Florida does not have a law dictating what should happen in the event an electoral tie and legal experts are divided on whether the state's courts or its legislature would decide the next step. The one thing they do agree on is that the state and the country would be exploring new territory. But splitting the slate of electors is an unlikely possibility since Florida is a winner take all state, meaning whichever candidate wins the states popular vote gets all 25 of the Florida's electoral votes. Federal law says disputes concerning the appointment of electors must be settled using laws enacted before Election Day. Since Florida was a winner take all state before the election, neither the court nor the legislature can alter that rule now and decide to split the slate of electors, said New York University law professor Richard Pildes.
Overseas ballots come from military personnel, students and other U.S. citizens living abroad.
Overseas ballots typically don't receive this much attention, and winners are often named before their arrival, because historically they have not affected the outcome of an election. But in an election this close, the overseas ballots could be the deciding factor. It is recognized that there is an element of machine error in Florida, according to University of Miami Law Professor Larry Anderson. While in the manual count you rely on human beings, the recount system in Florida is designed to minimize human error, Anderson says. Three people look at a ballot, while being observed by a Republican and a Democratic representative.