EST PALM BEACH, Fla. - It could be an unprecedented ruling. Never before has a judge ordered voters to hold a new presidential election, even among a half-million residents in a single county.
With the stakes so high and the number of votes separating George W. Bush and Al Gore so few, Circuit Court Judge Jorge Labarga of Palm Beach County could rule as soon as Monday on whether it is within his authority to order a revote here.
''The right to vote is precious to me,'' he said. ''If I rule that the Constitution does not allow for a new election it will be the most difficult decision of my life.''
As scores of county employees pored over piles of punch cards a few miles away in the county's Emergency Operations Center, Labarga heard more than a dozen lawyers and residents argue in favor of a new election in Palm Beach County.
The ''butterfly'' ballots caused a furor among Democrats who allege that thousands of votes meant for Gore were mistakenly cast for Patrick J. Buchanan. The Reform Party candidate received three times the number of votes in Palm Beach than any other Florida county, many from black and Jewish precincts - unlikely constituencies for Buchanan.
''If there's a question about whether a vote reflects the will of the people, a court must void the election,'' argued Gary Farmer, representing the plaintiffs. ''A new vote is the only remedy.''
A lawyer representing the Bush campaign, Barry Richard, said Labarga does not have the authority to order a new vote. The only body invested with such power is the state Legislature, he said.
''I know of no place in Florida statute where a court is provided with such broad powers,'' Richard argued over a speaker phone. ''The law lays out the limited power of the judicial branch. ... There is not a whisper of a suggestion that any court has any voice in this process.''
Lawyers representing the plaintiffs disagreed. They pointed to a 1998 ruling by Florida's Supreme Court that affirmed judges' rights to nullify an election if they find that the voting process doesn't comply with state law, even if no fraud or intentional wrongdoing is found. A new vote is required if the original vote does not adequately represent the will of the people.
''The right to vote is among the most important rights in a democracy,'' argued Gregory Barnhart, a lawyer representing the Florida Democratic Party. ''But the right to vote is meaningless if the vote is not tallied. Courts have thrown out election after election if they have found them tainted or illegal.''
Another lawyer for the plaintiffs, Barry Silver, said this is a case of insult on top of injury. ''Worse than the loss of the right to vote,'' he said, ''is having your vote going to someone you detest.''
In the operations center where the manual recount was underway, the county seemed to be lagging in its goal of finishing the tally in six days. After two days of labor, barely one-tenth of the work was done.
''Some of the Republicans are challenging just to challenge,'' complained Charles Anderson of Loxahatchee, Fla., one of 100 vote-counters hired at $7.50 an hour.
At one point, Canvassing Board chairman Charles Burton admonished the vote-counting teams not to get mired in petty squabbling.
''If you have a problem, say `Stop' and let us deal with it,'' he said. ''Don't argue. If partisan observers say `questionable,' just put it in `questionable.' Don't feel insulted, don't feel offended. No comments or facial expressions.''
Tensions peaked at about 2 a.m. when a counter dropped about 20 ballots on the floor. A Republican observer reportedly shouted, ''Don't touch them!''
Republicans complained that some of the ballots had been stepped on and several of the chads had fallen out.
''We're going to go ahead until an appellate court tells us to stop,'' Burton said. ''We need to pick up the pace a little bit, but every time someone coughs or sneezes, there's another lawsuit.''
Information from The Miami Herald was used in this report
