NY Daily News 11-22-00 W.'s Recount Fallback Plan t's called building a record, and that's what the Republicans have been doing in earnest since it became likely that the Florida Supreme Court would favor fairness over procedure and rule against George W. Bush. Team Bush will of course now try to prevail in other courts at the federal level � and will probably contest the final vote before the Florida Supreme Court as well. But the record they're building, complaint by complaint, has two different, nonjudicial, arenas in mind: the Florida Legislature, as former Secretary of State James Baker indicated last evening, and eventually, the U.S. Congress. The Bushies have been heartened by the meager increase in votes for Al Gore recorded so far in the three Florida counties recounting almost around the clock. But they're worried about the votes sitting in other piles � the several thousand questionable ballots the chad counters can't agree on. Those are the ballots that haven't been punched through thoroughly, the ones with mere indentations or dangling pieces of paper that make them hard to analyze. If the slightest indentation is sufficient to signal voter intent � and that seems to be what the Florida Supreme Court sanctioned last night � then it's likely Gore will finally overcome Bush's lead of about 930 votes, even if that total increases due to the inclusion of the many overseas ballots now in dispute. But that won't mean Gore has won, unless the Republicans pack it in, which they seem far from doing. "The whole purpose of our complaining about the Democrat-dominated canvassing boards, about chads on the floor and eaten chads and all the rest is to build a record that can allow us to say that the election in Florida has been tainted," says a Bush adviser. "That's why guys like [House Republican Whip] Tom DeLay are talking about the election being stolen. We want to keep our options open if we need to, if Gore pulls ahead in the count. If that happens, we'll need some decent amount of public opinion on our side so we can appeal beyond the courts." But to whom would the Republicans appeal? To the Florida Legislature, then to the Congress. It's possible the Republicans who dominate the Florida Legislature could certify a slate of presidential electors pledged to Bush even if the state's Division of Elections has certified Gore electors based on the postrecount tabulations. The Republican legislators, following James Baker's lead, would justify their action by claiming that the recount process tainted the final result instead of clarifying it � an argument that would gain power if the standards governing a particular ballot's validity continued to vary from county to county. What would happen then? On Jan. 6, when the new Congress meets to count the nation's electoral votes, the members would be faced with two competing slates of electors � one pledged to Gore, the other to Bush. If so, a simple majority of both houses of Congress would determine which electoral votes to count. With the GOP controlling both houses � and if the members move as a bloc along party lines � the votes of Bush's electors could be counted and Bush could be elected President. Is any of this possible? Anything is possible at this point � and the Republicans clearly view such a scenario as both possible and do-able. If they thought otherwise, they wouldn't be so busy crying foul. They wouldn't be so determined to build a record of supposed vote theft to put before legislators in Florida and Washington if Gore wins the recount. They know that asking any legislator, even a Republican, to jeopardize his or her career by voting to overturn a Gore-certified victory in Florida is not something asked lightly. But the presidency's at stake here, and it's clearer than ever that both sides are willing to win at any cost � even if that cost virtually wipes out any chance of governing effectively over the next four years. Original Publication Date: 11/22/2000 Court Backs Fla Recount (11/22/2000)
