Text of the Bush campaign's request for a court order blocking the manual recount in Florida:
INTRODUCTION
1. This lawsuit is brought to preserve the integrity, consistency, equality, and finality of the most important civic action that Americans take; their votes in election of the President of the United States. It is brought reluctantly, because the election of the President is properly left to the people, not the courts. But it is necessary because the current course of events threaten to undermine the democratic process.
2. The Constitution and laws of the United States and the laws of Florida prescribe a process for selecting electors of the President and Vice President of the United States. Pursuant to those requirements, the people cast their votes on November 7, 2000. The votes (other than the overseas absentee ballots) were counted in Florida and Governor George W. Bush and Dick Cheney received the most votes.
3. Because the margin was less that one-half of one percent, Florida law required an automatic recount. After completion of this automatic recount, Governor George W. Bush and Dick Cheney again received the most votes.
4. There is no allegation or evidence of voter fraud, or of coercion or corruption. There is thus no basis for further recounts.
5. Not content, however, with the results of the first and second counts, certain individuals and groups have now launched a series of legal and administrative actions to delay and ultimately attempt to change the electoral result. This action could nullify the first and second ballot counts and alter the results of those counts by means of a third round of manual counts. Those manual counts would not be universal, rather they would be limited to selected ballots in selected counties.
6. Though perhaps carried out with the best intentions, the manual counts would not be more accurate than the automated counts - indeed, they are less fair and accurate. Human error and individual subjectivity would replace precise machinery in tabulating millions of small marks and fragile hole punches. If this recount does not yield the desired result, perhaps another, in yet another county, might. Indeed, the process appears to permit repeated counts. And no uniform procedures or standards govern when or how it might happen.
7. The problems of inherent unreliability and subjectivity of manual counts are magnified in this case where the shifting of a few votes could determine the outcome of this Presidential election.
8. At some point, Florida voters - indeed all Americans - are entitled to certainty and finality. If enough human hand counts are conducted, with enough potential human error, the result could presumably change- and perhaps even change back. But the changed result would not be the most accurate result, simply the most recent one. The official count, on Election Day, yielded a final answer through a counting process that was untainted by fraud or misconduct. The official recount, two days later, confirmed that result.
9. Both counts have been by the most accurate means available. Further recounts, by human hand until the results are different, will not further the interests of the voters or of the nation. They will not further, but rather will undermine, the integrity of the election. This court's intervention is necessary to protect the integrity of the constitutional process for selecting the President of the United States.
PRELIMINARY STATEMENT
10. This is a civil action for declaratory and injunctive relief under the First and Fourteenth Amendments to the United States Constitution, and 42 U.S.C. 1983. This action seeks to prevent further and needless recounts of the ballots in the statewide election of November 7, 2000 and to require the certification and release of the twice-counted vote italics. Absent showing of fraud, corruption, or coercion in the voting process by Defendants, such remedies should be ordered to avoid the debasement of Plaintiffs' votes and the voting process in the State of Florida.
JURISDICTION AND VENUE
11. This is a civil action for declaratory and injunctive relief under Section 1 of the Civil Rights Act of 1871, 17 Stat. 13, 42 U.S.C. 1983, and the First and Fourteenth Amendments to the United States Constitution.
12. The jurisdiction of this Court is based on 28 U.S.C. 1331 and 1343.
13. Venue is proper in this Court because at least one of the Defendants resides within the Southern District of Florida and all of the Defendants reside within the State of Florida. 28 U.S.C. 1391 (b).
PARTIES
14. Plaintiffs Governor George W. Bush and Dick Cheney are the Republican candidates for President and Vice President of the United States. Plaintiffs Bush and Cheney have a substantial constitutional interest in having the votes certified and released without further delay, as Defendants' decision to permit further recounts violate the due process rights of Governor George W. Bush and Dick Cheney.
15. Plaintiff Ned L. Siegel is a resident of Palm Beach County, Florida, and is a registered voter in Florida. In the general election on Tuesday, November 7, 2000, Plaintiff Siegel sought to cast his ballot for Governor George W. Bush for President of the United States and Dick Cheney as Vice President of the United States.
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