- Published: November 15, 2021
- Updated: November 15, 2021
- University / College: The University of Western Australia
- Language: English
- Downloads: 35
Bush, et. al. vs Gore, et. al.
531 U. S. 98
FACTS : In 2008, the lower court in the State of Florida ordered for the manual counting of votes during the recently concluded Presidential election participated by George W. Bush and Al Gore. Bush won but only a few votes over Gore. Because of this, an automatic recounting of votes was set. The Secretary of State issue a deadline as far as the recount was concerned. The Florida Supreme Court extended the deadline from November 14 to November 26. In the counting, the lower court order that a total of 383 votes were to be included in Vice President Gore’s tally. These votes came from Palm Beach County and Miami-Dade County.
ISSUE : Manual recounting of the votes was not the issue but the manner by which the Florida Supreme Court issued an extension of the deadline. Where is this decision of the Florida Supreme Court based?
LAW : Article II, §1, cl. 2, of the US Constitution along with 3 U. S. C. §5 were raised following the Presidential election. The legalities about the decision of the Florida Supreme Court was challenged whether it has the legal capacity to resolve the predicament over Presidential results contest. In addition, there were also several reasons to believe that the Florida Supreme Court used a standards manual recount.
ANALYSIS : From the analysis made there were enough reasons to assume that the Florida Supreme Court did not used the standard benchmark that would grant the process of a manual recount. In addition, there were highly limited counties that participated. And the counts that were included in the official count were perceived not part of the official voting statistics.
CONCLUSION : The ruling was granted to conduct a manual recount of votes following a standardized procedure.