers argue that the overriding issue is the importance of counting each vote cast. By the afternoon, the public is hearing the arguments via audiotapes. Justice Antonin Scalia, one of the Court’s most hardline conservatives, drew criticism when he said in an earlier opinion that the majority of the Court believed that George W. Bush had “a substantial probability of success,” a conclusion disputed by other justices such as John Paul Stevens. Scalia now says that he is inclined to vote in favor of Bush because, he says, “the counting of votes that are of questionable legality does in my view threaten irreparable harm [to Bush]” (see December 8-9, 2000). [Guardian, 12/11/2000; US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]
Kennedy Determines that 'Equal Protection' Is Key to Reversing Florida Decision - Al Gore’s lawyers, led by David Boies, believe that one of the Bush team’s arguments is flawed: the idea that the Florida Supreme Court exceeded its bounds restricts one appellate court far more than another appellate court is willing to condone. Unbeknownst to the Gore lawyers, Justice Anthony Kennedy agrees with the Gore team on this issue. Kennedy has no intention of finding in favor of the Gore position, but he does want the other four conservatives on the bench to come together behind the Bush argument that using different standards for ballot evaluation in different counties violates the equal-protection clause of the Constitution, an argument that most of the justices, litigants, and clerks have not considered up until now. As a practical matter, enforcing a single standard of ballot evaluation among the disparate Florida counties would be virtually impossible. And the Court under the leadership of Chief Justice William Rehnquist has, until now, been reluctant to interpret the equal-protection clause except in the narrowest of circumstances. Neither the Bush nor the Gore lawyers had given that argument a lot of attention, but it will prove the linchpin of the Court’s majority decision. As oral arguments proceed, and Kennedy pretends to not understand why this is a federal argument, clerks for the liberal justices find themselves sourly amused at Kennedy’s pretense. “What a joke,” one says to another. When Kennedy cues Bush lawyer Theodore Olson that he is interested in the equal protection clause as an argument—“I thought your point was that the process is being conducted in violation of the equal-protection clause, and it is standardless”—Olson quickly pivots and begins building his case under that rubric. Liberal justices Stephen Breyer and David Souter use the equal-protection argument to suggest that the best and simplest solution is simply to remand the case back to the Florida Supreme Court and ask it to set a uniform standard. Breyer has been working for days to convince Kennedy to join the four liberals in sending the case back to Florida, and for a time during the oral arguments, believes he may have succeeded. The liberal clerks have no such hopes; they believe, correctly, that Kennedy is merely pretending to consider the option. “He probably wanted to think of himself as having wavered,” one clerk later says. A brief private chat with Scalia and his clerks during oral arguments may have swayed Kennedy back into the fold, assuming he is wavering at all.
Demands for Identical Standards among All Florida Counties - Justice Sandra Day O’Connor (see After 7:50 p.m. November 7, 2000 and (November 29, 2000)) rails at Boies over the idea that the 67 counties cannot all have the same standards of ballot evaluation, and shows impatience with Boies’s explanation that for over 80 years, the Florida courts have put the idea of “voter intent” over identical ballot identification standards. [Vanity Fair, 10/2004]

Entity Tags: David Souter, David Boies, Anthony Kennedy, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, William Rehnquist, US Supreme Court, Sandra Day O’Connor, Stephen Breyer, Theodore (“Ted”) Olson, George W. Bush, George W. Bush presidential campaign 2000, John Paul Stevens, Florida Supreme Court, Antonin Scalia

Category Tags: Legal action, Recounts, US Supreme Court intervention, Key Events, Florida

The US Supreme Court issues a ruling in Bush v. Gore (see December 11, 2000) that essentially declares George W. Bush (R-TX) the winner of the Florida presidential election, and thusly the winner of the US presidential election (see Mid-to-Late November 2000). The decision in Bush v. Gore is so complex that the Court orders that it not be used as precedent in future decisions. The 5-4 decision is split along ideological lines, with Justices Sandra Day O’Connor (see After 7:50 p.m. November 7, 2000 and (November 29, 2000)) and Anthony Kennedy, two “moderate conservatives,” casting the deciding votes. In the per curium opinion, the Court finds: “Because it is evident that any recount seeking to meet the Dec. 12 date will be unconstitutional… we reverse the judgment of the Supreme Court of Florida ordering the recount to proceed.… It is obvious that the recount cannot be conducted in compliance with the requirements of equal protection and due process without substantial additional work.” The decision says that the recounts as ordered by the Florida Supreme Court suffer from constitutional problems (see December 7-8, 2000). The opinion states that differing vote-counting standards from county to county and the lack of a single judicial officer to oversee the recount violate the equal-protection clause of the Constitution. The majority opinion effectively precludes Vice President Al Gore from attempting to seek any other recounts on the grounds that a recount could not be completed by December 12, in time to certify a conclusive slate of electors. The Court sends the case back to the Florida Supreme Court “for further proceedings not inconsistent with this opinion.” Four justices issue stinging dissents. Justice John Paul Stevens writes: “One thing… is certain. Although we may never know with complete certainty the identity of the winner of this year’s presidential election, the identity of the loser is perfectly clear. It is the nation’s confidence in the judge as an impartial guardian of the rule of law.” Justice Stephen G. Breyer adds that “in this highly politicized matter, the appearance of a split decision runs the risk of undermining the public’s confidence in the court itself.” [Per Curiam (Bush et al v. Gore et al), 12/12/2000; US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]
Drafting Opinions - After oral arguments concluded the day before, Chief Justice William Rehnquist said that if they were to remand the case back to Florida, that order must go out immediately in light of the approaching deadline for certification of results; Stevens quickly wrote a one-paragraph opinion remanding the case back to Florida and circulated it, though with no real hope that it would be adopted. The five conservative justices are determined to reverse the Florida decision. For the rest of the evening and well into the next day, December 12, the justices work on their opinions. Stevens prepares the main dissent, with the other three liberal justices preparing their own concurrences. Stevens and Justice Ruth Bader Ginsburg find no support whatsoever for the equal-protection argument, and say so in their writings. Justices Breyer and David Souter give the idea some weight; Souter says that the idea of uniform standards is a good one, but these standards should be created and imposed by the Florida judiciary or legislature. Stopping the recounts solves nothing, he writes. It soon becomes apparent that neither Kennedy nor O’Connor share Rehnquist’s ideas on the jurisdiction of the Florida court, and will not join him in that argument. Kennedy writes the bulk of the majority opinion; as predicted, his opinion focuses primarily on the equal-protection clause of the Constitution. The liberal justices and clerks find Kennedy’s reasoning that stopping the recounts is the only way to ensure equal protection entirely unconvincing. Anthony Scalia circulates a sealed memo complaining about the tone of some of the dissents, asking that the dissenters not call into question the Court’s credibility. (His memo prompts Ginsburg to remove a footnote from her dissent commenting on Florida’s disenfranchised African-American voters; some of the liberal clerks see the incident as Ginsburg being bullied into compliance by Scalia. Subsequent investigations show that thousands of legitimate African-Americans were indeed disenfranchised—see November 7, 2000.) Kennedy sends a memo accusing the dissenters of “trashing the Court,” and says that the dissenters actually agree with his equal-protection argument far more than they want to admit. When he has a line inserted into his opinion reading, “Eight Justices of the Court agree that there are constitutional problems with the recount ordered by the Florida Supreme Court that demand a remedy,” some of Stevens’s clerks angrily telephone Kennedy’s clerks and accuse them of misrepresenting Stevens’s position. They demand that the line be removed. Kennedy refuses, and Stevens rewrites his opinion so that he is no longer associated with the position. Kennedy is forced to rewrite the statement to say that “seven,” not “eight” justices agree with his position. One of Stevens’s clerks, Eduardo Penalver, tells Kennedy clerk Grant Dixton that what Kennedy had done was disgusting and unprofessional. Breyer and his clerks are also unhappy about Kennedy’s assertion, but take no action. The line prompts many in the media to claim, falsely, that the decision is a 7-2 split and not a 5-4. The main document, a short unsigned opinion halting the recounts, is written by Kennedy. Two portions are particularly notable: Kennedy’s assertion that the ruling applies only to Bush, and not to future decisions; and that the Court had only reluctantly accepted the case. “That infuriated us,” one liberal clerk later recalls. “It was typical Kennedy bullsh_t, aggrandizing the power of the Court while ostensibly wringing his hands about it.” Rehnquist, Scalia, and Justice Clarence Thomas join the decision, though Scalia is unimpressed with Kennedy’s writing and reasoning. Reportedly, he later calls it a “piece of sh_t,” though he will deny making the characterization.
Lack of Consensus - The lack of consensus between the conservative justices is relatively minor. Among the four liberal justices, though, it is quite pronounced—though all four wish not to end the recounts, only Stevens has a strong position and has stayed with it throughout the process. Souter, Ginsburg, and Breyer were far less certain of their opposition, and resultingly, their dissents, unlike the impassioned Stevens dissent, are relatively pallid. Some of the liberal clerks say that the four’s lack of consensus helped the solid conservative majority stay solid: “They gave just enough cover to the five justices and their defenders in the press and academia so that it was impossible to rile up the American people about these five conservative ideologues stealing the election.”
Final Loss - Gore, reading the opinion, finally realizes that he and his campaign never had a chance with the five conservative justices, though they had hoped that either O’Connor or Kennedy would join the four liberals (see (November 29, 2000)). He congratulates his legal team, led by David Boies, and commends it for making it so difficult for the Court to justify its decision. Some reports will circulate that Souter is depressed over the decision, with Newsweek reporting that he later tells a group of Russian judges that the decision was “the most outrageous, indefensible thing” the Court had ever done. He also reportedly says that had he had “one more day,” he could have convinced Kennedy to turn. However, Souter will deny the reports, and those who know him will say that such comments would be out of character for him. For her part, O’Connor will express surprise that anyone could be angry over the decision. As for Scalia, some Court observers believe that his open partisanship during the process will cost him any chance he may have had to be named chief justice. [Vanity Fair, 10/2004]

Entity Tags: David Souter, William Rehnquist, David Boies, Anthony Kennedy, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, US Supreme Court, Stephen Breyer, Ruth Bader Ginsburg, Clarence Thomas, George W. Bush presidential campaign 2000, George W. Bush, Florida Supreme Court, John Paul Stevens, Grant Dixton, Sandra Day O’Connor, Eduardo Penalver

Timeline Tags: Civil Liberties

Category Tags: Legal action, Recounts, US Supreme Court intervention, Key Events, Florida

The US House Committee on Energy and Commerce holds a hearing on the news networks’ election night decision to project George W. Bush the winner of the Florida election, and thereby the winner of the US presidential election (see November 7-8, 2000). One of the matters at hand is Fox News’s choice to have its election night coverage anchored by John Prescott Ellis, President Bush’s cousin and an intensely partisan Bush supporter (see October-November 2000). The chairman of the committee is W.J. “Billy” Tauzin (R-LA).
Opening Statements - In his opening statement, Tauzin tells the assemblage that the hearing is to “give us a real sense of what went wrong in terms of the election night coverage of the presidential election of November 2000.” He notes that news coverage issues have been raised in every election since the 1960 Kennedy-Nixon election. Early calls—the practice of news outlets to “call,” or project, winners in states before elections in other states have closed—have long been acknowledged as having a “deletorious” effect on voting, and the use of “exit polling”—polls of voters taken outside polling booths—have proven both “valuable” and “dangerous.” Voter News Service (VNS), the independent consortium that provided polling and other data to the networks and press agencies for their use during their election coverage, uses exit polling to help those news outlets “project” winners in races. Tauzin spends much of his opening statement attacking VNS and the use of exit polling as the “source” of the election night dissension, and says that on the whole, VNS data “produces statistical biases in favor of Democrats in this case today and against Republicans, that the statistical flaws tend to overstate the Democratic vote in the exit poll and understate the Republican vote.” Tauzin says that investigations have “discovered no evidence of intentional bias, no evidence of intentional slanting of this information,” and instead says the entire problem rests with VNS and its use of exit polling data. In their opening statements, many Republicans echo Tauzin’s remarks. Ranking minority member John Dingell (D-MI) calls the election night coverage “a monumental screw-up which I think has embarrassed an awful lot of people.” Dingell repeats Tauzin’s claim that no evidence of intentional bias has been found—calling such allegations “inflammatory”—and says that the focus of future hearings should be on the issue of voter disenfranchisement. Having said all that, he goes on to say that the networks’ decision to call Florida for Bush in the early hours of November 8, 2000 was premature, and lent itself to later allegations that attempts by Democratic challenger Al Gore were baseless and troublesome. Cliff Stearns (R-FL) accuses the networks of trying to influence Florida voters in the Panhandle, a traditionally Republican stronghold, by prematurely calling the state for Gore eight minutes before polls closed in that region. In questioning, Sherrod Brown (D-OH) notes the almost-immediate appearance of the “Sore Loserman” campaign (derived from the names of the Democratic candidates, Gore and Joe Lieberman), which attempted, successfully, to paint attempts by the Gore campaign to force vote recounts as attempts to “steal” the election.
Focus on Fox - Henry Waxman (D-CA) is the first to mention Fox News. He reads from a Los Angeles Times editorial, quoting: “Suppose that a first cousin of Al Gore had been running one of the network news teams issuing election night projections. Suppose that having previously recused himself from a columnist job saying his objectivity would suffer from family loyalty, this cousin had chatted with Gore six times on Election Day. Suppose the same cousin had been the first to declare Gore as the winner in Florida on election night, helping coax the rival networks to follow suit, leading George W. Bush to call up Gore in order to concede, thereby helping to create that Gore was the duly elected president of the United States long before all the votes had been counted. Can anybody reasonably doubt that the pundits would be working themselves into a nonstop lather charging the liberal media as accessories to grand larceny? Can we imagine, say, Rupert Murdoch’s Fox news channel right-leaning heads dropping the subject?” Waxman says this was absolutely the case, but with Fox News and John Ellis, not Gore and an imaginary Gore cousin at another network. “[O]f everything that happened on election night this was the most important in impact. It created a presumption that George Bush won the election. It set in motion a chain of events that were devastating to Al Gore’s chances and it immeasurably helped George Bush maintain the idea in people’s minds than he was the man who won the election.” Several other Democrats echo Waxman’s statements.
Issues with Florida Election Practices - Peter Deutsch (D-FL) cites issues of rampant voter disenfranchisement of African-Americans, a traditionally Democratic voting bloc, with over 100,000 ballots, mostly from African-American voters, apparently not counted. Deutsch says flatly that “there is no question, it is no longer debatable that if the vote in Florida were counted, Al Gore would be president of the United States.” Bobby Rush (D-IL) cites a large number of incidents where minority group voters were “harassed by police departments” in Florida and in other states besides. In many instances these voters were stopped from voting entirely; in others, their votes were not counted. Other Democrats, such as Eliot Engel (D-NY), echo Deutsch’s and Rush’s concerns; Engel says: “Al Gore was not the only one who lost that night. The American people lost that night, and the news media also lost that night.”
Testimony regarding Independent Review of Election Night Coverage - The first witness is Joan Konner, a professor of journalism at Columbia. Konner led a panel commissioned by CNN “to look at what went wrong in [CNN’s] television coverage of the presidential election 2000.” Her panel submitted a report on the election night coverage to CNN, and CNN provided that report to the committee. “[S]omething went terribly wrong,” she says. “CNN executives, correspondents, and producers themselves describe election night coverage as a debacle, a disaster, and a fiasco; and in our report we agree.” She blames the problems with CNN’s coverage on “excessive speed and hypercompetition, combined with overconfidence in experts and a reliance on increasingly dubious polls. We have stated that the desire to be first or at least not to be consistently behind the others led the networks to make calls unwisely based on sketchy and sometimes mistaken information.” The choice to create, fund, and use VNS by all the networks was primarily a cost-cutting decision, she says, but that choice was a mistake: “Relying on a single source eliminates the checks and balances built into a competitive vote-gathering and vote system. It eliminates the possibility of a second source for validating key and possible conflicting information.” Another member of the panel, James Risser of Stanford University, notes that the report’s findings apply equally to other networks along with CNN.
Media Panel - After much questioning of the CNN panel, a second panel is sworn in. This panel includes: Fox News chairman Roger Ailes; CBS president Andrew Heyward; CNN chairman Tom Johnson; NBC president Andrew Lack; ABC president David Westin; VNS director Ted Savaglio; VNS editorial director Murray Edelman; and the Associated Press’s president, Louis Boccardi. In an opening statement, Savaglio admits that VNS made “errors” in vote tabulation and predictives based on “flaws” in the statistical analyses. Two major errors were made on election night, Savaglio says, the first leading to the incorrect awarding of Florida to Gore early in the evening, and the second provision of data that indicated Bush had a statistically insurmountable lead in Florida that did not include an accurate tabulation of votes cast in Volusia County as well as errors in other county tabulations and estimates. Boccardi says that the Associated Press used VNS-provided data in the erroneous Gore projection, but “takes full responsibility” for the error. The Associated Press did not join in with the second, Fox News-led projection of Bush’s victory. “[T]he race was too close to call” at that point, he says. “It would be right to surmise that the pressure on AP at that moment [to join the networks in calling the election for Bush] was enormous.” Heyward testifies that CBS, like CNN, hired an independent panel to assess its election coverage, and has a number of improvements to be made for future coverage. “Our method of projecting winners, one that, as you have heard, has produced only six bad calls in over 2,000 races since the 1960s, failed us this time; and as a well-known candidate would say, failed us big time in the very state that held the key to this election,” he says. He also notes that charges by Republican committee members that there is an inherent bias in the statistical models against Republicans “has been rejected by every single outside expert who examined each of the networks, even those experts, and you heard from them today, who are the most highly critical of us.” Lack asks why there was not more media coverage and examination of other voting-related problems, from “ineffective voting machines” and “confusing ballots” to allowing felons to vote.
Ailes's Statement - Ailes blames VNS for Fox’s “mistakes” in its reporting, saying: “As everyone knows, Voter News Service, a consortium with a good track record, gave out bad numbers that night. In the closest race in history the wheels apparently came off a rattle trap computer system which we relied on and paid millions for.” He claims, “Through our self-examination and investigation we have determined that there was no intentional political favoritism in play on election night on the part of Fox News.” Ailes does not mention his choice to use Ellis as Fox’s election night anchor in his verbal statement, but in a written statement he submits to the committee, he says that Ellis was not the person who made the final decision to declare Florida for Bush. The news division’s vice president, John Moody, made the final call. As for hiring Ellis, he praises Ellis’s professionalism and experience, and writes: “We at Fox News do not discriminate against people because of their family connections. I am more than happy to give you examples of offspring of famous politicians who are employed at Fox News.” He also says that he was aware that Ellis was speaking to both George W. and Jeb Bush throughout the night, and writes: “Obviously, through his family connections, Mr. Ellis has very good sources. I do not see this as a fault or shortcoming of Mr. Ellis. Quite the contrary, I see this as a good journalist talking to his very high level sources on election night.” Though Ellis has freely admitted to sharing VNS data with both Bushes, Ailes writes, “Our investigation of election night 2000 found not one shred of evidence that Mr. Ellis revealed information to either or both of the Bush brothers which he should not have, or that he acted improperly or broke any rules or policies of either Fox News or VNS.” He concludes: “[I]n my heart I do believe that democracy was harmed by my network and others on November 7, 2000. I do believe that the great profession of journalism took many steps backward.”
Questioning the Media Representatives - Almost immediately, Ailes raises the question of skewed exit polling that appears to favor Democrats, though experts have refuted these claims in just-given testimony, and Savaglio has just said that exit polls exhibit no such bias. Ailes tells the panel: “I do know that when Republicans come out of polls and you ask them a question they tend to think it’s none of your business and Democrats want to share their feelings. So you may get some bias there that is inadvertent, just because it’s a cultural thing and unless you send the Republicans to sensitivity training you’re not going to get them to do that.” Tauzin says that a study of VNS results tends to bear out Ailes’s claim. Westin says if there is bias in exit polling, it cuts both ways, an observation with which Tauzin also agrees. Savaglio admits that after midnight, VNS provided substantially inaccurate information to the networks that led them to conclude Bush had a slight but insurmountable lead in Florida. Lack denies the rumor that Jack Welch, the CEO of NBC’s parent company General Electric, made the decision for NBC News to follow Fox’s lead in declaring Bush the presumptive winner in Florida. Waxman accepts Lack’s denial, but notes that he has been told Welch’s command to declare Bush the winner is preserved on videotape, “filmed by NBC’s advertising and promotions department.” Lack says if the tape exists, he will provide it to the committee. Bart Stupak (D-MI) asks the representatives directly if they believe any bias towards one party or another exists in their networks’ coverage, and all answer strongly in the negative. Heyward says that rumors of networks such as his trying to “slant” their coverage to give the idea of an “inevitable” Gore victory are entirely negative, and says: “[C]ertainly we displayed the popular vote graphic 15 times between 7 and 11. President Bush was ahead every single time; on the electoral count, 75 out of 100 times.… The video [shown by the commission at the beginning of the hearing] that gave the impression that the networks were saying Gore’s got it in the bag I believe was misleading, yes.” Westin agrees with Heyward, and says the networks generally gave the impression of “a much more balanced, much closer race throughout the night.” Under questioning by Gene Green (D-TX), Ailes contradicts previously presented evidence and says no one at the election desk, Ellis or anyone else, was in contact with “Austin” (meaning the Bush campaign and George W. Bush personally) at all that night. [House of Representatives, Committee on Energy and Commerce, 2/14/2001]

Entity Tags: CBS News, Sherrod Brown, Bobby Lee Rush, Roger Ailes, Raymond Eugene (“Gene”) Green, Ted Savaglio, Tom Johnson, US House Committee on Energy and Commerce, Voter News Service, ABC News, Andrew Heyward, Andrew Lack, Associated Press, W.J. (“Billy”) Tauzin, Peter R. Deutsch, NBC News, Rupert Murdoch, Louis Boccardi, Fox News, Eliot L. Engel, David Westin, Clifford Bundy (“Cliff”) Stearns, CNN, Murray Edelman, George W. Bush, John Prescott Ellis, Jack Welch, Joan Konner, John Dingell, John Ellis (“Jeb”) Bush, Joseph Lieberman, James Risser, Henry A. Waxman, Bart Stupak

Timeline Tags: Domestic Propaganda

Category Tags: Absentee votes, Diebold, Electronic voting, Exit polls, Irregularities, Recounts, Key Events, Media Coverage, Florida

After nearly two years of legal wrangling, the Bush administration releases financial and other records from the November-December 2000 campaign to the Internal Revenue Service. Those records include hundreds of pages of documents regarding the Bush campaign’s efforts to win the Florida recounts (see 9:00 a.m. and after, November 22, 2000). The George W. Bush recount committee spent $13.8 million on its efforts to influence the recount, while long-available documents from the Al Gore recount operation show that Gore spent about a quarter of that amount, $3.2 million. The Bush campaign spent more than that on lawyers—$4.4 million. The Bush records document some 250 paid staffers, payouts of $1.2 million to fly operatives to and from Florida, and about $1 million in hotel bills. Additionally, a fleet of corporate jets was provided to the recount operation, many of them paid for by Enron Corporation and its CEO Kenneth Lay, a prominent Bush backer. Other jets were provided by Halliburton, where Vice President Dick Cheney had served as chairman and CEO. [Consortium News, 8/5/2002]

Entity Tags: George W. Bush, Albert Arnold (“Al”) Gore, Jr., Bush administration (43), Halliburton, Inc., Enron Corporation, Kenneth Lay, Internal Revenue Service, Richard (“Dick”) Cheney

Category Tags: Other, Recounts, Florida

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