And, as the consortium acknowledges, it was a challenge for it to identify, months after the fact, the undervote
and overvote ballots not tallied on Election Day.
Considering that the right to vote dually implicates freedom of association and equal protection, the standard to ascertain invidious intent would presumably be the same as the standard used to prove a discriminatory purpose in antidiscrimination law.(40) In the recount context, this discriminatory purpose would be something more than merely remedying an undervote
; it would involve using means at the county's disposal to help one candidate win.
Harris--the 4-3 decision ordering a statewide manual recount of the "undervote
" ballots in all counties in which those ballots had not already been manually tabulated.
She said she was allowed to vote but her vote for mayor, congressman and board member were undervote
that shown in the receipt.
The biggest difference between the results in the two contests was in the size of the undervote
- nearly twice as many voters marked their ballot for no candidate in Walston's race as in Torrey's.
(109) "If the vote is properly cast by punching through the ballot, the tabulating machine will count the vote." (110) The brief noted that the Manual Recount Statute authorized "reconstructing" undervote
ballots based on voter intent thereby adding to the machine-generated totals, creating "a strong incentive for a candidate to request a manual recount in heavily populated counties where the machine tabulated vote favors the candidate because it invariably results in addition of reconstructed undervotes
in numbers that disproportionately favor the requesting candidate." (111) The brief argued that:
We have been analyzing the detailed ballot results from the election as well as the incident and technician logs from Sarasota County to identify patterns in the undervote
. Specifically, we have examined the undervote
by machine, precinct, and ballot style.
classified as an undervote
by a vote counting machine should be counted
He battled through a nasty primary and spent $8 million on the general election (more than any Congressional candidate), only to have the results questioned after Sarasota voting machines had an unusually high 13 percent undervote
, giving him the seat over Christine Jennings by a mere 369 votes.
(24) Georgia Secretary of State, "Analysis of Undervote
Performance of Georgia's Uniform Electronic Voting System," 1 December 2004; http://www.sos.state.ga.us/pressre1/undervoteanalysis.htm (accessed 8 August 2005).
occurs if a voter chooses fewer candidates than is permitted--most commonly, failing to vote for any candidate for a particular office.
Gore held that the Florida Supreme Court's effort to require a statewide manual recount of the undervote
ballots (9)--that is, those ballots cast by voters that the ballot-counting machinery determined contained no vote--was unconstitutional.