Bush Files Lawsuit to Prevent Manual Recount in Fla.
Nov. 13, 2000 -- Following is an official complaint for injunctive relief filed by Florida registered voters and presidential candidate George W. Bush to the U.S. District Court for the Southern District of Florida to prevent the manual recount of votes in Florida. The text is printed in its entirety.
UNITED STATES DISTRICT COURTFOR THE SOUTHERN DISTRICT OF FLORIDA
NED L. SIEGEL, GEORGETTE SOSA, DOUGLAS, GONZALO DORTA, CARRETTA KING BUTLER, DALTON BRAY, JAMES S. HIGGINS, and ROGER D. COVERLY, as Florida registered voters,
And
GOVERNOR GEORGE W. BUSH and DICK CHENEY, as candidates for President and Vice President of the United States of America,
Plaintiffs,
Vs.
THERESA LePORE, CHARLES E. BURTON, CAROL ROBERTS, JANE CARROLL, SUZANNE GUNZBURGER, ROBERT LEE, DAVID LEAHY, LAWRENCE KING, JR., MIRIAM LEHR, MICHAEL McDERMOTT, ANN McFALL, and PAT NORTHY, in their official capacities as members of the County Canvassing Boards of Palm Beach, Miami-Dade, Broward and Volusia Counties, respectively,
Defendants.
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
Plaintiffs, by their counsel, seeking declaratory and injunctive relief against Defendants, state the following:
INTRODUCTION
1. This lawsuit is brought to preserve the integrity, consistency, equality, and finality of the most important civic action that Americans take: their votes in an election for the President of the United States. It is brought reluctantly, because the election of the President is properly left to the people, not the courts. But it is necessary because the current course of events threatens to undermine that democratic process.
2. The Constitution and laws of the United States and the laws of Florida prescribe a process for selecting electors of the President and Vice President of the United States. Pursuant to those requirements, the people cast their votes on November 7, 2000. The votes (other than the overseas absentee ballots) were counted in Florida and Governor George W. Bush and Dick Cheney won the most votes.
3. Because the margin was less than one-half of one percent, Florida law required an automatic recount. After completion of the automatic recount, Governor George W. Bush and Dick Cheney again received the most votes.
4. There is no allegation or evidence of voter fraud, or of coercion or corruption. There is thus no basis for further recounts.
5. Not content, however, with the results of the first and second counts, certain individuals and groups have now launched a series of legal and administrative actions to delay and ultimately attempt to change the electoral result. This action could nullify the first and second ballot counts and alter the results of those counts by means of a third round of manual counts. Those manual counts would not be universal, rather they would be limited to selected ballots in selected counties.
6. Though perhaps carried out with the best intentions, the manual counts would not be more accurate than the automated counts — indeed, they are less fair and accurate. Human error and individual subjectivity would replace precision machinery in tabulating millions of small marks and fragile hole punches. If this recount does not yield the desired result, perhaps another, in yet another county, might. Indeed, the process appears to permit repeated counts. And no uniform procedures or standards govern when or how it might happen.
7. The problems of inherent unreliability and subjectivity of manual counts are magnified in this case where the shifting of a few votes could determine the outcome of this Presidential election.
8. At some point, Florida voters — indeed all Americans — are entitled to certainty and finality. If enough human hand counts are conducted, with enough potential human error, the result could presumably change — and perhaps even change back. But the changed result would not be the most accurate result, simply the most recent one. The official count, on Election Day, yielded a final answer through a counting process that was untainted by fraud or misconduct. The official recount, two days later, confirmed that result.
9. Both counts have been by the most accurate means available. Further recounts, by human hand until the results are different, will not further the interests of the voters or of the nation. They will not further, but rather will undermine, the integrity of the election. This court’s intervention is necessary to protect the integrity of the constitutional process for selecting the President of the United States.