A Little Class

The arrows were a little larger on these ballots, but the voters were not given a ballot to study before hand. Nor where these voters allowed to ask questions to clarify the instructions. Indeed, the only instructions these voters were given were to "Check the box for the one you choose." Using a ballot similar in design to the ballot that supposedly confused some adult voters in Palm Beach County Florida on election day, 74 eight-year olds in Leesburg Georgia were asked to select their favorite Disney character.

The mock vote was a simple experiment conducted by child psychologist Ron McGee. None of the youngsters was confused into selecting a Disney character other than the one he or she intended to select. As if to make the analogy with the Florida presidential election results complete, the vote for the favorite Disney character was a tie between Mickey Mouse and Goofy. I will leave it to the reader decide which Disney character corresponds most closely to which major presidential candidate. [1]

Upon the ultimate vote count in Florida, the Presidential election will likely turn. Florida's 25 electoral votes will give either Governor George Bush or Vice-President Al Gore the necessary votes for an Electoral College majority. Only a few hundred votes now separate Gore and Bush.

As it appears now, the election took place in accordance with applicable Florida law and arguments about the ballot confusion are irrelevant. While the design of some ballots seems to be less clear than it could have been, the case of the eight-year olds above illustrates that the ballots were not particularly ambiguous. Court precedents suggest that so long as a person exercising the due diligence consistent with the solemnity of a vote can understand the ballot, then the ballot is fair. [2]

Although Bush currently leads, after some additional recounts and after accounting for all absentee ballots, it is still very possible that Gore could be ahead in the final vote count. There is the still unresolved question of whether hand counts or machine counts are fairer and more accurate. There is some litigation with regard to this pending.

After these issues are resolved and the Florida vote certified and unless there are extremely compelling and pervasive cases of voter fraud, the candidate with the fewer votes should quickly concede. Not only should Bush or Gore concede, he should urge his supporters to desist from the pursuit of additional remedies. The Gore campaign it now financing private law suits in Florida, while trying to avoid the appearance of litigiousness. Such support should cease. These largely frivolous suits unnecessarily attempt to undermine the legitimacy of the next president.

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