"Mark Cook" wrote in message m...

Yes, they could have challenged, but would have lost. With the make up of
Congress, and the Electoral Count Act of 1887, only the candidate who held
state certification would win this type of challenge. Of course, Bush held
state certification as a result of the remedy crafted by the Democrat
majority of the Florida Supreme Court (Palm Beach County Canvassing Board
vs. Harris). Instead of ordering a full recount, the court decided that
state certification would be awarded to the winner of 4 Democrat majority
county recount.


As I recall, the second FLSC decision that was appealed to the USSC
required that all undervoted ballots through out the state of FL
be recounted by hand using the standard for interpretation established
in FL election law: 'the clear intent of the voter'.

This was the decision that was first stayed, and later overturned
by the USSC.

"Rougher translation: We're giving you a chance to explain your way out of
the federal law trap into which you stumbled on Nov. 21. But we don't see
how you can do it. And by the way, it isn't only us that you have to
convince. Under another provision of that 1887 act (3 U.S.C. section 15),
the Bush electors that Gov. Jeb Bush has already certified and sent to
Congress, via the archivist of the United States, will be the ones counted,
unless any Gore electors approved by the Florida courts can pass muster with
both the Republican-controlled House and the Senate. Not much chance of
that."

http://www.theatlantic.com/politics/...2000-12-13.htm

This article concerns the first ruling of the FLSC which was appealed
to the USSC, not the second, which I think is the one Walt was writing
about.

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FF