. This case took place in Florida. . It was a Supreme Course study about the election recount in 2000. . Since Gore lost by about 1,784 votes (less than 0.5% of votes cast), he demanded a manual recount. . When all counties except one did the recount, Bush's margin of victory had decreased to 327.
Here are the facts!
Question before the Court
In this case, the issue before the Supreme Court was if the Florida Supreme Court carelessly create a new law in ordering the manual recount of votes after the legally mandated machine recount?
It is based on the 14th amendment.
What amendment is this issue based upon?
Arguments for the Petitioner
Recounts in Florida violates the Equal Protection Clause and the 14th amendment. This is also violating Article 2 because this Article gives the federal judiciary the power to interpret state election law in elections to ensure that the decision of the state legislature is followed.
Arguments for the Respondent
The consequence of ruling the Florida recount unconstitutional just because it treated voters differently, would provide every state election unconstitutional and that each method has a different rate of error in counting votes.