Gore v. Harris

773 So. 2d 524 (Fla. 2000) · Supreme Court of Florida · December 22, 2000 · No. SC00-2431

Summary

On remand from the United States Supreme Court's decision in Bush v. Gore, the Supreme Court of Florida held that Albert Gore Jr. and Joseph Lieberman could receive no relief in their challenge to Florida's presidential election results. The court concluded that the required statewide standards and procedures for a constitutionally valid manual recount could not be developed and implemented by the applicable deadline. Separate opinions discussed the right to vote, recount procedures, voting-system disparities, and potential reforms to Florida's Election Code.

Holdings

  1. The appellants could be afforded no relief because the recount ordered by the Florida Supreme Court could not proceed under constitutionally adequate procedures within the applicable deadline.
  2. The case was dismissed because no effective relief could be granted.

Questions Presented

  1. Whether the Florida Supreme Court could grant relief on remand after the United States Supreme Court held that the existing recount procedures violated equal protection.
  2. Whether a constitutionally adequate statewide manual recount could be developed and completed by the applicable December 12, 2000, deadline.

Disposition

dismissed

Cases Cited (13)

  • Bush v. Gore, 121 S. Ct. 525, 148 L. Ed. 2d 388 (2000)(followed)
  • Gore v. Harris, 772 So. 2d 1243 (Fla. 2000)(prior proceeding)
  • Palm Beach County Canvassing Board v. Harris, 772 So. 2d 1220 (Fla. 2000)(discussed)
  • Palm Beach County Canvassing Board v. Harris, 772 So. 2d 1273 (Fla. 2000)(discussed)
  • Bush v. Palm Beach County Canvassing Board, 121 S. Ct. 471, 148 L. Ed. 2d 366 (2000)(discussed)
  • Boardman v. Esteva, 323 So. 2d 259 (Fla. 1975)(followed)
  • Yick Wo v. Hopkins, 118 U.S. 356, 6 S. Ct. 1064, 30 L. Ed. 220 (1886)(followed)
  • Reynolds v. Sims, 377 U.S. 533, 84 S. Ct. 1362, 12 L. Ed. 2d 506 (1964)(followed)
  • Siegel v. LePore, 234 F.3d 1163 (11th Cir. 2000)(discussed)
  • Moore v. Ogilvie, 394 U.S. 814, 89 S. Ct. 1493, 23 L. Ed. 2d 1 (1969)(discussed)

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