But the Constitution requires the new Congress to open the ballots of the Electoral College, with or without a submission from the state of Florida. Without a decision from Florida, neither Mr. Gore nor Mr. Bush would receive the electoral majority necessary to claim the majority. That could throw the election to the House of Representatives, where members of each state caucus to cast one vote on behalf of that state. The Republicans will control 28 of the 50 House delegations. Democrats, however, could act to block a House vote.
Few people expect things to get that far, if only for political reasons.
Republicans pondered legal challenges after John F. Kennedy's narrow presidential victory in 1960, but the defeated Richard Nixon rejected the idea. Gore could decide to do the same thing. Mr. Gross said there are real questions here with real stakes.