By: Feri Amsari
After Bush v. Gore case (2000), there is no significant progress to adjudicate recount dispute on American election. Because that case was not finished with final decision by the Supreme Court which cannot explain clearly what happened in Palm Beach, Florida’s election, every recount dispute in America seems ended without certainty of vote’s value.
When I tried to review Wexler v. Anderson case, I found the same question about recount dispute while several states like Florida used electronic voting system which is paperless technology. Without paper ballot, U.S. Congressman Robert Wexler argued people cannot ask any complaint to review election result in the event of a manual recount. (Daniel P. Tokaji, Election Law in a Nutshell, 2013, p. 173). These two cases have a similar problem with the machine, but we should realize a main problem is people lose their vote value in election which is the vote itself. Where is the vote going?
Even though in the case of voting rights America steps forward than many countries throughout the world, but America has a problem with the most essential part of election protection rights. An essential part of election rights issues is how to protect the vote of the people. In Bush v. Gore, we found many votes were wasted. This case is not only talking about equal treatment in election but also speaking about how people rights to choose their own candidate in election can be saved. It does not matter who will be elected in an election, but it becomes matter if people right to vote their candidates is wasted because their vote is not counted.
I ensure that similar case like Bush v. Gore will be repeated someday. If Supreme Court and other court will decide with similar verdict in Bush v. Gore, people will be asking for their purposing to come to electronic voting machine. If their votes are not counted, people will not come to the Election Day.
Almost 13 years after Bush v. Gore, America, especially the court, still cannot find mechanism to protect people votes. Meanwhile another country such as Indonesia has judicial mechanism to protect people votes in election. Every people, especially candidate can come to the Constitutional Court to contest election result if they find any unfair conduct during election which is related to the amount of the votes. In other side, as we know a basic idea of the Constitutional Court come from American judicial system.
As judicial body which has so many great decisions, it is little bit weird for me if the Supreme Court or other state court cannot find the solution to recount the votes of the people. I just do not believe that American people do not “yell” as loudly as in the cases of women rights to vote and racial issue in election. But in other side, I believe the Supreme Court will decide to recount every vote to protect people rights in election as long as people will keep to ask their rights. Just wait!