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Buried truth of a flawed election

<http://www.msnbc.com/news/656430.asp>

Florida votes, media spins, and a troubled world turns

By Eric Alterman
MSNBC CONTRIBUTOR

NEW YORK, Nov. 12   You would never know it from the confused, pre-crash 
coverage in the nation's elite media Monday morning, but Al Gore beat 
George Bush in Florida by almost every vote-counting standard save the one 
that the Gore team managed to choose. This is consistent with the 
Democratic candidate's hapless campaign. The Supreme Court did not have to 
take the election away from Al Gore: he and his campaign gave it away 
themselves. And in doing so, they helped George W. Bush and his minions 
undermine American democracy.
MOST OF MONDAY'S headlines reporting the much-delayed results of the 
$900,000 study of more than 175,000 votes conducted for a consortium of 
eight news organizations by the University of Chicago's National Opinion 
Research Center (NORC) focus on the fact that when the Supreme Court issued 
its 5-4 decision handing the election to Bush  going so far as to 
reinterpret the law and refusing to allow its decision to be held as 
precedent  they were operating under a vote-counting scenario under which 
Bush would have prevailed. Indeed, Gore attorney David Boies, speaking 
before the court, explicitly ruled out a more inclusive recount of 
Florida's votes that not only would have elected his man, but would have 
been immeasurably more fair to the people of Florida who had a right to 
have their voices heard in determining their state's choice for president. 
Boies asked the Supreme Court to count "undervotes" but not "overvotes." 
Leave it to Al Gore to pick a legal team that fights tooth and nail against 
his best interests.
                          BURIED TRUTH
But buried beneath the deliberately misleading headlines on Monday is the 
inescapable fact that Al Gore was the genuine choice of a miniscule 
majority of Florida's voters as well as the victor by more than 540,000 
votes nationally. On the other hand, George Bush would have won a recount 
using the "undercount only" scenario and so the Supreme Court majority that 
labored so torturously to hand Bush his "victory" dishonored itself for 
nothing. Al Gore professed a public desire to have Florida "count all the 
votes," but he never instructed his lawyers to demand the recount of all 
votes in all 67 counties that would have revealed his victory. (The award 
for most egregious misrepresentation goes to CNN.com for its headline that 
the results "showed George Bush winning even with a statewide recount." It 
showed nothing of the sort.)
Gore would also have won if Florida had managed to include the 113,000 
ballots deemed to be spoiled by so-called "overvotes." Of these, more than 
75,000 chose Gore and a minor candidate and just 29,000 chose Bush. Common 
sense demands that we admit that most of these voters were not supporters 
of either Patrick Buchanan or the Socialist Workers' Party. Again, Gore is 
the winner here by a significant majority. Moreover many overvotes were 
entirely legal. They simply weren't counted because a voter may have 
punched in Gore's name AND written it down to be certain the counter got 
the message. Gore never asked that these votes be counted, either.
                          MORE VOTES FOR GORE
As the Associated Press report put it, "In the review of all the state's 
disputed ballots, Gore edged ahead under all six scenarios for counting all 
undervotes and overvotes statewide." In other words, he got more votes than 
George Bush. Gore won under a strict-counting scenario and he won under a 
loose-counting scenario. He won if you count "hanging chads" and he won if 
you counted a "dimpled chad." He won if you counted a dimpled chad only in 
the presence of another dimpled chad on the same ballot  the so-called 
"Palm Beach" standard. He even won if you counted only a fully-punched 
chad. He won if you counted partially filled oval on an optical scan and he 
won if you counted only a fully-filled optical scan. He won if you fairly 
counted the absentee ballots. No matter how you count it, if everyone who 
legally voted in Florida had had a chance to see their vote matter, Al Gore 
would be sitting in the Oval Office today.
Of course these facts are of only academic interest.  George Bush has been 
sworn in as president and the United States is at war and the media is not 
much interested in determining the democratic intent of the voters in an 
election already consigned to history. White House press secretary Ari 
Fleischer called the results "superfluous," adding, "The voters settled 
this election last fall, and the nation moved on a long time ago." Much of 
the national media apparently concurs. Indeed, they concurred even during 
the Florida recount. James A. Baker declared victory on behalf of his 
client, George W. Bush, on the basis of a faulty vote count and the media 
considered the rest of the story to be hardly more than wishful thinking 
and possibly self-hypnosis on the part of the Gore team. The narrative 
enjoyed a few interruptions of course, and required not only the Supreme 
Court to sustain it, but also what Paul Gigot of the Wall Street Journal 
termed a "bourgeois riot" by Republican operatives in Palm Beach county to 
shut down a vote that looked like it might go Gore's way. But it held.
                          PATRIOTIC DUTY?
One always had the impression that the major news outlets were reluctant to 
report the study in such a way that it injured Bush's shaky legitimacy. 
After Sept. 11, many seemed to feel it was their patriotic duty not to do 
anything to call into question the authority of the 
commander-in-chief.  New York Times political reporter Richard Berke 
admitted as much when he wrote in his newspaper shortly after the attack 
that the NORC report on Florida now seemed "utterly irrelevant" and, had it 
been released too close to the World Trade Center attacks, "might have 
stoked the partisan tensions."
Obviously, those worries were for naught. The horrific crash of the 
American Airlines jetliner in Queens today ensures that even this study 
will receive next to no attention.  But the ultimate price will not be 
insignificant. As recently as last week, according to the Gallup 
Organization, nearly half of Americans surveyed remain convinced that 
President Bush either "won on a technicality" or "stole the election." Even 
so, during the past year, the U.S. political system has produced virtually 
nothing to repair an antiquated election system that spends billions for 
advertising and almost nothing for accuracy. And in the election of --2000, 
it put the wrong man in the White House.
-------
Eric Alterman is a columnist for The Nation and a regular contributor to 
MSNBC.com. 


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