CNN's Bill Schneider: the political fallout from Florida’s Supreme Court ruling

(CNN) – The Florida Supreme Court ordered an immediate statewide manual recount December 8 of ballots that were not counted by voting machines in the state’s presidential election. At least 43,432 "undervotes" from as many as 63 counties must be counted. The ruling cuts Republican George W. Bush’s lead over Democrat Al Gore to 154 votes in the legal contest, which has now entered its fifth week.

Bill Schneider is CNN’s senior political analyst. He is featured regularly on CNN’s "Inside Politics."

Chat Moderator: Thank you for joining us today, Bill Schneider, and welcome.

Bill Schneider: Well, it's a very exciting day and I am pleased to be able to spend a little time with our chat room!

	ALSO
Florida Supreme Court orders recount Read the transcript of the announcement Read the Florida Supreme Court Opinion (.pdf format) Read Bush's request for stay pending U.S. Supreme Court appeal (.pdf format)

Chat Moderator: The Florida Supreme Court decision was a breath of fresh life for Vice President Gore's legal fight. How can the vice president best use this momentum?

Bill Schneider: The vice president has got to make the case that this was a victory for the voters because the court’s order was to count the votes. The quicker the votes start being counted, the quicker the victory for Al Gore because once they start counting the ballots, it will become very difficult politically to stop the count.

Chat Moderator: Can the Florida Legislature trump this decision entirely by choosing its own electors, or can that process be stopped legally?

Bill Schneider: If the situation remains unresolved on Tuesday, December 12, the legislature has the power to name a slate of electors of its own choosing. Since the Republicans control the legislature, that would be undoubtedly be the Bush slate. The only way to resolve it is to resolve it by Tuesday.

Chat Moderator: If Florida sends two slates of electors -- one from the manual recount, one from the Florida legislature -- how does this play out politically for the vice president? Is he in danger of a political backlash?

Bill Schneider: Not necessarily, because his slate would be based on an actual count of more votes than the Bush slate. So he could claim greater legitimacy for his electors. The ultimate decision of which slate of electors will be counted rests with Congress. Republicans control the House; Democrats control the Senate. Good luck.

Question from JohnB: What if the counties cannot meet the December 12 deadline?

U.S. SUPREME COURT FILINGS Election-related filings (These require Adobe Acrobat Reader)     FLORIDA SUPREME COURT FILINGS Briefs filed on behalf of George W. Bush Briefs filed on behalf of Al Gore (These require Adobe Acrobat Reader)     TRANSCRIPTS Chat Transcripts Main Page CNN's Bill Hemmer on presidential election developments in Florida CNN's John King: the Gore campaign’s reaction to Florida rulings Constitutional Law Professor Ron Rotunda: legal rulings in the presidential election

Bill Schneider: They keep counting until they finish. The only consequence if they do not finish the count by December 12 is that the legislature steps in and chooses its own slate. But the count can go on all the way up to January 6. Congress counts the electoral votes on January 6, and that presumably will be final.

With a divided Congress, the decision on which Florida slate to count could take some days. The only deadline specified in the United States Constitution is January 20, when President Clinton's term runs out.

Question from Mike: What about Broward votes for Gore when there was NO vote for president, but a Democratic ballot?

Bill Schneider: Well, Broward County ballots were counted by a more liberal standard than those in Palm Beach County. I believe the Supreme Court considers the Broward count finished and does not require Broward to recount those ballots. However, the Bush campaign may decide to make an issue of the standards used in Broward County.

Question from Ejdm: If this goes all the way to the U.S. Congress, is it possible that Al Gore could be the deciding vote in the Senate, as I've heard some suggest? Would he have to recuse himself?

	MESSAGE BOARDS
Courts and the Constitution Presidential race 2000 The Election process

Bill Schneider: I believe he could have the deciding vote and would not have to recuse himself. That is the duty of a vice president, who acts as president of the Senate under the Constitution. By the way, Senator Lieberman would also have a vote.

Question from Nelfel: What are the real options that the Bush campaign has, should this turn the election against them?

Bill Schneider: The Bush campaign is likely to seek an immediate emergency injunction to prevent the recount from getting underway. It will then appeal the Florida Supreme Court ruling to the U.S. Supreme Court.

If the U.S. Supreme Court refuses to take the appeal or upholds the Florida Supreme Court ruling, there's only one hope left for Bush. Win the recount. Or, secondly, persuade Congress -- including a Democratic-controlled Senate -- to throw out the Gore electors in Florida.

Question from SeanS: How soon might the Court of Appeals in Atlanta grant the emergency injunction filed by the Bush campaign?

Bill Schneider: This is an extraordinary case. I imagine they would understand the pressure to decide quickly tonight or tomorrow, because the counting is likely to start tomorrow.

Question from Crazyarky: What will happen if we don't have a president by January 20?

Bill Schneider: There are provisions in the Constitution for an acting president to be appointed by Congress and for a succession of officials if no acting president is named. House Speaker Dennis Hastert is at the top of the list, followed by President Pro Tem of the Senate Strom Thurmond.

Chat Moderator: Do you have any final thoughts to share with us?

Bill Schneider: We are in a new political galaxy. We have never been here before, the Courts have never been here before, the Congress has never been here before and no one alive has ever seen anything like this before. So what happens next is not entirely certain. But I will say that the prospect of bitter partisan warfare has just increased immensely.

Chat Moderator: Thank you for joining us today.

Bill Schneider: It was my pleasure and I hope to chat with you again soon. This story will go on.

Check out the CNN Chat calendar
Post your opinion on our message boards

Florida Supreme Court orders recount
12/8/00
Florida Supreme Court shrinks Bush's lead, orders statewide recount of undercount
12/8/00
Democrats lose bid to throw out 25,000 absentee ballots in Florida election
12/8/00