dictionary

Judge finds Harris acted with discretion in rejecting manual recounts

Leon County Circuit Court administrator Terre Cass reads a ruling Friday by Circuit Judge Terry Lewis in Tallahassee, Florida

By Raju Chebium
CNN.com Correspondent

WASHINGTON (CNN) -- A Florida judge on Friday ruled that the state's top elections official "exercised her reasoned judgment" in deciding to reject manual vote recounts filed after a November 14 deadline.

The ruling by Leon County Circuit Judge Terry Lewis, a Democrat, marks an apparent legal victory for Republican presidential hopeful George W. Bush, who leads Democrat Al Gore by 300 votes excluding absentee ballots, due Friday.

The Gore campaign sued Florida Secretary of State Katherine Harris, a Republican, on Thursday, alleging that she violated Lewis' November 14 order requiring her to use "discretion" in deciding whether to accept votes recounted by hand.

WHO'S WHO Who's who in the election recount   ALSO Challenge to Florida's November 14 deadline for election certification McDermott v. Harris

LEGAL RESOURCES Latest Legal News Law Library FindLaw Consumer Center Select a topic Bankruptcy Discrimination Divorce Estate Planning Landlord-Tenant Personal Injury Taxes

Essentially, his earlier order said Harris could not reject manual recounts just because they are filed after the November 14 deadline to certify 6 million nonabsentee ballots cast in Florida on Election Day.

Rejecting Gore's claims, Lewis ruled Friday that Harris seemed to have exercised the discretion sufficient under state law. He noted that state law gives Harris "broad discretionary authority" to accept or reject vote totals filed after the deadline.

"The Plaintiffs assert that she has acted arbitrarily in deciding to ignore amended returns from counties conducting manual recounts. I disagree," Lewis ruled. "On the limited evidence presented, it appears the secretary has exercised her reasoned judgement to determine what relevant factors and criteria should be considered."

Reactions to the ruling

Former U.S. Secretary of State James Baker, the Bush campaign's observer in Florida, applauded the decision, telling reporters in Tallahassee that Bush and running mate Dick Cheney are "understandably pleased."

"The rule of law has prevailed. The court applied the rule of law objectively and fairly," Baker said.

He said the Bush camp now wants the state to finish counting the absentee ballots, due Friday, to determine who won the close presidential contest in Florida. The winner of the state's 25 electoral votes will likely occupy the White House come January 20.

The Gore campaign did not have an immediate reaction to Lewis' order. Gore and his legal team were said to be deciding what steps to take next.

Meanwhile, the hand recounting of ballots continued in Palm Beach and Broward counties Friday, one day after the Florida Supreme Court allowed manual recounting to proceed.

But it remained unclear whether recounted totals would figure into the final tally of the statewide ballot because Lewis' ruling paves the way for final certification this weekend. And manual recounts will not be completed by then.

In a related matter, a Palm Beach judge was hearing arguments Friday whether the "butterfly" ballot used in the county was unconstitutional and if so, if a new countywide vote is required in the Democratic stronghold.

Many Palm Beach voters said the confusing ballot caused them to vote for Reform Party candidate Patrick Buchanan when they meant to vote for Gore.

Gore camp says Harris abused discretion

Gore's legal team asked Lewis on Thursday to rule that Harris, a Republican who actively campaigned for Bush, arbitrarily refused to accept hand recounts of Florida's presidential ballots in some counties despite Lewis' order to the contrary.

Gore's side also asked Lewis to nullify the November 14 certification of the statewide ballot excluding absentee votes, allow counties to continue manual recounts and to ask Harris to hold off on final certification after counties submit recounts.

Rejecting the claims from Gore and other plaintiffs, lawyers for Harris and Bush argued that Harris clearly articulated why manual recount totals were unacceptable, thus complying with the prior court order and state law.

They also said a ruling siding with the Gore camp would inject the judiciary into the process of administering the election process, a job that belongs to the executive and legislative branches of Florida government.

Judge rules Florida Secretary of State did not abuse her discretion in denying recount
November 16, 2000
Florida Supreme Court asked to wade into presidential contest
November 15, 2000
Vote recount must continue past deadline, Gore camp says
November 14, 2000
With Florida court action reaching critical mass, a compromise may be in works
November 14, 2000
Judge grants injunction to freeze Palm Beach vote certification
November 10, 2000
Florida law provides variety of cures for problem elections
November 9, 2000
Reno says Justice Department keeping an eye on Florida election November 9, 2000
Justice Department discusses Florida election
November 8, 2000
Election Day allegations could form basis for legal challenges, experts say
November 8, 2000
Electoral win not a guarantee, no matter what happens in Florida
November 8, 2000

Florida State Courts
Opinions of the Supreme Court of Florida - Provided by the University of Florida Levin College of Law
Florida Attorney General Web site
Florida law: Electors and elections
Florida law: Conducting elections and ascertaining the results

Note: Pages will open in a new browser window

External sites are not endorsed by CNN Interactive.