Word: recountings
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...rather than using a 1999 precedent which allows a looser interpretation of "contest" requirements, the circuit court decision is untenable. The Bush lawyers, on the other hand, insisted that Sauls ruled the only way he could: The Gore team, after all, did not satisfy existing standards for a recount, which require a plaintiff to prove there is "reasonable probability" that a recount will yield a changed election results...
...argued Boies in his rebuttal. In fact, precedent dictates that "reasonable probability" is the wrong standard; as long as the plaintiff proves "reasonable possibility" of a changed result, a recount must be allowed. "We have identified specific votes" that were not counted, Boies told the Justices. "There was a clear voter intent expressed on those ballots and they were not counted...
...Also at issue is the question of limited recounts. While the Gore team insists there is precedent for recounts in specific precincts or counties, and that the GOP had an opportunity to contest the election results, the Bush lawyers contend that any, even limited, recount requires a statewide recount - which, they point out, there simply isn't time for at this point...
Campion estimates that a county recount might well have swung enough votes to Gore to give him the state...
...high court will do, and in briefs presented Wednesday, David Boies et al. have outlined their logic: Because Judge Sauls based his ruling on cases from 1974 and 1982 - precedents that were overwritten by another case less than a year ago, in a decision easing the prerequisites for a recount - his decision should be rejected...