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I Got Dem Ol’ Ballot-Tallying Blues Again, Mama

August 4, 2012 Leave a comment

Was it really only twelve years ago this November when the eyes of the world were focused on one state, when just a few hundred votes separated the two men vying to be the leader of the free world? I remember it so vividly, the drama, the political machinations and partisanship, the sense that Election Day snafus or faulty tabulation had denied the true intent of the voters in that crucial state.

I am, of course, talking about my new home, the great state of New Mexico.

Damn these punch cards…

What’s that you say? Didn’t another state dominate the news in the weeks after the 2000 election? Hmm, I suppose Florida was the focal point of all the post-election hijinks. But New Mexico actually had a closer vote tally: Gore won there by less than 400 votes, while Bush took Florida—theoretically—by 537. Of course, a few million more votes were cast there, and Florida’s 25 electoral votes were a wee bit more important in deciding the election than New Mexico’s measly five. Still, for a time, the unsettled results in both New Mexico and Oregon were mentioned in the same breath as Florida’s disputed outcome, and it wasn’t until December that the Bush team publicly announced it would not seek a statewide recount in NM (something, of course, it fought tooth and nail in Florida; hell, Bush didn’t even want the manual recount in four counties).

Still gotta wonder how things might have been under President Gore…

Why is the 2000 election debacle on my brain? Probably because I just finished a book on it–for a client who informed me this week it is ceasing publication of all books, this one will most likely never see the light of day, and my getting my second payment for it is not a done deal. Given all that, I might be tempted to post the whole thing online, because I think it was a pretty good book, if I say so myself.

And because, as much as Antonin “Funny Man” Scalia exhorts us all to “get over it” (it being specifically the SCOTUS decision that ended the recount and left legal scholars from all over the political spectrum gape-mouthed), immersing myself in the details of what went on in the 36 days after Election Day (and various vote-stifling efforts before and during it) leaves no doubt that if voter intent were truly discerned, as Florida’s law calls for, Gore won Florida and the election.

I know, I know, the usually mild-mannered History Nerd is opening up a can of really big and disgusting worms here; let me say right off the bat that I’m not going to engage in any online debates with people who disagree. It’s an opinion, though one based on a lot of reading of what went down. And as one lawyer (a pro-Gore lawyer) said in 2002, “There is no neutral view…of Bush v. Gore.” Hell, even Sandra Day O’Connor, who was in the 5-4 Republican majority that halted the recount, said she wasn’t sure if they made the right decision.

But John Paul Stevens, a dissenter, was completely sure of this: The Court never should have issued a stay of the recount in the first place and heard Bush v. Gore. “There just obviously wasn’t any irreparable injury to allowing a recount to go through because the worst that happens is you get a more accurate count of the votes.”

Yup, just your typical spontaneous protest of disgruntled local voters…

Reading about all the legal maneuvering that went on after November 7, rediscovering the nuances of hanging and dimpled chads and the flawed butterfly ballot, learning for the first time about the Brooks Brothers riot and the steps Bush was taking even before the election to sway public opinion if things didn’t go his way—it set my mind a-spinnin’.

But perhaps even worse was realizing that even after states got rid of error-prone voting machines (though in some cases replaced them with machines susceptible to hacking and that left no paper trail) and Congress passed the Help America Vote Act (which some Republicans are now trying to hamstring by defunding the Election Assistance Commission the law created), the election process in this country is AFU.

Adding to the problem: The two parties have diametrically opposing views (quelle surprise!) about voting. Republicans, in the face of almost non-existent fraud, want to make it harder for people to register and vote, which several studies have shown will potentially drive down the votes of certain constituencies that tend to vote Democratic. Democrats believe everyone who is legally eligible to vote should be able to, with of course some safeguards to prevent fraud (voter ID–good; government-issued photo  IDs–not so much). Yes, yes, I’m partisan, but which one sounds like the definition of “participatory democracy” most people would prefer?

We know that the 2000 election was followed by another fairly close contest, with Ohio being the deciding state. The popular-vote contest there was not a nail-biter, though more than one person thought some shenanigans (deliberately creating long lines at polling places in poor, urban, traditionally Democratic areas; possible rigging of machines) helped give Bush that large margin. And once again, though under the radar, New Mexico seemed to have some voting irregularities of its own (and compared to Ohio, its vote was fairly close: Bush won by about 6,000 votes). A study conducted by Help America Recount.org showed that the state had a high percentage of presidential undervotes (no vote recorded) on a certain type of voting machine. Some areas also had high tallies of “phantom votes,” meaning more votes recorded than ballots cast.

By 2008, New Mexico had passed a law that required an automatic recount in close elections, though the issue was moot that year, as Obama swamped McCain in the state. In general, Obama’s comfortable margin across the country didn’t raise the specter of 2000 and 2004. But what will happen this year? Could another close election be decided by court battles and inaccurate counting of votes? Sadly, yes. We’ve already seen Florida trying another voter purge that has raised questions, as the one in 1999-2000 did. We have tough voter ID laws in place that will suppress some Democratic votes. And most damaging of all to the voting process, we have too many partisan officials, from secretaries of state to county canvassing board members, overseeing elections and the counting of votes. Whichever party you belong to, how good would you feel about a partisan from the opposing party deciding the outcome of a tight election?

The 2000 presidential race showed that the idea of one person, one vote—and then having that vote counted properly—is an ideal not being practiced. And that’s one reason why we shouldn’t just “get over” the results of Bush v. Gore and the Florida recount.

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