What are the prospects for the Gore appeal of Judge Sauls ruling?
While Judge Sauls rejection of the Gore contest was comprehensive, it did leave some slender reeds on which to build a case for appeal. First, Judge Sauls did acknowledge that the record showed “less than total accuracy” of the punchcard voting devices. While Judge Sauls ruled that these problems did not support a conclusion of a reasonable probability of a different statewide result, the Gore lawyers can argue that Judge Sauls’ failure to examine the ballots themselves to get a precise sense of the magnitude of the “inaccuracy” was error. Second, the plaintiffs may argue that the “reasonable probability” standard itself sets the bar too high, and that they need only show the existence of votes illegally counted for Bush or legal votes not counted for Gore sufficient to “place in doubt the result of the election.” Once that “doubt” is established, the argument goes, the step of ballot review should proceed. Factors weakening the prospects of a successful appeal are Judge Sauls’ opportu
