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Florida Supreme Court turns tables on election finale

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TALLAHASSEE, Florida (CNN) -- Breathing new life into the presidential hopes of Democrat Al Gore, the Florida Supreme Court Friday issued a ruling that would immediately cut Republican George W. Bush's lead to 154 votes and ordered a manual recount of at least 43,432 "undervotes" around the state.

The ruling came on a 4-3 decision of the seven justices, all of whom were originally Democratic appointees. Included in the hand count would be about 9,000 disputed ballots from heavily Democratic Miami-Dade County which were never awarded to either candidate.

The new votes added to Gore's column include 215 from Palm Beach County and 168 from Miami-Dade that were not included in the final totals certified by the secretary of state November 26 that gave Bush a 537-vote victory margin.

Two of the dissenting justices voted against Gore's appeal on grounds it was too late. Chief Justice Charles Wells said the case has reached the point where "finality must take precedence over continued judicial process." "The margin of error in this election is far greater than the margin of victory, no matter who wins," Wells added, quoting a mathematics professor from Temple University. Another dissenter, Justice Major B. Harding, quoted legendary football coach Vince Lombardi who once said, "We didn't lose this game; we just ran out of time."

The Bush campaign planned to file an appeal likely to wind up before the U.S. Supreme Court. The first step was expected to be an emergency motion with the U.S. 11th Circuit Court of Appeals in Atlanta, which has twice rejected attempts by the Bush to halt recounts, but left the door open for further consideration.

As a result of Friday's ruling, Bush's lead would be cut to 154 votes statewide before any further recounting even begins in as many as 63 counties that recorded "undervotes."

"This is not just a victory for Al Gore and his millions of supporters, it is a victory for fairness and accountability and democracy itself," Campaign Manager William Daley said at the vice presidential residence in Washington. "Let the counting begin."

The counting could begin as early as Saturday morning, said Leon County Circuit Court Clerk Dave Lang, who already has a plan for 25 teams of counters -- nearly 200 people -- to work around the clock, if necessary on a hand count of the votes at issue.

The responsibility for conducting this process goes back to that court because the case originated by trial judge N. Sanders Sauls, who refused Monday to order the disputed ballots hand counted.

Three counties where there will be no further counting are Broward, Volusia and Palm Beach, which already have manually counted their undervotes.

The justices' decision recognized the urgency of the Gore campaign's plea with just days remaining until a deadline for the appointment of the state's 25 electors who will determine who becomes the nation's 43rd president.

"Because time is of the essence, the recount shall commence immediately," court spokesman Craig Waters said. "In tabulating what constitutes a legal vote, the standard to be used is the one provided by the legislature: A vote shall be counted where there is a clear indication of the intent of the voter."

The Gore campaign wanted hand counts of 14,000 disputed ballots in Miami-Dade and Palm Beach counties. Those ballots already have been transported to Tallahassee, along with all the other ballots counted from those two counties -- a total of 1.1 million.

The Miami-Dade Supervisor of Elections, David Leahy, said the county's canvassing board is ready to assist the court in any way.

"We await word from the court as to what assistance it will need to immediately count the undervotes belonging to Miami Dade county," he said.

Lawyers from the Gore campaign, watching the televised announcement together in a crowded room, erupted in cheers. The vice president called them on the phone almost immediately, congratulated them and said, "Let's get counting," according to CNN Correspondent Kate Snow.

Democratic leaders in Washington issued a statement praising the court's ruling.

"We are pleased the Florida Supreme Court has ruled in favor of a full, fair and accurate vote count," the statement from Sen. Tom Daschle, D-South Dakota, and Rep. Dick Gephardt, D-Missouri, said.

"We should respect the decision of the state's highest court, and continue to support the principle that in democracies, there are few more noble goals than counting every vote, and honoring the will of the people."

Sen. Asa Hutchinson, R-Arkansas, said the state Supreme Court's actions will force the state legislature to appoint electors. The two GOP-controlled houses convened in special session Friday for precisely that purpose.

"This split decision by Democrat, liberal, activists virtually compels the Florida legislature to now act to preserve the franchise of all Floridians," he said. "That is going to further inflame passions and drive us, move us to a crisis."

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