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Posner says the Florida court and its defenders have confused tabulation error with voter error.
The recount thus consists of going back to the voting machine and seeing if workers made a tabulation error when they recorded the tally.
Remember, in response to the question from I think it was Justice Scalia the last time we were here, this is the first time we've had a manual recount for anything other than arithmetic tabulation error.
In the context of the statute as a whole, manual recounts are treated quite extensively, as a last resort, in a -- for tabulation error, at the discretion of canvassing officials.
One requires that when an election result is in doubt as a result of tabulation error, there be a hand recount (a long, laborious and subjective process); the other says that final results must be delivered within a week of Election Day.
Through an error of punctuation Time ran the following rather astonishing post-election item: "In Minneapolis the discovery of a 10,000-vote tabulation error put snaggle-toothed William J. Gallagher, 69, a retired street sweeper, and Henry George, single-taxer, into the House".
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"At one point, we had tabulation errors in twenty-eight per cent of the systems tested, and nobody cared".
Provided that the local authorities are relatively honest, tabulation errors should be random, meaning they will run both ways.
This rational decision was an attempt to focus the board's attention on correcting the greatest number of tabulation errors within the limited time allowed by this court for the recount...
The St. Lucie County Canvassing Board voted 2 to 1 late Friday to order the recount after Representative Allen B. West, a Republican, complained about a series of tabulation errors.
Last week county boards in Ohio filed suit against the company for device malfunction and tabulation errors.
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