I remember it the same way.  Please confirm!

Not only is Toobin wrong on that; he also states "(Recounts of the ballots by media organizations produced ambiguous results; they suggest that Gore would have won a full statewide recount and Bush would have won the limited recount initially sought by the Gore forces.)"
The phrase "full statewide recount" referred to a recount of both overvotes and undervotes, something Gore did not ask for and the court did not order.


On 11/29/2010 9:21 AM, EDWARD FOLEY wrote:

One quick factual question about the Toobin piece that Rick links to.  Toobin says that the "the Florida courts, interpreting Florida election law, [ordered] a statewide recount of all undervotes and overvotes; that is, ballots that indicated no Presidential preference or more than one."  My memory is different: the Florida Supreme Court's 4-3 decision ordered only a statewide recount of undervotes, not overvotes, and that was a basis of concern in both Justice Wells' dissent at the state level, as well as mentioned as a potential factor in the U.S. Supreme Court's Equal Protection analysis. 

I'm not currently in a position to go back and either confirm or refute my memory on this.  I'm wondering if any list members is in a position to easily and quickly do so.

Thanks very much, Ned

----- Original Message -----
From: Rick Hasen <Rick.Hasen@lls.edu>
Date: Monday, November 29, 2010 12:00 pm
Subject: [EL] Electionlawblog news and commentary 11/29/10
To: Election Law <election-law@mailman.lls.edu>

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