-Caveat Lector- [It just amazes me...how both sides can still come up with good spin after all this time since the election got whach. --MS] Gore invents precedent December 1, 2000 STEVE NEAL SUN-TIMES COLUMNIST Al Gore's lawyers distorted an Illinois Supreme Court case in their successful effort to persuade the Florida Supreme Court to allow hand recounts without firm standards. In its 40-page ruling, the Florida Supreme Court prominently cited the 1990 Illinois legal dispute between former state Rep. Penny Pullen (R-Park Ridge) and Rosemary Mulligan. "The words of the Supreme Court of Illinois are particularly apt in this case," the Florida justices proclaimed. On page 35 of their decision, the Florida jurists quoted their Illinois brethren: "The purpose of our election laws is to obtain a correct expression of the intent of the voters. Our courts have repeatedly held that, where the intention of the voter can be ascertained with reasonable certainty from his ballot, that intention will be given effect even though the ballot is not strictly in conformity with the law. . . . The legislature authorized the use of electronic-tabulating equipment to expedite the tabulating process and to eliminate the possibility of human error in the counting process, not to create a technical obstruction which defeats the rights of qualified voters." The Florida court last week quoted another passage from the Pullen vs. Mulligan decision that suggested that hanging chads should be counted and which seemed to imply that dimpled ballots should be considered: "Whatever the reason, where the intention of the voter can be fairly and satisfactorily ascertained, that intention should be given effect." Gore's camp was quick to claim that the Florida ruling allowed the counting of dimpled ballots. David Boies, Gore's lawyer, provided the Florida court with a misleading interpretation of the Illinois decision. Boies claimed that the Illinois court allowed the counting of dimpled ballots. A week ago late Tuesday night, Boies telephoned former Chicago Board of Elections chief Michael Lavelle and solicited an affidavit in support of dimpled ballots. Lavelle signed an affidavit to that effect and sent it to Gore's legal team. But as it turned out, Lavelle's memory was faulty. The reason that Boies desperately needed an affidavit is that the Illinois court disallowed dimpled ballots. Election officials could count hanging chads, according to the Illinois justices. But the Illinois high court upheld the ruling of Cook County Circuit Court Judge Francis Barth that indented ballots were invalid and could not be counted. There were 27 disputed ballots in the Pullen-Mulligan primary. Some of these were dimpled ballots that were disallowed by Barth. "The voters' intent could not be ascertained from visual inspection" of these ballots, the Illinois court said. According to the high court's ruling, "the remaining 19 votes should be disregarded, because the voters' intent cannot be reasonably ascertained." Eight ballots with hanging chads were allowed by Barth and upheld by the Supreme Court. But under guidelines set by the Illinois Supreme Court, Barth did not attempt to divine the intent of voters. He acted properly in counting hanging chads when voter intent could be ascertained with reasonable certainty. In its ruling, the Illinois court cited a Georgia decision that "where (a) voter fails to properly use the vote recorder by punching out the chad with the instrument provided, voter has disenfranchised himself with regard to that office." A senior Gore strategist told the New York Times last week that the Illinois precedent cited by the Florida court was a "home run" for the Gore camp. It was more like a foul ball that was counted as fair. If Boies had been more truthful, the Florida jurists might have set a different standard. The Florida high court made its ruling based on a precedent that never existed. "Half the truth," as Benjamin Franklin once noted, "is often a great lie." ========================================================================== This mailing list is for discussion of Clinton Administration Scandals. If you wish to unsubscribe from this mailing list, send electronic mail to [EMAIL PROTECTED] In the message body put: unsubscribe cas <A HREF="http://www.ctrl.org/">www.ctrl.org</A> DECLARATION & DISCLAIMER ========== CTRL is a discussion & informational exchange list. Proselytizing propagandic screeds are unwelcomed. Substance�not soap-boxing�please! 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