Monday, October 10, 2011

Bush v. Gore Redux (With 2 Updates)

In Election Year 2000, Al Gore won the national vote by a plurality of over 2 million votes cast. The Bush campaign won the not so great State of Flori-duh by a mere 531 votes - winning an Electoral College victory but making George Bush only the second president in history without a popular mandate. No other democracy in the free world counts votes quite like the United Reprobates of Amerika. Eleven years later, former Supreme Justice John Paul Stevens writes in his new memoir, Five Chiefs, that the Bush appeal to the United States Supreme Court was "frivolous" and should never have been granted (source):
He recalls bumping into Justice Stephen Breyer at a Christmas party and the two having a brief conversation about the Bush application to halt the recount by issuing a stay. "We agreed that the application was frivolous," he writes. "To secure a stay, a litigant must show that one is necessary to prevent a legally cognizable irreparable injury. Bush's attorneys had failed to make any such showing."
Imagine what the world would be like if the SCOTUS stayed away from politics … and let the election be decided in Flori-Duh after massive amounts of election rigging had come to light.**  If the vote count were reversed in the Florida Supreme Court, imagine a world with no George Bush! No Darth Cheney! No fungible Rumsfeld! No Bush tax cuts!  No decade of ruinous wars! And no economic meltdown!

**  Database Technologies (DBT) won a $4 million contract from the state of Florida to assist the Division of Elections in the removal of ineligible registrants from the voter file.  Ultimately 173,127 Floridians were identified as potentially ineligible to vote in the November 2000 election. Of those on the list, 57,746 were identified as convicted felons, which later proved to be false. The practice of felon disenfranchisement has resulted in the greater likelihood of minorities, especially African Americans – the ones most likely to vote Democrat - appearing erroneously on the Florida felon exclusion list.  For more commentary on election rigging, please read the comment thread below.

TUESDAY UPDATE:  If you believe Bush v. Gore was a freak historical anomaly, think again.  Republicans are determined to create a political monopoly and end democracy as we know it.  Slowly, methodically, bit by bit, they have been laying a foundation nationwide to disenfranchise voters, as this New York Times Editorial explains:
The Myth of Voter Fraud

It has been a record year for new legislation designed to make it harder for Democrats to vote — 19 laws and two executive actions in 14 states dominated by Republicans, according to a new study by the Brennan Center for Justice. As a result, more than five million eligible voters will have a harder time participating in the 2012 election.

Of course the Republicans passing these laws never acknowledge their real purpose, which is to turn away from the polls people who are more likely to vote Democratic, particularly the young, the poor, the elderly and minorities. They insist that laws requiring government identification cards to vote are only to protect the sanctity of the ballot from unscrupulous voters …
None of these explanations are true. There is almost no voting fraud in America. And none of the lawmakers who claim there is have ever been able to document any but the most isolated cases. The only reason Republicans are passing these laws is to give themselves a political edge by suppressing Democratic votes [my bold].
If you thought the stolen election of 2000 were bad enough – the one that gave us 8 disastrous years of Bush/Cheney – get ready for the Republican Reich.

WEDNESDAY UPDATE:  Is the hidden motive behind voter suppression driven solely by the ambitions of one party - to crush the opposition and dominate the national agenda? Or is there more? A political party is merely the public face of its backers in the pursuit of economic self-interest.  In this article, The Real Agenda Behind Voter Suppression, Donald Cohen offers this perspective:
In 1974 and 1975, the Conference Board, a mainstream business organization, held a set of strategic brainstorming meetings with groups of top business executives to understand these threats to free enterprise and begin to chart a course to fight back. They openly expressed their worries whether democracy, in the long run, was even compatible with capitalism. “One man, one vote has undermined the power of business in all capitalist countries since WWII. “ said one participant. Said another, “We need to question the system itself: one man, one vote” [my bold].
… which leads me to an academic question: If you can only have one, democracy or free enterprise but not both, which would you prefer? In my view, the Conference Board debate is a false dichotomy. Democracy and free enterprise are not mutually exclusive because eventually you will end up with neither. In a predatory world of business where the rules are written only by the most powerful, eventually the big fish will swallow the little fish, and all you will have left are lords and serfs.

10 comments:

  1. I remember that so vividly. I was living in Flori-Duh at the time. My sister and I worked for the Democratic Party and Al Gore, and we couldn't believe what was unfolding in front of our eyes. I was driving on Gulf Boulevard, Clearwater, on December 12, when I heard the news that the Supreme Court had made its decision.

    I knew that was the beginning of the end of democracy as we knew it. The political Supremes had appointed a man who did not win the election, and yes, the rest is abject history.

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  2. Carol Roberts (former Mayor of West Palm Beach, former County Commissioner, and member of the Palm Beach County Canvassing Board in 2000) is the person who made national headlines for leading the recount.

    Octopus is close to this story because Carol Roberts is a personal friend of mine; we served on the boards of several civic groups and charities. In 2006, Carol asked me to co-author a book of her recount experience. I declined the invitation due to other commitments, but I am familiar with the facts of the recount effort.

    In Palm Beach County, Roberts conducted a preliminary recount of 3,000 ballots representing 10% of the disputed total. Result: A net gain for Gore of 20% out of 30,000 votes. In Volusia County, there were 5,000 missing ballots. In the City of Jacksonville, 20,000 sample ballots mailed to constituents in minority districts did not match the actual ballot on Election Day.

    Had the recount taken place without interference from the SCOTUS, here are estimated statewide results: Fully punched chad (Gore by 115), any dimple or mark (Gore by 107), standard set by each county canvassing board (Gore by 171), … not counting court challenges on grounds of outright election fraud.

    In the weeks following Carol’s call for a recount, she received over 2,000 death threats and received 24/7 police protection.

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  3. What I remember most vividly is images of howling right-wing zombies swarming the area where the recount was taking place -- a real goon squad straight out of Hollywood horror films. Gore never stood a chance.

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  4. I think the movie "Recount" gave an acurate picture of the brown-shirts engaging in that act of treason, but I'm wondering where the cries of "activist judges" were. Perhaps, maybe, I wasn't listening.

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  5. Octo,

    Just a few notes:

    If a statewide recount had happened, Gore may have one. If the contested votes had been recounted, many people believe that Bush would have still won. I know some people report otherwise and I ready the numbers in the comment. Sandra Day O’Conner listed this as one of the factors that made her feel a little better about not ordering the recount. Justice Kennedy and Justice O’Conner, though conservative, by the time Bush v. Gore happened, were more liberal on the Supreme Court than Conservative. Kennedy and O’Conner are two conservative who are responsible for not rolling back 100 years of social progress. They have repeatedly stood against their allies when it was most needed.

    It so happened that the Supreme Court decision split perfectly along party lines. If the split would have favored Gore, the split along party lines still would have happened. Whether the recount took place had everything to do with ideology and nothing to do with law. Either way it went down, the other side would have considered the election stolen. It was mess. If you recount this, then you have to recount that and if you recount that, then you have to recount this also. It is not clear to me who rightfully won the election.

    I don’t feel the election was stolen. I do think it we should reform our system to more closely mirror rule by popular vote. I also think that a re-vote should have taken place in Florida, but I don’t think the Supreme Court could have legitimately ordered it. Ideally Jeb could have (if it did not violate any federal or state laws, and then the Supreme Court could have agreed to it, unless there is some Constitutional problem with this), but, of course, that was not about to happen.

    One of my favorite analyses is this, nonetheless: How The Grinch Stole The Election

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  6. Well, if the ballots really were that difficult to classify and in view of the widespread ballot suppression and general tilting of the results by republican election workers and the secretary of state there really could have been only one just course of action.

    We couldn't just have a new election for the state of Florida alone for obvious reasons. All fifty states should have been required to hold a second election. A special team of international election monitors would , of course, had to have watched every minutia of ballot handling across the state of Florida. I don't think Clinton would have caused a great deal of harm had he stayed in office until March 2001 or so.

    You don't have to be a political science/civics professor to know that the SCOTUS doesn't have the power to decide elections.

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  7. If only we could turn back the clock and reverse the Supreme Court decision. Sigh !!!

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  8. Darlene!

    Have you learned nothing from the Butterfly Effect (the movie)? How many movies is Hollywood going to have to make before people stop wanting to tamper with the timeline?!

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  9. Actually, I can't think of any legal or practical reason that the recount could not or should not have been done in Florida. The problem was with the ballot count in Florida, no other states were alleging hanging chads etc. so why put the entire nation through another vote? A recount was going to be lengthy but given that the issue was getting an accurate count to decide the presidential election it seems that however much time was needed should have been taken to complete the task. SCOTUS should have declined to hear the case and had absolutely no authority for interfering in the election process. Regardless of what SCOTUS alleges, its decision directly impacted the outcome of the election process. There is nothing in SCOTUS constitutional authority that allows for such interference. The appeal to the court may have been frivolous but the entertaining of that appeal was well beyond frivolous. We can't turn back the clock but we can work to ensue that this particular history does not repeat itself.

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  10. The Supremes should have ordered the Florida vote to be done over, at least in the contested counties. The squabbling and uncertainty went on for weeks. There was no reason, other than politics, that they didn't do that.

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