The Katherine Harris lawsuit is setting the agenda right now, but there are some other potentially important lawsuits pending in state court. Palm Beach voters have filed more than a dozen lawsuits challenging the ballot's legality. The plaintiffs and Democratic volunteers have collected thousands of affidavits from voters who say they were confused into miscasting their votes, and they have collected statistical evidence arguing that when thousands of ballots were discarded, rejected or mistakenly cast for Buchanan, Gore lost some 11,675 votes. It could be a compelling case, particularly if plaintiffs can prove that the ballot actually violates state law. The biggest problem with the suit is that there is no easy remedy.
Recounts are routine.
Ordering a new election, even in a single county, is a more radical step that no court has ever taken in a presidential election. It would also raise thorny issues such as how to prevent those who voted for Nader from switching now. Every day, it seems, there are more lawsuits presenting intriguing new facts. The Justice Department is investigating the claims. Republicans, meanwhile, are charging Democrats with targeting more than 1,000 overseas ballots, the bulk of them from military voters, which were thrown out on Friday, many for either lack of a postmark or the voter's own signature.