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[05-01-02 10:02:37] PAGES PGT: OPIN
Cite as: 531 U. S. 98 (2000)
127
Stevens, J., dissenting
soning, the appropriate course of action would be to remand
to allow more specific procedures for implementing the legislature’s uniform general standard to be established.
In the interest of finality, however, the majority effectively
orders the disenfranchisement of an unknown number of voters whose ballots reveal their intent—and are therefore legal
votes under state law—but were for some reason rejected
by ballot-counting machines. It does so on the basis of the
deadlines set forth in Title 3 of the United States Code.
Ante, at 110. But, as I have already noted, those provisions
merely provide rules of decision for Congress to follow when
selecting among conflicting slates of electors. Supra, at 124.
They do not prohibit a State from counting what the majority concedes to be legal votes until a bona fide winner is
determined. Indeed, in 1960, Hawaii appointed two slates
of electors and Congress chose to count the one appointed
on January 4, 1961, well after the Title 3 deadlines. See
Josephson & Ross, Repairing the Electoral College, 22 J.
Legis. 145, 166, n. 154 (1996).5 Thus, nothing prevents the
majority, even if it properly found an equal protection violation, from ordering relief appropriate to remedy that violation without depriving Florida voters of their right to have
their votes counted. As the majority notes, “[a] desire for
speed is not a general excuse for ignoring equal protection
guarantees.” Ante, at 108.
Finally, neither in this case, nor in its earlier opinion in
Palm Beach County Canvassing Bd. v. Harris, 772 So. 2d
1220 (2000), did the Florida Supreme Court make any sub5
Republican electors were certified by the Acting Governor on November 28, 1960. A recount was ordered to begin on December 13, 1960.
Both Democratic and Republican electors met on the appointed day to cast
their votes. On January 4, 1961, the newly elected Governor certified
the Democratic electors. The certification was received by Congress on
January 6, the day the electoral votes were counted. Josephson & Ross,
22 J. Legis., at 166, n. 154.