Don't look now, but the various recounts under way in Florida are determining that the wrong guy is in the White House. The media have demonstrated remarkably little interest in this story. Nobody is saying that Bush should be removed, but the fact that he lost both the popular vote and, without the intervention of the Supreme Court, would probably have lost Florida and the Electoral College vote should count for something.
Recall that before rendering its decision the Court acted so precipitately to stop the count, as Bush hero Justice Antonin Scalia helpfully explained, explicitly in order to insure public ignorance of the genuine result. "Count first, and rule upon legality afterwards, is not a recipe for producing election results that have the public acceptance democratic stability requires."
One aspect of the Court's controversial majority opinion dealt with the validity of Florida's 110,000 "overvotes," where a machine count recorded more than one vote for President. When examined by hand, many of these votes turned out to be legal, since the punch card (or check mark) matched the name of the candidate written in by the voter. The Gore team stupidly ignored these votes, and the refusal of the Florida Supreme Court to consider them (in favor of an "undervote only" count) was one reason given by the Supreme Court for overturning that decision. So count the overvotes and what happens? The final answer is not in yet, but it sure looks bad for Bush.
In late December, the Orlando Sentinel took a look at about 3,000 overvotes in Lake County. They found more than 600 valid ballots that had been ignored by the machines, with Gore picking up 130 even in this heavily pro-Bush county. In late January the Chicago Tribune reported that in fifteen counties with a particularly high rate of overvotes, more than 1,700 votes that showed a clear choice had been discarded. Most of the counties in the Tribune's study were small, rural and predominantly Republican. Yet even so, Gore's net gain was 366 votes. And a Washington Post review of the computer records of 2.7 million votes in eight of Florida's largest counties reported that overvotes trended toward Gore at a rate of three to one.
Undervotes tell the same story. A study by the Palm Beach Post of 4,513 of that county's ballots set aside for possible court review indicates a Gore pickup of 682 votes, surpassing Bush's alleged 537 statewide margin. These patterns demonstrate that the Republicans' strong-arm tactics in Florida made sense. Without them, their guy would be cutting brush back in Crawford.
Today, with the conspicuous exception of the Washington Post's E.J. Dionne Jr., most of the punditocracy appears to think it an act of bad sportsmanship to point out that the man appointing far-right extremists to oversee the nation's legal system and its natural resources is a pretender to the throne. Sam and Cokie mock the idea as a joke. George Will smirks, "I don't think when the country hears media declaring Gore the winner they're impressed."