HE UNITED STATES Supreme Court gave Texas Governor George W. Bush a victory yesterday in agreeing to hear his appeal of the Florida hand recounts, but in so doing it effectively muted the Bush campaign's strategy of ending this dispute with the certification of Florida's results, either tomorrow night or Monday morning.
There may come a time when Vice President Al Gore should concede an election that he would have won under other circumstances, but that time is not now. Indeed, there is still a possibility that Gore won the presidency under existing rules and that this will be demonstrated when the votes are counted as efficiently as time and the courts permit. In fairness to the 50 million Americans who voted for him, Gore cannot shortcircuit this possibility.
When Florida certifies the vote, state law allows either campaign to contest the results with the trial court. Bush has reason to contest the rejection of hundreds of overseas ballots. Gore has reason to contest the abrupt halt to the Miami-Dade recount; after all, he was recording a 157-vote gain at the time.
Bush has been seeking strict adherence to the law. This should include the contest process, which was liberalized just last year to allow court review even in cases where no fraud is alleged. Any contests that are filed can and should be handled promptly. It is of the utmost importance that Florida's representatives to the Electoral College reflect the voters' choice, not game-playing by state legislators.
The suggestion, meanwhile, that games are being played by the local vote canvassers is belied by their efforts hour after hour, in bipartisan teams watched by bipartisan observers. It is clearly a difficult process.
The disputed votes were cast using outdated mechanical systems that, under machine counting, produced an unreasonably large number of nonvotes for president. Often, the voter's intention is not absolutely clear. But the system's inventor said yesterday that faulty punctures are common and that indentation normally reflects an attempt to vote.
Thousands of citizens should not have their right to vote taken away by antiquated machines.
Many Americans are becoming nearly as exhausted as the county canvassers. But democracy often requires patience. The primary goal should still be to get it right. Under existing rules, this means ascertaining who got more votes in Florida, however narrowly.
There is clearly more time. The US Supreme Court yesterday signaled that it will spend at least a week and probably 10 days or more on the issue. Assuming contests are filed locally in Florida, officials there should use that time to advantage.
