Bush mulls response to court setback

<b>Florida recounts continue; deadline set</b><br><br>TALLAHASSEE, Florida (CNN) -- Republican George W. Bush and his supporters today are considering their next move after a major setback in the disputed

Wednesday, November 22nd 2000, 12:00 am

By: News On 6

Florida recounts continue; deadline set

TALLAHASSEE, Florida (CNN) -- Republican George W. Bush and his supporters today are considering their next move after a major setback in the disputed presidential election. A unanimous ruling Tuesday night from the Florida Supreme Court allows the hand recounting of votes in three counties to continue at least through Sunday afternoon. (More on the ruling)

The high court, however, did not resolve the debate over thousands of contested votes, such as dimpled ballots, where punch-card holes were not pushed hard enough to make the chad fall off. That leaves it up to counties to decide a voter's intention.

Bush holds a 930-vote margin in official, but uncertified returns, but Democrat Al Gore has been whittling away at that as the recounts have unfolded in Democratic-leaning Broward, Palm Beach and Miami-Dade counties. (See box).

The state Supreme Court decision said Florida Secretary of State Katherine Harris must accept amended vote totals until Sunday at 5 p.m. -- if her office is open on Sunday -- or else Monday at 9 a.m.

Latest developments:
â€¢ Election officials in Miami-Dade County said that the only recounted votes they will add to their official tally will be 10,750 "undervotes" -- ballots rejected during the initial machine counts because the voter's choice was not clear.

â€¢ Democrats trying to help Gore gain hundreds of votes in the Palm Beach County recount are asking a judge this morning to broaden the definition of a valid ballot. Saying the county's ongoing hand count is excluding too many voters, the Democrats took their objections to Circuit Judge Jorge Labarga.

â€¢ Written arguments must be submitted to a Florida appeals court today on the question of whether Palm Beach County should have a revote. The appeal follows a ruling earlier this week from a state judge who said he didn't have the constitutional authority to order a countywide revote. Voters who say they found the county's ballot design confusing back the revote effort.

â€¢ Miami-Dade County resumed its recount today. It was not clear if the Sunday afternoon deadline meant election officials would scrap plans to let vote-counters have Thursday off for Thanksgiving, a U.S. holiday.

â€¢ With most of Broward County's recount already completed, work today focused on judging voter intent on contested ballots. Election officials said work might have to continue through the holiday weekend to make the Sunday deadline.

â€¢ Palm Beach County resumed vote counting today and election officials predicted they would meet the Sunday deadline.

â€¢ After losing in the Florida Supreme Court, the Bush campaign could appeal to the U.S. Supreme Court by arguing that hand counting the ballots in three counties violates the "equal protection" provision of the U.S. Constitution. The campaign has argued that selective manual counting means that all votes are not treated equally.

â€¢ It is possible that Florida's Republican-controlled legislature might intervene. Federal law permits the legislature to appoint electors -- the men and women who actually cast the ballots that select the president.

â€¢ A senior Bush adviser, speaking on condition of anonymity, said Republicans are likely to sue to reinstate rejected absentee ballots from members of the armed forces overseas, The Associated Press reported. The votes were disqualified after Democrats protested last week about lack of postmarks, but the Gore camp has since expressed a willingness to reconsider.

â€¢ Republicans on Tuesday pressed their case to reverse the disqualification of hundreds of absentee ballots from overseas military personnel, a move that could produce votes for Bush. Defense Secretary William Cohen, a Republican himself, was urged to ensure that ballots sent in by military personnel overseas were counted in the presidential election. ( More on the military ballot controversy)

â€¢ Sen. Bob Kerrey, D-Nebraska, a veteran of the Vietnam War, Tuesday called Republicans "irresponsible" for alleging that the Gore campaign is trying to keep military ballots from going into the Bush column. "If you have a legal case, bring it," Kerrey challenged Republicans.

â€¢ Florida Attorney General Bob Butterworth, a Gore ally, has asked county election officials in the state to reconsider military ballots that were rejected for late postmarks, postmarks from within the United States or lack of witness signatures.

â€¢ The White House said Tuesday that President Clinton directed his staff to do everything possible to help either Gore or Bush have a successful presidential transition despite a shortened period for it. (More on White House comments)

What's at stake
Gore narrowly leads in the nationwide popular vote and holds a slight edge over Bush in the all-important Electoral College tally. But neither candidate will reach the required 270 electoral votes to be declared the nation's 43rd president without Florida's 25 electors.

Gore's campaign hopes the full hand recounts in the three counties, where as many as 1.7 million ballots were cast, will add to his vote total.

CNN Miami Bureau Chief John Zarrella, CNN National Correspondents Mike Boettcher and Tony Clark, Correspondents Bill Hemmer, Eileen O'Connor, Jeff Flock, The Associated Press and Reuters contributed to this report, written by CNN.com Senior Writer Jim Morris.