-Caveat Lector- U.S. Supreme Court Takes Custody Of Contested Ballots From Florida By ANNE MARIE CHAKER and JESS BRAVIN Staff Reporters THE WALL STREET JOURNAL TALLAHASSEE, Fla.--The U.S. Supreme Court has ordered that more than 12,000 Florida ballots contested by Al Gore be sent to Washington along with other legal papers in the case of Bush vs. Gore. At 5 p.m. Saturday, hours after a bitterly divided high court commanded a halt to the vote recounts ordered the day before by the Florida Supreme Court, officials in Tallahassee prepared to send the ballots to Washington, said John Stott, chief deputy clerk for the Leon County courts. The ballots include some 9,000 "undervotes" -- ballots that failed to register a presidential choice on machine readers -- from Miami-Dade County, plus about 3,300 challenged ballots from Palm Beach County, Mr. Stott said. The Florida high court had ordered a count of the Miami-Dade undervotes, but not of the Palm Beach ballots, which the state justices ruled already had been properly hand-examined by that county's canvassing board. Leon County Elections Supervisor Ion Sancho, who had assisted court staff in counting the Miami-Dade undervotes, said that 4,000 of the ballots had been examined before the U.S. Supreme Court order, and that between 3% and 6% of them were discovered to have actually indicated a choice for president. Mr. Sancho said that due to a Leon County Circuit Court order, he could not reveal how many of those votes went to Texas Gov. George W. Bush or Vice President Al Gore. Mr. Stott said the ballots had been transferred from the Leon County court offices to the Florida Supreme Court clerk's custody, for shipping to Washington. Mr. Stott said he did not know when the ballots would begin their journey. Bush lawyer Phil Beck said that "it's routine for [the Supreme Court] to get all the exhibits and it so happens that in this case the ballots from these cases are exhibits." For that reason, "the justices may not even know that they've got the ballots coming." Gore lawyer Laurence Tribe, however, saw the request for the ballots as hardly typical. He said he had heard a Florida Supreme Court clerk joking with a counterpart at the U.S. Supreme Court about the possibility of taking the ballots off of Florida's weary hands. But he was surprised to learn that such an order actually had been issued. Mr. Tribe, a professor at Harvard Law School, said that while he "wouldn't ordinarily speculate" about the future of the ballots should the U.S. high court reverse the Florida court, "the opinion of Justice [Antonin] Scalia invites it." Five justices, including Justice Scalia, ordered the counts stopped, at least until the high court hears arguments on Monday. In a separate opinion only he signed, Justice Scalia said that counting the votes threatens "irreparable harm to [Mr. Bush], and the country, by casting a cloud upon what he claims to be the legitimacy of his election." Given that, Mr. Tribe said, "you wouldn't have to call it too elaborate a conspiracy theory if the court were to conclude that no legitimate purpose can be served by counting them" -- ever. That would prevent any future embarrassment to a possible Bush presidency should a later count show that Mr. Gore got more votes. "It does seem to be the view of five members of the court that there's something illegitimate about counting them," Mr. Tribe said, and those justices may wish to head off "the specter of having them counted after the inauguration by some doctoral candidate from Michigan State armed with a Freedom of Information request." 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