531US1
110
Unit: $$U9
[05-01-02 10:02:37] PAGES PGT: OPIN
BUSH v. GORE
Per Curiam
addressed, although Chief Justice Wells called attention to
the concern in his dissenting opinion. See 772 So. 2d, at
1264, n. 26.
Upon due consideration of the difficulties identified to
this point, it is obvious that the recount cannot be conducted
in compliance with the requirements of equal protection
and due process without substantial additional work. It
would require not only the adoption (after opportunity for
argument) of adequate statewide standards for determining
what is a legal vote, and practicable procedures to implement them, but also orderly judicial review of any disputed
matters that might arise. In addition, the Secretary has
advised that the recount of only a portion of the ballots requires that the vote tabulation equipment be used to screen
out undervotes, a function for which the machines were
not designed. If a recount of overvotes were also required,
perhaps even a second screening would be necessary. Use
of the equipment for this purpose, and any new software
developed for it, would have to be evaluated for accuracy
by the Secretary, as required by Fla. Stat. Ann. § 101.015
(Supp. 2001).
The Supreme Court of Florida has said that the legislature intended the State’s electors to “participat[e] fully in
the federal electoral process,” as provided in 3 U. S. C. § 5.
772 So. 2d, at 1289; see also Palm Beach County Canvassing Bd. v. Harris, 772 So. 2d 1220, 1237 (Fla. 2000). That
statute, in turn, requires that any controversy or contest
that is designed to lead to a conclusive selection of electors
be completed by December 12. That date is upon us, and
there is no recount procedure in place under the State
Supreme Court’s order that comports with minimal constitutional standards. Because it is evident that any recount
seeking to meet the December 12 date will be unconstitutional for the reasons we have discussed, we reverse the
judgment of the Supreme Court of Florida ordering a recount to proceed.