Thursday, December 07, 2000

The 2000 Election Mr. Boies responded that the trial judge ``based his conclusions'' on errors of law, namely,
finding that a recount needed to be done statewide, rather than just in Palm Beach and
Miami-Dade Counties, as the Democrats want; that the canvassing board in Miami-Dade
County that stopped the recount had discretion to do so; and that Mr. Gore had to show a
``reasonable probability'' that the outcome of the election would change even before looking at
a ballot.

And that last issue, in fact, seemed to interest several of the justices most in questioning Mr.
Richard.

Justice Barbara J. Pariente questioned him closely on whether Judge Sauls should have
considered the disputed ballots, which are under lock and key at the courthouse in Tallahassee,
before ruling.

``Are you really saying the votes, the 9000 votes in Dade County ... should not be looked at
in contest action?'' she asked, a slight note of skepticism creeping into her voice.

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