Download Magazine - Levin College of Law - University of Florida

W. Dexter Douglass (LLB 55),of the Douglass Law Firm inTallahassee, Fla., served asGore’s lead Florida counsel inthe litigation following Florida’s2000 presidential election.“The combination of antiquated voting systemsand antiquated voting laws put us in a positionwhen we became pivotal to the election.”by the deadline. Although the deadlinewas ruled to be immutable by a FloridaCircuit Court, the court also ruled thecounties conducting manual recountscould amend their returns later and thatSecretary of State Katherine Harris, thestate’s chief election officer, had thediscretion to accept those amendmentsafter the deadline.Nonetheless, at the close of businesshours on Nov. 14, Harris announced shewas in receipt of certified returns fromall 67 counties, although three were stillconducting manual recounts. She alsoreleased criteria by which she wouldaccept amended filings and requiredthose counties intending to make one tosubmit a written statement outlining thecircumstances compelling them to do so.Broward, Dade, Palm Beach and Volusiacounties submitted written statements,but Harris determined none of themwarranted an extension of the deadline.She certified the election on Nov. 18.The Gore legal team immediatelyprotested in Florida courts, a moveDouglass advised against.“My suggestion early on was thatthey should allow the secretary of stateto certify the election and then contest it.Instead of choosing a recount, you couldchoose a contest statute, which wouldimmediately place the question of astatewide recount under the jurisdictionof the courts,” said Douglass. “ButKlain [Gore Chief of Staff Ron Klain]and others said, ‘Well, it had alreadybeen determined that we would go withrecounts in these four counties.’ ”Despite Douglass’ recommendation,Gore directed his legal team to pursueextending the certification deadline toallow the counties to complete theirrecounts. This litigation would laterprove to run the clock out on Gore’sfuture contest of the vote.“Had they allowed me to certifyon time, there would have been timefor the statewide recount,” KatherineHarris stated in a June 2, 2008, interviewon FOX News Channel’s Hannity &Colmes. “His [Gore’s] political teamwas concerned that… would harm himpolitically. So he listened to his politicaladvisers instead of Dexter Douglass, hisFlorida counsel, who said that, indeed,Florida 2000RECOUNT TIMELINESource: CNN, Dec. 13, 2000NOVEMBER 7: Election Day.November 8: Democraticpresidential candidate Al Goremakes an early morning callto Republican candidateGeorge W. Bush to concede,then calls back to retract hisconcession based on newestimates of a statistical tiebetween the two men.November 9: Gore’s team, ledby former U.S. Secretary of StateWarren Christopher, requests ahand recount of ballots in fourFlorida counties — Palm Beach,Dade, Broward and Volusia.NOVEMBER 10: The Floridamachine recount is completed.Unoffi cial Associated Pressresults give Bush a lead of327 votes out of nearly 6million cast.NOVEMBER 12: Palm BeachCounty offi cials vote toconduct a full hand recountof presidential votes; VolusiaCounty begins its own handcount; Bush’s legal team,headed by former Secretaryof State James Baker, goes tofederal court seeking to blockmanual recounts.NOVEMBER 14: FloridaSecretary of state KatherineHarris delays certificationof the state’s votes until 2p.m. EST Nov. 15 so threeheavily Democratic countiescan explain why they shouldconduct hand recounts oftheir ballots.NOVEMBER 15: Harris saysshe will not accept further handrecounts and asks the FloridaSupreme Court to order the haltof manual recounts; BrowardCounty decides to begin a handrecount; AP estimates shrinkBush’s lead to only 286 votes.NOVEMBER 21: The FloridaSupreme Court orders hand countsto continue, and gives counties fivedays to complete them.NOVEMBER 23: Miami-DadeCounty officials stop their handrecount because they do not feelthey could complete the recountbefore the Nov. 26 deadline givenby the Florida Supreme Court.16 UF LAW