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[IP] A nation (evenly) divided





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From: Tim Onosko <tim@xxxxxxxxxx>
Date: August 28, 2004 1:04:29 AM EDT
To: dave@xxxxxxxxxx
Subject: A nation (evenly) divided

Dear Dave Farber:

I think the great undiscussed issue is what to do with an election that ends in a statistical dead heat, and it is one for which there is obviously no Constitutional solution. As Americans, the value of our votes is established by the admonition that a candidate can win or lose by a single vote: ours. This is true, no doubt, in a race of limited scope, such as a local election. But, on a national scale, it is always possible, as we saw in November 2000, to be cast into a situation like Florida, where no number of recounts may have ever yielded a satisfactory answer to who actually won the state. The different ways recounts were ordered, the rules by which they were conducted, human error and the chaotic environment itself were likely to have meant that no two recounts would have been the same. Anyone who has taken the most rudimentary statistics course recognizes this as the margin of error.

The U.S. Constitution makes no mention of how to solve such disputes, and so we were thrown into the worst kind of court case possible, where there was no precedent and precious little case law, and where the outcome was assured to be determined by lawyers, not the law. Yet, considering all of the public furor over the 2000 election, there has been virtually no discussion about the underlying cause of the problem or how to settle it if it happens again. Instead, we simply address the voting methods -- punch cards and hanging chads are out, optical ballots and e-voting are in. But there remains a margin of error in every virtually voting and accounting method, and there is still no Constitutional remedy for the statistical dead heat.

With polls that reflect a still a frighteningly evenly divided nation, the possibility exists that some variant of the 2000 scenario might once again play itself out without any better legal method of settling matters. We don't need to live through this nightmare again, where half the electorate inevitably feels disenfranchised for the next four years.

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