531US1
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[05-01-02 10:02:37] PAGES PGT: OPIN
Cite as: 531 U. S. 98 (2000)
131
Souter, J., dissenting
acter of a statute within the meaning of the Constitution.
Brief for Petitioner in Bush v. Palm Beach County Canvassing Bd., O. T. 2000, No. 00–836, p. 48, n. 22. What Bush does
argue, as I understand the contention, is that the interpretation of § 102.168 was so unreasonable as to transcend the accepted bounds of statutory interpretation, to the point of
being a nonjudicial act and producing new law untethered to
the legislative Act in question.
The starting point for evaluating the claim that the
Florida Supreme Court’s interpretation effectively rewrote
§ 102.168 must be the language of the provision on which
Gore relies to show his right to raise this contest: that the
previously certified result in Bush’s favor was produced by
“rejection of a number of legal votes sufficient to change
or place in doubt the result of the election.” Fla. Stat. Ann.
§ 102.168(3)(c) (Supp. 2001). None of the state court’s interpretations is unreasonable to the point of displacing the legislative enactment quoted. As I will note below, other interpretations were of course possible, and some might have
been better than those adopted by the Florida court’s majority; the two dissents from the majority opinion of that court
and various briefs submitted to us set out alternatives. But
the majority view is in each instance within the bounds of
reasonable interpretation, and the law as declared is consistent with Article II.
1. The statute does not define a “legal vote,” the rejection
of which may affect the election. The State Supreme Court
was therefore required to define it, and in doing that the
court looked to another election statute, § 101.5614(5), dealing with damaged or defective ballots, which contains a provision that no vote shall be disregarded “if there is a clear
indication of the intent of the voter as determined by the
canvassing board.” The court read that objective of looking
to the voter’s intent as indicating that the legislature probably meant “legal vote” to mean a vote recorded on a ballot
indicating what the voter intended. Gore v. Harris, 772
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