Following are some questions and answers on yesterday's developments in the disputed Florida election.
Q. Why did George W. Bush appeal the case to the US Supreme Court?
A.After losing in the Florida Supreme Court Tuesday, the Bush campaign faces a real danger that manual recounts in heavily Democratic south Florida counties could turn up enough votes for Gore to award the Democrats victory in the state and thus the White House. The GOP wants to stop the hand counts or have the results invalidated.
Q. On what ground is the Bush campaign basing its appeal?
A.Bush's lawyers argue that having manual recounts in some counties and not others fails to meet the US Constitution's requirement of equal protection under the law and due process. Bush also contends that the Florida Supreme Court is changing the rules after an election and that it did not have the authority to make so broad a ruling in an area, election procedures, reserved by federal law for the legislative branch.
Q. Will the US Supreme Court take the case?
A.The Florida Supreme Court's opinion is focused on state law and not federal issues, making it more difficult for Bush's lawyers to convince the US Supreme Court that it should agree to hear the case. Yet the Supreme Court has great discretion, and the urgent national interests involved in the matter might persuade the justices to weigh in. Seven of the nine justices were appointed by Republican presidents.
Q. What could the Supreme Court do?
A.It could affirm the decision of the Florida Supreme Court. It could simply not take the case and let the recounts go on. It could refer the case to the 11th Circuit US Court of Appeals in Atlanta, a lower court, for hearings. It could issue an injunction to stop the recounts pending a hearing. It could overturn the Florida Supreme Court's decision and halt the recounts.
Q. What unexpected problems did the Democrats encounter with the recount process?
A.Under the Florida Supreme Court decision, the Gore campaign faces a Sunday evening deadline for recounts to be completed. Gore's team was stunned when election officials in heavily Democratic Miami-Dade County concluded that they did not have enough time to conduct an accurate recount and so would not recount any votes at all. Gore's lawyers quickly tried to overturn that decision in local courts, but last night the state Court of Appeals upheld Miami-Dade's decision. The Gore campaign says it will appeal to the Florida Supreme Court.
Q. Without a recount in Miami-Dade, can the Gore camp pick up enough votes to catch and pass Bush?
A.It is possible, but difficult, Gore insiders believe.
Q. Was that the only legal tussle the Gore team had yesterday?
A. No, the Gore campaign scored a victory in Palm Beach County later in the day. The Gore team wants the local canvassing boards to use broad standards when interpreting whether a voter intended to vote for a candidate but somehow failed to operate the voting machine correctly. A judge in Palm Beach County agreed, and officials there will now reexamine a pile of several thousand ''dimpled'' ballots - voting cards that were punched but not perforated - that had been set aside, pending the decision.
Q. Who are the lawmakers who want to take the election into their own hands?
A.Republicans in the Florida Legislature hope to take advantage of a century-old federal law that gives state legislatures the option of naming a state's electors if, for some reason, the election process fails and the deadline nears for reporting a state's votes to the Electoral College. Republican members of Congress, meanwhile, are threatening to challenge Florida's electors if they are ultimately awarded to Gore.
Q. When might the Florida Legislature act?
A.Soon, but not immediately. The Legislature's leaders passed up an opportunity to call a special session this weekend and are consulting with constitutional experts and the Bush campaign to identify the best political and legal timing before taking action.
Q. When would the Republicans in Congress act?
A.When Congress convenes in early January, its members have the right to challenge the electors of various states. Some Republican leaders are threatenting to challenge Florida's votes if they are given to Gore. However, it takes a vote of both the Senate and the House to sustain a challenge, and Republican control of the Senate is not assured.
Q. If, as now seems unlikely, Cheney decides he cannot serve for health reasons, how would Bush choose a replacement?
A.Until such time as he is elected vice president by the Electoral College, Cheney can be replaced by the Republican presidential nominee with the consent of the Republican Party.
