How does giving “almost all” Florida voters “access” to paper ballots comply with equal protection from Bush v Gore (2000) which required that all voters be uniformly treated with “equal dignity” and not subject to different standards? Paperless DREs are banned only as of 2012. Diversity in the 2008 voting systems in Florida insures that more equal protection challenges can be made. I’m assuming there’s a sophisticated legal strategy to protect this but it doesn’t appear to me to be one strong enough to stay out of the courts.

If it gets into the Courts then we can expect Bush v Gore, part II. Last time they stayed and terminated the recount that was statewide, after denying the partial recount Gore requested below as violative of equal protection. no partial recount, no full recount. Then we “ran out of time” on the December 13 deadline, the Bush v. Gore opinion being dated december 12. So that’s why Bush v. Gore effectively decided the presidency.

So, since all Holt does is propose a partial recount or partial audit, and it is after the election, what are the chances that a republican will run into a court with a copy of Scalia’s opinion and order of stay saying that Bush’s “apparent victory” would be irreparably harmed by a recount or audit, and getting even a lower judge to stop the recount or audit?

Stay tuned. But it’s just re-runs folks. Those who don’t remember their history are condemned to live their entire lives as children.

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