HE FINAL STEP before a presidential inauguration - the actual counting of electoral votes - should be a formality and usually is. But in this tempestuous year it could become yet another matter of contention.
The right to challenge electors was established in 1887 legislation that expanded on provisions in Article II of the US Constitution and the 12th Amendment, which set up the electoral system. On those few occasions when it has been exercised, it has involved the action of isolated electors diverging from their states' popular vote - as when a North Carolina elector voted for George Wallace in 1969 rather than Richard Nixon, an action challenged but tolerated by a joint vote of House and Senate - perhaps because it made no difference in the outcome.
But this year, if a cloud remains over certification of the Florida electors, House or Senate members of Congress might issue such a challenge. That could jeopardize Florida's 25 electoral votes being counted at all, a dismal prospect with uncertain results. Some experts say this would give Al Gore the presidency because he leads by 267 to 246 electoral votes outside of Florida. Others say 270 votes would still be needed and the decision would be thrown into the House, where a party-line vote would elect Bush.
Any challenge to the Florida electors should be taken up quickly by the House and Senate, which meet separately. If they cannot agree, the state's own certification by its governor takes precedence. But this provision may apply only in cases where there have been two certifications, for example the 1960 election, when Hawaii's results were first awarded to Richard Nixon and then a second slate was certified when a subsequent recount awarded the victory there to John Kennedy. Much of the process is unchartered territory.
As unlikely as it may seem that a successful challenge will be launched - and as undesirable because of the corrosive impact it would have on public confidence in the ultimate outcome - it cannot be ruled out, given the intensity of the conflict to date. If it should occur, it would be up to those in Congress to put the national interest above partisanship and support the will of Florida voters, as best as they can determine it.
Election 2000 would be particularly flawed if the final resolution were based on a vote that excluded Florida.
