US awaits key Florida judgement

Chief Justice Charles Wells: A matter of utmost importance

The crucial decision over whether or not Florida should allow hand recounts of votes in the US presidential election hangs in the balance as the state Supreme Court considers evidence from Democrat and Republican lawyers.

The seven black-robed justices heard two-and-a half hours of evidence on Monday, as both sides tried to convince them of their case, which could decide the outcome of the entire election.

The judges' options

Stop hand recounts

Allow them to continue

Continue recounts but defer decision on their validity

Neither side has ruled out further action should the verdict go against them

The crowded courtroom heard Chief Justice Charles Wells acknowledge "the historic nature" of the hearing, but was left waiting for a decision after a court spokesman said a verdict would not arrive until Tuesday at the earliest.

Some polling experts believe that even if the court allows the recounts to stand, Mr Gore is not picking up enough votes to overtake Mr Bush's slim lead.

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Both sides brought their sharpest legal minds to the Tallahassee court to face a succession of tough questions from the five men and two women judges.

Tough questions for Republican lawyers Michael Carvin (left) and Barry Richards

Lawyers for the Democrats argued that Florida's Republican Secretary of State Katherine Harris had overstepped her authority by declaring she would accept no hand-counted results after last Tuesday.

Republican lawyers responded that a court ruling allowing manual recounts could result in a "never-ending" process that could deprive Florida of its say in who will be the next US president.

Tough questions

Some observers interpreted the judges' aggressive questioning of Mr Bush's lawyers as a positive sign for Mr Gore, but our correspondent in Tallahassee, Paul Reynolds, says courts sometimes play the devil's advocate during oral arguments.

The justices seem to be concerned with two main issues:

• could the current delay jeopardise Florida's participation in the electoral college on 12 December?
• why does Florida law allow for a manual recount, while imposing a deadline which might not permit such a recount to take place?

One judge asked a Republican lawyer if manual recounts were allowed in Texas, where Mr Bush is governor.

They are, under a law signed by Mr Bush himself three years ago.

'Dimpled ballots'

In Florida's biggest county, Miami Dade, a manual recount has started, although it is not expected to be complete until 1 December.

Miami-Dade is recounting about 654,000 by hand

Mr Bush's supporters say a decision by Miami Dade and Broward counties to include unpunched ballots, known as "dimpled ballots", is wrong.

Dimpled ballots show an impression next to the name of a presidential candidate, but no clear hole.

The Democrats are arguing that these ballots should be counted because they give evidence of what a voter intended.

Six of the seven justices were appointed by Democrats; the seventh was a joint Republican-Democrat appointee.

Mr Bush currently has a 930-vote lead out of a total of six million cast in Florida.

Correspondents say Mr Bush will be encouraged by the results so far in of the recounts which indicate that he is still likely to win Florida, even if the Supreme Court allows the recounts to be taken into consideration.

Votes counted so far suggest Mr Gore has picked up some 133 extra votes, and would have to pick up votes at a faster rate to overhaul Mr Bush.

Legal options

Neither the Gore nor Bush campaigns are willing to say what they would do if the court's judgment goes against them, but both sides do still have options.

In Florida itself, the losing side could decide to contest the official outcome of the election, whenever that might come.

The losing campaign could also attempt to take its case to the federal Supreme Court in Washington.

At stake are Florida's 25 electoral college votes which will give either candidate the 270 needed to win the race for the White House. Nationally, the result was so close that neither man can win without Florida.

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• 21 - 22 November: Florida's seven supreme court judges deliberate over hand recounts
• 6 December deadline for New Mexico recount
• Early Dec deadline for Oregon recount

• 12 Dec: Deadline for Florida to certify its votes. Electoral college votes with or without Florida
• 18 Dec: Electoral college meets in each state. Man with most votes is president

• 6 Jan: Congress counts electoral college votes. If no winner, House of Representatives chooses president and Senate vice-president
• 20 Jan: Inauguration Day. If no president chosen, House speaker is acting president

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