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And unlike Florida, the judge noted, California has uniform standards for counting things like "hanging chads".
"Within a state, you've got to have equal standards for counting votes," said Cathy Cox, Georgia's secretary of state.
That echoed the language of the State Supreme Court's ruling, which did not set standards for counting such contested ballots but suggested that wide discretion was allowed.
Mr. Bush benefited from Mr. Gore's legal miscalculations, in particular, his failure to aggressively pursue a statewide, rather than selective recount, with uniform standards for counting ballots.
That, they said, was unconstitutional, particularly in states like Florida that leave it to county canvassing boards to establish their own standards for counting ballots.
It had been arranged at the last minute under varying standards for counting ballots a process that even the dissenting Justice Ginsburg called flawed.
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Do you think that in the contest phase, there must be a uniform standard for counting the ballots?
The support and the head confidence were calculated using a standard for counting frequencies based on document frequency (DF).
In order to analyze the periodicities of motifs of various lengths, a standard method for counting their occurrences was developed.
Professor Lowenstein said there was certain to be immediate new litigation, in the three counties that are conducting the recounts, about what the standards should be for counting the ballots.
Pressed by Justice Breyer on what a "fair standard" would be for counting punch card ballots on which a machine had found no vote for president, Mr. Olson replied: "That is the job for a legislature".
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com