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''Bush v. Gore'', , is the United States Supreme Court decision that resolved the dispute surrounding the 2000 presidential election. Three days earlier, the Court had preliminarily halted the Florida recount that was occurring. Eight days earlier, the Court unanimously decided the closely related case of ''Bush v. Palm Beach County Canvassing Board'', . In a ''per curiam'' decision, the Court, by a 5–4 vote,〔(Bush v. Gore ) (December 12, 2000).〕〔(U.S. Supreme Court Docket for Bush v. Gore ).〕 ruled that no alternative method could be established within the time limit set by Title 3 of the United States Code (3 U.S.C.), § 5 ("Determination of controversy as to appointment of electors"), which was December 12. By a 7–2 vote, the Court ruled that there was an Equal Protection Clause violation in using different standards of counting in different counties.〔(【引用サイトリンク】title=Bush v. Gore ) "Noting that the Equal Protection clause guarantees individuals that their ballots cannot be devalued by 'later arbitrary and disparate treatment,' the ''per curiam'' opinion held 7–2 that the Florida Supreme Court's scheme for recounting ballots was unconstitutional."〕 Three concurring justices also asserted that the Florida Supreme Court had violated Article II, § 1, cl. 2 of the Constitution, by misinterpreting Florida election law that had been enacted by the Florida Legislature. The decision allowed Florida Secretary of State Katherine Harris's previous certification of George W. Bush as the winner of Florida's 25 electoral votes to stand. Florida's votes gave Bush, the Republican candidate, 271 electoral votes, one more than the required 270 electoral votes to win the Electoral College and defeat Democratic candidate Al Gore, who received 266 electoral votes (a District of Columbia elector abstained). Media organizations subsequently analyzed the ballots, and under the strategy that Al Gore pursued at the beginning of the Florida recount — filing suit to force hand recounts in four predominantly Democratic counties — Bush would have kept his lead, according to the ballot review conducted by the consortium. On the other hand, the study also found that a statewide tally would have resulted in Gore emerging as the victor by 60 to 171 votes, if the official vote-counting standards had not rejected ballots containing overvotes (where a voter marks a candidate's name and also writes it in). ==Background== In the United States, each state conducts its own popular vote election for President and Vice President. The voters are actually voting for a slate of electors, each of whom pledges to vote for a particular candidate for each office, in the Electoral College. Article II, § 1, cl. 2 of the U.S. Constitution provides that each state legislature decides how electors are chosen. Early in U.S. history, most state legislatures directly appointed the slate of electors for each of their respective states. Today, state legislatures have enacted laws to provide for the selection of electors by popular vote within each state. While these laws vary, most states, including Florida, award all electoral votes to the candidate for either office who receives a plurality of the state's popular vote. Any candidate who receives an absolute majority of all electoral votes nationally (270 since 1963) wins the Presidential or Vice Presidential election. On November 8, 2000, the Florida Division of Elections reported that Bush won with 48.8% of the vote in Florida, a margin of victory of 1,784 votes.〔 The margin of victory was less than 0.5% of the votes cast, so a statutorily-mandated〔''See'' Fla. Stat. § 102.141(4). (【引用サイトリンク】title=The 2000 Florida Statutes, Title IX, Chapter 102, Section 141 ) (This archived version of the Florida statute is dated July 2, 2001, and is from Archive.org.)〕 automatic machine recount occurred. On November 10, with the machine recount finished in all but one county, Bush's margin of victory had decreased to 327. According to author Jeffrey Toobin, later analysis showed that a total of 18 counties—accounting for a quarter of all votes cast in Florida—did not carry out the legally mandated machine recount, but "()o one from the Gore campaign ever challenged" the notion that the machine recount had been completed.〔Toobin, Jeffrey. "Too Close to Call". Random House, 2002, p. 66.〕 Florida's election laws〔''See'' Fla. Stat. § 102.166. (【引用サイトリンク】title=The 2000 Florida Statutes, Title IX, Chapter 102, Section 166 ) (This archived version of the Florida statute is dated July 2, 2001, and is from Archive.org.)〕 allow a candidate to request a county to conduct a manual recount, and Gore requested manual recounts in four Florida counties: Volusia, Palm Beach, Broward and Miami-Dade, which are counties that traditionally vote Democratic and would be expected to garner more votes for Gore. Gore did not, however, request any recounts in counties that traditionally vote Republican. The four counties granted the request and began manual recounts. However, Florida law also required all counties to certify their election returns to the Florida Secretary of State within seven days of the election,〔''See'' Fla. Stat. § 102.112. (【引用サイトリンク】title=The 2000 Florida Statutes, Title IX, Chapter 102, Section 112 ) (This archived version of the Florida statute is dated April 21, 2001, and is from Archive.org.)〕 and several of the counties conducting manual recounts did not believe they could meet this deadline. On November 14, the statutory deadline, the Florida Circuit Court ruled that the seven-day deadline was mandatory, but that the counties could amend their returns at a later date. The court also ruled that the Secretary, after "considering all attendant facts and circumstances," had discretion to include any late amended returns in the statewide certification.〔(【引用サイトリンク】title=Leon County Judge Rules on Certification )〕 Before the 5 pm deadline on November 14, Volusia County completed its manual recount and certified its results. At 5 pm on November 14, Florida Secretary of State Katherine Harris announced that she had received the certified returns from all 67 counties, while Palm Beach, Broward, and Miami-Dade counties were still conducting manual recounts.〔(【引用サイトリンク】title=Text: Florida Recount Results )〕 Harris issued a set of criteria〔''Palm Beach County Canvassing Bd. v. Harris'', (772 So.2d 1220 ) (November 21, 2000). Late-filing criteria are at note 5. See (The American Presidency Project ) for other documents related to the 2000 election dispute.〕 by which she would determine whether to allow late filings, and she required any county seeking to make a late filing to submit to her, by 2 pm the following day, a written statement of the facts and circumstances justifying the late filing. Four counties submitted statements, and after reviewing the submissions Harris determined that none justified an extension of the filing deadline. She further announced that after she received the certified returns of the overseas absentee ballots from each county, she would certify the results of the presidential election on Sunday, November 18, 2000.〔 On that date, she certified Bush the winner and litigation ensued. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Bush v. Gore」の詳細全文を読む スポンサード リンク
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