A newly released document shows how former SCOTUS Justice Sandra Day O'Connor played a greater role than previously known in Bush v. Gore, the 2000 case that handed the presidency to George W. Bush.
"I am concerned that the Florida Supreme Court transgressed the lines of authority drawn by Article II of the federal Constitution in substantially changing the state Legislature's statutory scheme for the appointment of presidential electors," O'Connor wrote.
"The Florida Supreme Court provided no uniform, statewide method for identifying and separating the undervotes," she noted, a reference to instances when voting machines could not read ballots.— Jocelyn Benson "Accordingly, there was no guarantee that those ballots deemed undervotes had not been previously tabulated," O'Connor asserted.
O'Connor noted that the Florida Legislature"has created a detailed, if not perfectly crafted statutory scheme that provides for the appointment of presidential electors by direct election," and that"the Legislature has designated the secretary of state as the 'chief election officer.'" Florida's secretary of state at the time, Katherine Harris, was not only a Republican, she also co-chaired Bush's campaign in the state. On November 26, 2000 HarrisBush the winner in Florida by 537 votes, even though there were counties still tallying ballots.
Ignoring this obvious conflict of interest, O'Connor said the Florida Supreme Court"disregarded the secretary of state's delegated duty to exercise her discretion to determine whether to accept the state's late returns" and whether a manual recount requested by Gore was warranted.
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New documents show how Sandra Day O'Connor helped George W. Bush win the 2000 election | CNN PoliticsJustice Sandra Day O'Connor provided the early framework that steered the outcome in the dispute over the 2000 presidential election and ensured George W. Bush would win the White House over Al Gore, Supreme Court documents released on Tuesday show.
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