Boies told UPI that Democrats would prefer a final tally include a count of as many ballots as possible from across the state, as ordered by the Florida Supreme Court Friday. But final tallies are due by 2 p.m. Sunday, and many counties have not even started their counts by mid-day Saturday.
On the other hand, the count of the Miami-Dade ballots – a predominantly Democratic district – is under way and likely to finish by the deadline. "They are clearly going to finish on time," Boise said. He also said Democrats may ask to certify the election based on that recount alone.
"We truly think you can," Boies said. "But nobody wants to do that."
Eight Leon County judges are conducting the hand count of the key 9,000 Miami-Dade ballots in the library here. While the judges sort the ballots out, any questionable ballots identified in the process are sent to Circuit Judge Terry Lewis.
Lewis will be the ultimate arbiter of the questionable ballots – and possibly the election itself – Democrats acknowledge, because Lewis will make the ultimate decision on "voter intent." In other words, Lewis will make the final decision on whether a dimple is a vote or only an indented chad on a ballot – and that could prove to be a key decision in the final election outcome if the Miami-Dade outcome is close and pivotal.
Boies told UPI that "nobody knows" exactly what criteria Lewis will use to make that decision.
The Leon County supervisor of elections, Ian Sacho, said, "The standard which will be used by the judges will be the standard announced by the Florida Supreme Court. The judges will be looking to discern the clear intention of the voters."
In the end, that decision could be up to Lewis.
Copyright 2000 by United Press International. All rights reserved.
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