Following the U.S. Supreme Court's decision in Bush v. Palm Beach County Canvassing Board, and concurrent with Vice President Al Gore's contest of the certification of Florida presidential election results, on December 8, 2000 the hand 9000 contested ballots from Miami-Dade County. It also ordered that every county in Florida must begin manually recounting all "under-votes"(ballots which did not indicate a vote for president) because there were enough contested ballots to place the outcome of the election in doubt.
Did the Florida Supreme Court violate Article II Section 1 clause 2 of the U.S. Constitution by making new election laws? Do standardless manual recounts violate the Equal Protection and Due Process Clauses of the Constitution?
Arguments For The Petitioner
A manual statewide recount would violate the United States Constitution's Fourteenth Amendment.
Seven justices (the five Justice majority plus Souter and Breyer) agreed that there was an Equal Protection Clause violation in using different standards of counting in different counties.
Bush v. Gore is famous for its impact on one of the closest elections in U.S. history, this case stressed the importance of having a set uniform procedure of hand counting ballots in the event of a recount.