Supreme Court deliberates while lower court says absentee ballots count

11:00 AM

WASHINGTON - Amid rising tension, the US Supreme Court continues to deliberate in the historic case of George W. Bush versus Al Gore - a case which could decide the winner of the presidential election.

The decision could come at any moment but with time running out until a new president has to be sworn in, the nine justices had been expected to act swiftly.

Exactly five weeks after the disputed Nov. 7 vote also marked the deadline for states to pick their electors. Florida's Republican-controlled House of Representatives voted by 79-41 to appoint a slate of 25 electors to back Bush, the Republican nominee and governor of Texas, in the Electoral College.

The move, which needs to be matched by the state Senate in a session scheduled for tomorrow, was seen as a safety net for Bush if the courts have not settled the election impasse by next Tuesday (NZ time), when the Electoral College is to meet to pick the next president of the United States.

Democrats angrily accused the Republican majority of acting unconstitutionally. ``We are on the verge of creating a historic mistake,'' said state Sen. Steven Geller, a Democrat. ``What we are doing is being done for partisan reasons to ensure that George W. Bush becomes president of the United States.''

Florida Republican House Speaker Tom Feeney urged members to be as nonpartisan as possible. ``History will judge us,'' he said.

The Electoral College meets on Tuesday (NZ time) to select the president. Both Bush and Vice President Gore, the Democratic nominee, need Florida's electoral votes to put them over the 270 mark to clinch the presidency.

In another development clearing away some of the legal tangle surrounding the election, the Florida Supreme Court dismissed two appeals brought by Democrats claiming that thousands of absentee ballots in Seminole and Martin counties should be thrown out because Republican officials helped fill in some details on ballot applications.

The 6-0 rulings meant there were virtually no legal issues surrounding the election still left outstanding other than those being decided by the US Supreme Court.

The 9 Supreme Court justices heard 90 minutes of oral arguments yesterday on exactly what should count as a legitimate vote for president in the Florida election.

With his political future and perhaps the presidency on the line, Bush began the day with his now routine national security briefing at the governor's mansion. He also spoke by telephone to James Baker, the former secretary of state who heads his legal team in Florida, and Don Evans, his campaign manager.

Bush also discussed White House and Cabinet personnel matters with his vice presidential running mate Dick Cheney, who is heading transition efforts in Washington.

Bush, whose certified victory in Florida was challenged by Gore, was due to check in with his legal team. He also was expected to continue transition planning with top aides.

Gore arrived at his White House office mid-afternoon after spending the morning at his residence.

Lead Gore attorney David Boies would not speculate on a ruling. "I don't think that you can read into a court's questions what they are going to decide," he said.

Gore's running mate, Sen. Joseph Lieberman of Connecticut, said in a radio interview that a ruling in Bush's favor would probably end Gore's legal challenges.

After 5 weeks of legal battles, one of the closest presidential elections in US history could come down to the 9 Supreme Court justices who appear as narrowly divided on the central issues as the rest of the country.

The vote by the justices to hear the Bush appeal of last Friday's Florida Supreme Court ruling that ordered a resumption of hand recounts was 5-4.

Gore needs a manual recount to maintain his White House hopes. Democrats believe hand recounts in certain counties would produce enough votes for Gore to overtake Bush's lead of 537 votes.

Lawyers for Bush say the Republican has been certified by the state as the winner of Florida's votes and no further recounts are necessary.

Gore attorneys hoped to sway Justice Sandra Day O'Connor or Justice Anthony Kennedy, key swing voters on the court that has been split between conservative and liberal factions.

During their second foray into the ferocious and unprecedented legal battle in 10 days, the justices repeatedly questioned lawyers for both sides during oral arguments.

In one key moment, O'Connor asked whether the Florida Supreme Court order to resume recounts usurped the authority of the Florida Legislature to make law.

"Isn't there a big red flag up there? Watch out. That's, I think, a concern that we have," O'Connor said. She added that she found it "troublesome." As a former state legislator in Arizona and former state court judge, O'Connor is known as a strong advocate of states' rights.

- REUTERS

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