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Monday, May 06, 2002
# posted by Kevin @ 11:14 AM

Florida starts now:

Thanks to Calstuff Correspondant ASA for much of this.

President Adeyemo filed an Amicus Curae brief (Friend of the Court) supporting Jen Lee's case against the Judicial Council. It's available here.

It's sort of long and technical, but the gist is this: there's a small but significant portion of Ballots called Type 4 Ballots.

These are ballots that have only been filled out for President, and only some of the ballot positions have been chosen. (IE, listed a number 1, a number 3, and no number 2.)

Now, this could mean one of two things. The Voter may have intended to vote for the person at the number one ballot position, which would be Jesse. OR, he may have made the common mistake of ranking people first, second, third instead of putting their ballot number as first, etc. (You'll understand this a lot better if you read the brief.)

Since there's two possible interpretations, the Elections Bylaws sets down a method for counting them. The Elections Council apparently did not follow this method. Wally writes
Since there is evidence of Type I error but no CLEAR AND DIRECT evidence of Type II error, the elections council should tabulate these ballots as described in the Title IV, section 16.2.3 of the bylaws: "If preferences are skipped on a ballot, lower preferences shall be raised to close the gap. Thus, for a ballot with a first and third but no second preference, the candidate listed as the third preference shall be counted as the second preference."
The elections council has had no clear standard in tabulating these ballots and has tabulated these ballots differently in different situations.
So again: this only applies to 50 or so ballots. But in a race like the Presidency that's expected to be close, that could make all the difference. And then what?

You heard it here first...
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