Gore rushes to appeal court decision as absentee ballot tabulation begins

David Espo

Friday, Nov. 17, 2000 | 11:21 a.m.

George W. Bush's lead inched higher in Florida's fiercely contested presidential election today as the overseas absentee ballots began breaking his way. Al Gore rushed to appeal a court ruling that undercut the manual recounts in heavily Democratic counties.

Concerned that Secretary of State Katherine Harris will declare Bush the statewide winner on Saturday once the overseas ballots are tabulated, former Secretary of State Warren Christopher also warned that Democrats would "take steps to have her action set aside or reversed."

"I hope that Governor Bush will not attach finality to the result," he said at a news conference.

Republicans made plain they are eager to close out Gore's challenge.

Former Secretary of State James A. Baker III said Republicans look forward to counting overseas ballots "so that the process of achieving a final result to the election in Florida is not subject to further delays."

The early returns from overseas ballots gave Bush 10 votes and gave Gore five. Democrats in Monroe County protested two of the votes allocated to the Texas governor, and other protests flared elsewhere in a race already studded with controversy.

Bush was in Texas, the vice president in Washington as Circuit Judge Terry Lewis issued a brief order in Florida that reaffirmed Secretary of State Katherine Harris' decision to discount the results of manual recounts in the areas around Fort Lauderdale and West Palm Beach. The recounts continued anyway

Bush holds a 305-vote lead in the state that will decide the winner of the presidential election, including tabulation of overseas ballots from four counties. Harris is expected to certify a winner on Saturday -- subject to yet another court challenge -- once the overseas votes are in hand from all 67 counties.

Those totals do not include the returns from the disputed hand recounts sought by Democrats in Broward and Palm Beach counties. Those have given Gore an additional 34 votes so far.

The day's developments -- one court ruling, with an appeal to come; contested manual counts under way; and overseas ballot tabulation proceeding -- were difficult to follow, impossible to predict.

But the result was easy to discern: 10 days after the nation voted, neither Gore nor Bush had an Electoral College majority, and there was no agreed-upon timetable for determining when a president-elect would emerge from the struggle.

Republicans sought to use Lewis' court ruling to close out Gore's challenge for the White House.

Little more than an hour after the ruling, former Secretary of State James A. Baker III said Bush and running mate Dick Cheney were "understandably pleased."

Cheney, appearing Thursday night on ABC's PrimeTime Live," said he and Bush were prepared to declare victory Saturday if Florida certifies them as the winners of the state's 25 electoral votes - even if hand counts are continuing.

Christopher and Gore attorney David Boies responded a few hours later for the vice president.

"We continue to believe that Secretary Harris was wrong to certify the election results before the recounts were completed," Christopher said.

"To the extent that Judge Lewis' decision today is contrary to that, we believe it incorrect, and we will be appealing it to the Supreme Court of Florida." He said Gore's legal team would seek a hearing and decision "at the earliest moment, tomorrow if possible."

As for the possibility that Harris may certify Bush as the winner of the state's electoral votes -- enough to give him the presidency -- Christopher added, "It would frustrate the will of the people of Florida."

Both sides in the election contest assume that Bush will benefit when the overseas votes are counted, making Gore's attempt to win recounts of more than one million ballots essential to his effort to overtake his rival.

Lewis' court order, read by a court clerk and broadcast live nationally, was succinct.

Based on the "limited evidence presented, it appears that the secretary has exercised her reasoned judgment ... applied them to the facts ... and made her decision. My order requires nothing more," it said.

In a brief statement, Harris said she would "continue to follow the election procedures provided by Florida law. She added, "we anticipate receiving the certifications of the overseas absentee ballots from all counties by noon tomorrow."

Lawyers and political aides said they expected Gore to appeal Lewis' order to the state Supreme Court in Tallahassee. If so, it would be the second election-related case in as many days to come before the state's highest court, a sign that the nation's postelection drama may be nearing a conclusion.

On Thursday, in a brief unanimous order, the state's high court justices ruled that the recounts could continue, but took no position on whether Harris should be required to take them into account when she certified the results of the election.

"Let the will of the people be done," Gore campaign chairman William Daley said Thursday after the high court ruling. Other Democrats warned of legal action if Harris refuses to accept the results of the hand recanvasses.

Bush's campaign chairman said Harris' vote certification deadline was fixed by state law and "must be honored." Only the tally of the absentee ballots from overseas remains to be rolled into previously certified vote totals showing Bush with a 300-vote margin, Don Evans insisted.

And then, he said, "Win or lose, this election will be over." But a rash of legal actions by both sides made such a decisive ending improbable.

Officials in the state's 67 counties said they would begin tallying their overseas ballots as soon as they received this morning mail delivery.