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Her decision triggered the time for bringing any election contest actions").
Mr. Gore's aides also noted that the Florida Supreme Court itself suggested on Tuesday that contest actions were an appropriate remedy.
Chief among the new questions is the length of time it will take for the courts to resolve any contest actions, and whether this new round of litigation will provoke the Republican-dominated Florida Legislature to intervene.
Moreover, contest actions under Florida law relate only to the ballots which one side or the other contests -- virtually every Florida election contest case involves a small fraction of the votes cast in the contested election.
Petitioners are, in effect, asking this Court to delay the commencement of election contest actions, if any, by improperly using the protest procedures to contest the election before certification.
Johnnie B. Byrd Jr., a senior House Republican and co-chairman of the Legislature's select committee on the election, vowed in an interview today that even if contest actions are still unresolved by the Dec. 12 deadline for naming electors, the Republican-dominated Legislature will go ahead and pick a slate of 25 electors loyal to Mr. Bush.
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"Plaintiffs are not aware of a single Florida case in which a court has held that it was required to review any ballots other than those contested by the plaintiff in the contest action, and neither the Circuit Court nor defendants have cited any authority for that proposition," the brief said.
It adds, "The court must allow sufficient time to complete an accurate and fair count of the contested ballots, which is essential for the proper resolution of the contest action".
Mr. Gore's lawyers said a contest action could be resolved before the 12th.
This standard is simply the threshold that must be met to bring forth the contest action.
That amendment preserved existing rights of unsuccessful candidates and made important additional changes to strengthen the protections provided to unsuccessful candidates in a contest action to be determined.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com