r44, Florida's legislature was absolutely 100% OK with allowing the 2000 election to be "done over" (at least, for President), throwing out the original ballots (at least, for counting purposes... they obviously would have ended up in an archive or something forever as a historical record) and holding a new one. They made only one demand: that ANY Floridian who was registered to vote be allowed to participate, regardless of whether or not they'd voted on the first election day.
This put the Democrats, and specifically the Gore campaign, in a no-win situation. In 2000, Florida was OVERWHELMINGLY Republican, and literally everyone (including Gore) expected Bush to win Florida by a landslide. The ONLY reason the election ended up being as close as it was in Florida was because so many Republicans took a Bush landslide for granted & didn't bother to vote.
Had the election been "done over" in Florida, with participation limited to ONLY those who were confirmed to have actually voted the first time around, Gore might... or might not... have narrowly won Florida the second time around. However, if the election were "done over" and ALL registered Florida voters were allowed to vote (even if they hadn't the first time around), pretty close to 100% of Florida's Republicans would have turned out to vote, and Gore would have lost by a landslide (as predicted).
Gore was in a terrible position. If the Democrats got the Florida Supreme Court to order a repeat election open only to those who'd voted the first time around, Republicans would have NEVER accepted it as legitimate, would have screamed "stolen election" forever, and quite a few people would have agreed with them, because democracy isn't supposed to depend upon winning on narrow technicalities. If the Republicans had held a repeat election open to everyone, the Democrats would have never let anyone forget that Gore might have won the original election, and THEY would have howled about it being a stolen election.
The worst of all possible outcomes would have been a repeat election open to all Floridians where Gore lost by a landslide, followed by endless re-analysis of the original ballots from the first time around that suggested he might have actually WON after all the first time around. That would be the LITERAL definition of "clusterfuck", because then BOTH Republicans AND Democrats would have had completely legitimate cause to believe the election had been "stolen" by the other party.
That's also why Florida's Republicans DIDN'T re-do the election. They knew it was absolutely ESSENTIAL that any rules for a repeated election in Florida be unambiguously bipartisan and approved by the Bush and Gore campaigns, the Republican and Democratic Parties' leadership, AND a near-unanimous bipartisan vote in the Florida legislature. They also knew it would never, ever happen.
Eventually, Gore did the honorable thing and conceded. He himself thought the idea of limiting participation in a "do-over" election to only those who'd voted the first time around was wrong & unsportsmanlike. He knew that approximately half the country would NEVER accept the results of a "handicapped" do-over election as legitimate, and he didn't want to participate in setting a precedent for it.
The fact is, there WAS no strategy for a "do-over" election in Florida that would have passed everybody's "smell test" and sensibilities. If nothing else, 2000 made it abundantly clear to everyone how vitally important it is for states to "get it right" the first time, because there's NEVER going to be a second chance to do it over that everyone will regard as fair and legitimate.
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