Bush tries to halt recount, court says no

by Ron Fournier
THE ASSOCIATED PRESS

The fight for the White House tumbled into the courts yesterday as a transfixed nation witnessed the historic entanglement of presidential politics and the judiciary. George W. Bush fought on two fronts to block recounts that threatened his 388-vote lead in Florida, while Al Gore said neither man should prevail from "a few votes cast in error."

Amid a whirlwind of political and legal maneuvers, Bush's lawyers sought a federal court order barring manual recounts in Florida - a state whose 25 electoral votes will almost certainly determine the nation's 43rd president. A federal judge rejected the request, and Bush was deciding whether to appeal.

Separately, the state's top elections official - a Republican who campaigned for Bush - said she would end the recounting at 5 p.m. Tuesday. "The process of counting and recounting the votes cast on Election Day must end," said Secretary of State Katherine Harris. Gore immediately appealed the ruling, making his first major legal push, and Bush joined the case on behalf of Harris.

"The vice president basically said we should ignore the law so he can overturn the results of this election," said Bush spokeswoman Karen Hughes.

As new vote totals dribbled in from scattered counties and recounts were under consideration in other close-voting states, Gore told reporters outside the White House, "I would not want to win the presidency by a few votes cast in error or misinterpreted or not counted, and I don't think Gov. Bush wants that either."

Bush made no public appearances at his Texas ranch yesterday. He did answer reporters' questions there on Saturday.

"While time is important, it is even more important that every vote is counted and counted accurately," the vice president said in his first remarks in five days on the improbably knotted race.

"What is at stake is more important than who wins the presidency," he said. "What is at stake is the integrity of our democracy."

Donald Middlebrooks, a federal judge appointed by President Clinton, predicted the struggle would continue past his rejection of the Republicans' recount injunction request. "I am not under an illusion I am the last word on this," he said, "and I am rather grateful for that."

He heard arguments in much the same terms the two sides have used in public statements since the Florida dispute flared in the hours after the polls closed last week.

"The process, to sum it up, is selective, standardless, subjective, unreliable and inherently biased," said GOP lawyer Theodore Olson.

Olson said the recount-by-hand introduced elements of chance and partisan bias to what ought to be a simple and uniform process of checking Florida's extraordinarily close election result.

Democratic lawyer Bruce Rogow said the hand count was - for better or worse - democracy in action.

"Is it messy? Does it go on and on in some fashion? Yes, yes it does, but that is democracy," he told the judge.

Rogow and other Democratic lawyers disputed GOP claims that the hand counts could go on for weeks, saying they will almost certainly be complete by Friday. Overseas absentee ballots are due the same day, setting the stage for a potential climax to the political drama.

The judge called the Republican arguments serious but turned them aside, saying it was a matter for the state, not federal, courts to decide.

A breathtaking day of activity began with a meeting between Harris and two top Gore advisers - former Secretary of State Warren Christopher and campaign chairman William Daley. Holding firm to the deadline today, Harris said state law does give her leeway for when to certify ballots - in natural disasters.

"A close election, regardless of the identity of the candidate, is not such a circumstance," she said.

It was a blow to Gore, who initiated recounts in four predominantly Democratic counties. Recounts are under way in at least two additional counties.

"We regard the action of the secretary of state to be arbitrary and unreasonable," Christopher said.

Within the hour, one of the four counties sued in state court for the right to complete its manual recount. Gore's lawyers joined the suit, accusing Harris of doing the bidding of Bush and his brother Jeb, the Florida governor. Bush's legal team joined in to defend Harris.

Christopher said the action "looks like a move in the direction of partisan politics and away from the nonpartisan" administration of election law.

Such politically charged rhetoric carried the day, with both sides struggling to control public opinion. Gore and Bush have been advised there may come a time, shortly after the absentee ballots are counted this weekend, when the trailing candidate needs to concede or risk fallout from a public growing weary of the saga.

Ever-changing voting figures in Florida gave Bush a 388-vote margin out of some 6 million votes cast. The figure does not count the absentee ballots from Floridians living overseas.

Gore leads in the nationwide popular vote by about 200,000 votes, but the Electoral College tally is so close that whoever takes Florida almost certainly will win the White House. Only three times in the nation's history has a candidate won the popular vote but lost the presidential race, the last time in 1888.

Neither side would acknowledge actively considering a quick exit.

If Bush fails to secure an injunction on appeal, his next step would be fateful. Senior strategists say Bush could seek recounts in some GOP-dominated Florida counties if the Gore-backed recounts and overseas balloting put him in danger of losing the lead.

Gore could face a similarly tough decision if he does not pull into the lead this week, advisers said. He has not ruled out a number of legal options, including filing suit on behalf of voters in Palm Beach County who say their ballots were confusing.

Bush's team also has threatened to demand recounts in close-voting states won by Gore. But without Florida, Bush would have to win Oregon, Iowa and Wisconsin to claim the White House - a long shot given that Gore is leading by 5,000 or more votes in all those states.

Not counting Florida, Bush carried 29 states for 246 electoral votes. Gore counted 19 states plus the District of Columbia for 262 electoral votes, with 270 needed for victory. Bush led in New Mexico but the state remained too close to call. Its five electoral votes would not be decisive.