Gore v. Harris

772 So. 2d 1243 (2000)

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Gore v. Harris

Florida Supreme Court
772 So. 2d 1243 (2000)

Facts

In the November 2000 American presidential election, the Republican Party’s candidate was George W. Bush, and the Democratic Party’s candidate was Albert Gore (plaintiff). In Florida, Bush was the certified winner by 1,784 votes after the first count. The small margin triggered Florida’s statutory recount process. After a recount using voting machines, certified results showed Bush with an even smaller lead of 537 votes. Bush was declared the winner by the Florida Canvassing Commission (the commission), but Bush’s slim lead triggered a discretionary manual recount. In certain counties, Democrats asked for a manual recount of ballots, including ballots that could not be counted using voting machines. The counties agreed to conduct a recount. Florida Secretary of State Katherine Harris (defendant) declared that she would not accept the results of manual recounts past November 14. Gore sued Harris and other parties to contest Florida’s election results. Gore alleged that approximately 9,000 legal votes had not been counted in Miami-Dade County and requested remedial measures. The trial court denied relief. Gore appealed. On appeal, Harris argued that to the extent there were uncounted legal votes, any remedy would have to be statewide and not limited to one or more select counties.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

Dissent (Wells, C.J.)

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