Going against Kerry is a Republican Secretary of State, public sentiment against another drawn-out battle, and months of pre-election legal wrangling by Republicans specifically done for an occasional like this.
I think the best solution in terms of limiting damage to our democracy while upholding its principles has two parts.
One, an immediate counting of a random sample of the ballots so we can have an idea if a full count in necessary. Kerry should offer to accept the findings of the sample as a predictor of whether to carry on.
Two, an extra day to vote for anyone who wanted to do so but was turned away by the extremely long lines.
This is a real problem that some people in Ohio faced. It's great when people wait 4 hours in line to vote, but it shouldn't be a requirement. There are some people who wanted to vote but couldn't wait several hours to do so because of their job, family duties, and so on.
It comes down to the question: is relatively easy voting a right or a privilege? I consider it a right, and legal theory may too. One hour is a reasonable amount of time to wait, but we're not a Third World country. No one should have to miss a half day or work or leave their kids home for hours so he or she can vote. And as this would only affect a sliver of the population, it wouldn't require a great number of polling places to be open or volunteers to pull it off.
If we act quickly, we can have Ohio settled in less than two weeks and in a way that is at least better than the way we settled Florida 4 years ago. It's important that there are no doubts surrounding the legitimacy of any President, and letting people who turned away when waiting in line switched from inconvenience to burden is a pro-democracy move that both sides should favor.
It's easy to be against lawsuits. Would the President find as much support for denying the rights of people who wanted to vote?
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