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County judges have ordered recounts in contest lawsuits in the past.
In contrast, he said, Florida law gives the courts broad powers in contest lawsuits to fashion "any relief appropriate" if it appears that the wrong person was certified the winner.
His reasoning was that the state law mentioned only the trial court when it provided for contest lawsuits in a presidential election and did not specifically say a trial court's decision could be reviewed by the Florida Supreme Court.
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The Gore campaign decided not to include Seminole in its contest lawsuit.
That was among several issues the Republicans cited as grounds for Judge Sauls to end the contest lawsuit.
Lawyers for Gov. George W. Bush have vowed to use every argument at their disposal to make certain that no ballots are counted, and that the contest lawsuit is dismissed.
A bald denunciation of the Florida Supreme Court, which would be startling, could stall the contest lawsuit, but that would be more for symbolic reasons, some experts say.
Mr. Gore's contest lawsuit was the most significant election-related legal action taking place in Tallahassee today, but it was not the only one.
It essentially asks the Supreme Court to take over Mr. Gore's contest lawsuit from the deliberate-moving trial court, to count the ballots itself, and eventually to declare Mr. Gore the winner if he wins the recount.
Judge N. Sanders Sauls of Leon County Circuit Court, who is presiding over the contest lawsuit, announced what could be a relatively brisk pace for Saturday's trial, expressing the hope that it could be completed in one 12-hour session.
Those issues include whether Mr. Gore is really entitled to bring a contest lawsuit -- technically, only the electors for a candidate are on a presidential ballot -- and whether any presidential election can truly be contested under Florida law.
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