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he never-ending
presidential campaign of 2000, which stretched for 36 days beyond
the traditional November end point, was one for the history books.
And as such, it attracted the attention of a range of academics:
law professors, historians, political scientists, and communications
experts.
But another group of academics also found themselves riveted to
the drama in Florida: statisticians. It led to a bonanza of interest
among professional statisticians. In particular it led to discussions
in many statistics classes, including my own, on the applications
of sampling and other issues. A rash of articles and even web
sites discussing the issues, appeared in the days following the
election. Contrary to how the public felt, we statisticians found
the debate and the delay incredibly interesting. As a matter of
fact, many of us were sorry that it ended.
To recap briefly: On election night, the television networks,
acting on estimates by the Voters News Service (VNS) prematurely
said Democratic candidate Al Gore was the winner of Florida and
its 25 electoral votes. That was at roughly 7:50 p.m. election
night. Two hours later, they retracted this projection, stating
that Florida was too close to call. Early the next morning, Republican
candidate George W. Bush was named the winner of the Sunshine
State and its crucial electors, which were enough to give him
271 electoral votes and the Presidency. About one hour and 40
minutes later this projection was retracted and once again Florida
was too close to call. This led to the unprecedented and bizarre
situation where the Democratic candidate, Gore, retracted his
concession, made privately to Bush.
According to Warren Mitofsky, who was the founder and the former
director of VNS, the reasons for these occurrences were as follows:
the first projection, that Gore won Florida, was caused by statistical
error. We have to remember that projections, based on exit polls,
are subject to error with a low probability of being incorrect.
Projection mistakes do occur and this was such a case. However,
the second projection, that Bush won Florida, was caused by a
data error in Daytona Beach, which is in Volusia county. Twenty
thousand extra votes were mistakenly credited to Bush by VNS shortly
after 2 a.m. on November 8, 2000. The county noted the correction
before 3 a.m. that morning, decreasing Bush's lead by a total
of 25,000 votes.
The next day, it was revealed that the actual margin was remarkably
close, about 1,700 votes out of six million cast (or less than
0.03% of the total votes cast). Indeed, Floridas election
law required that if the margin of victory for any candidate was
less than one half of one percent of the total votes cast, a recount
would be mandatory. As the margin was much less than 1%, a machine
recount had to be carried out. The recount was carried out, resulting
in an even narrower gap of roughly 350 votes, with Bush still
in the lead (without a count of an expected two to three thousand
overseas absentee ballots).
he
recount process was further complicated by several concurrent
lawsuits, charges and countercharges of election-day shenanigans,
ballot irregularities, and political bias. One of the issues was
the confusing use of the butterfly ballots in Palm Beach County,
which may have resulted in a large number of Gore voters mistakenly
voting for Reform Party Candidate Patrick Buchanan. Buchanan received
a much larger than expected number of votes in this county (approximately
2,500 more). As a result of these lawsuits, the public has been
exposed to statisticians who have testified as expert witnesses
in various court cases.
One of the key issues to be resolved was how to count the so-called
undervote. The undervote represented the ballots which were cast
but for which the machines, for one reason or another, did not
record a vote for President. And heres where the statisticians
came in. One of the main questions was the use of probability
and statistics to determine whether or not to carry out a hand
count of the Florida undervote.
Apart from the complicated legal propositions, there were three
statistical questions necessary to answer in order to establish
whether a statewide recount in Florida should be undertaken. First,
was there a substantial number of ballots cast for the presidency
for which no vote was recorded by machine? Second, could a substantial
percentage of these ballots be recovered, so as to classify ballots
for which a vote for President was recorded? Third, was there
a probability, however remote, that the election result in Florida
could be affected by a full count of the votes?
n testifying
for the Gore-Lieberman campaign in one of its Florida state lawsuits,
Yale statistics professor Nicolas Hengartner weighed in on the
subject. He demonstrated that the first two conditions were met.
Arguing for a hand count of the ballots which were not counted
by the machine in three Florida counties, Hengartner showed that
there was an undercount, which ranged from an average of 1.5%
in counties using old-style punch cards to an average of 0.3%
in counties using more sophisticated optical scanning devices.
Furthermore, he reported that varying percentages of these ballots
(in the neighborhood of 25%) could be identified as votes for
president by using hand counts, based on data obtained in the
counties, which had already carried out hand counts. He did not
testify on the third issue. However, the vote was so close that
the probability of overturning the election of Florida, although
difficult to determine, was not negligible. Cross-examination
of Hengartner involved the issue of whether the undercount was
machine related. In other words, did the punch card machine cause
this undercount? This is a much more difficult question to answer.
This issue is important to resolve in order to determine the future
use of punch card ballots in elections. However, in this present
situation, it is not relevant because the important issue is whether
or not an undercount did occur and not the reasons for this occurrence.
And the evidence did establish that there was an undercount.
Ultimately, the testimony of this statistician failed to carry
the day. The Florida Supreme Court did rule that a statewide manual
recount of all ballots should be undertaken. But the U.S. Supreme
Court in December brought the counting to a stop, paving the way
for Floridas state government to bring the matter to a close
and award the states electors to Bush.
To this statisticians mind, a full statewide recount would
have been the optimal solution. Any partial recount i.e.
recounting the votes in selected counties could have been
biased. And while a partial recount may have favored one candidate
over the other, it would not have satisfactorily answered the
vexing question as to who really won the popular vote in Florida.
A hand recount may not have been a perfect solution. Uniform procedures
as to how to classify the undervote as a vote may have been difficult
to establish, but it was not impossible. And it is certainly preferable
to ignoring the undercount.
A courtroom setting is not the ideal place to demonstrate the
application of probability and statistics. Part of the problem
is the fact that the concepts of statistics are difficult for
the layperson to understand. The issues became even murkier in
a courtroom where dueling attorneys raised questions on issues
that are already confusing. The confusion, which the public must
certainly have felt, is echoed by a famous quote by Benjamin Disraeli,
a nineteenth century Prime Minister of England, who said: There
are three kinds of lies: lies, damned lies, and statistics.
I will make two predictions. First, this issue will not go away.
Currently, there are several groups counting the undervote under
various criteria. Second, in future elections, the use of punch
card balloting will disappear.
Aaron Tenenbein is professor of statistics and actuarial
science at NYU Stern.
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