Up the legal ladder

Boston Globe editorial, 11/16/2000

T IS REGRETTABLE that the Florida ballot controversy had to go to the Florida Supreme Court and the US Appeals Court in Atlanta. However, if judges are to be the ultimate arbiters of the case, they ought to decide in favor of the most accurate tally possible of the presidential vote in Florida, even if that means a recount, by hand, of the entire state.

This is an essentially political dispute that should not require adjudication by the courts. Vice President Al Gore and Governor George W. Bush still have the time to withdraw their lawsuits and come to an agreement that would provide for hand recounts of selected counties or of the state. Gore took the high road last night when he offered to abide by either of those alternatives. Bush lost credibility when he said later that hand counts are ''arbitrary and chaotic,'' contradicting his earlier assertion that ''every single vote'' should count.

Hand recounts in Volusia County resulted in a swing of 98 votes for Gore, while a sample recount of one percent of the precincts in Miami-Dade County resulted in six more votes for the vice president. Katherine Harris, the Florida secretary of state, was unreasonable when she contended last night that machine recounts of the nearly 6 million voters suffice when the presidency of the United States hinges on a 300-vote plurality for Bush.

Volusia and Miami-Dade are both predominantly Democratic counties, and the vice president would be expected to have the edge in any recount. The new vote totals, however, provide evidence of a great weakness of the Florida election system - its reliance on punch-card ballots.

Neither side is blameless in the continued escalation of the controversy. The Republicans, by their insistence on adhering to recounts that merely involve tabulations by machine, have yet to show that their position is motivated by anything more noble than ambition for the White House. All the information generated over the past week suggests that the punch card system is prone to undercounts. To get the best possible tally, human beings need to replace machines.

The Democrats, by confining their hand recount requests to four counties where Gore did well, are not advocating for the best possible outcome. The Florida Supreme Court seemed to support hand recounts yesterday, but counties that favored Bush need to be included as well to ensure a representative tally.

National acceptance that the vote was fair will become important on Jan. 20, when a new president takes office with a divided Congress and a limited mandate. If the candidates really want to govern, and not just win, they will go for a hand recount that mirrors the Florida electorate. This is the way to gain legitimacy for a successful four years in the White House.