The Gore team used a mistaken argument about "dimpled" ballots, before the Florida Supreme Court. See Washington Post article "Most States Don't Count Dimples" Nov 24, 2000.
Election lawyers in Illinois say that the Gore team and the Florida Supreme Court were mistaken this week in citing an Illinois Supreme Court decision in 1990 as a precedent for ruling dimpled ballots are acceptable.
In a passage quoted by the Florida court, the Illinois judges said that voters should not be disenfranchised "simply because the chad they punched did not completely dislodge from the ballot." But the ballots at issue in the Illinois case involved mostly "hanging" chads much more detached from the punch card, those involved in the case said.
"The Florida Supreme Court misinterpreted the Illinois Supreme Court," said Burton Odelson, who represented Marjorie Mulligan in the heated recount at issue in that case. Mulligan was initially declared the winner of a GOP statehouse primary in suburban Chicago by 34 votes but after the court case was found to have lost by six.
After the Illinois court sent the contentious case back to the Cook County trial judge, he never counted any of the bulging chads as valid votes, Odelson and Mulligan said.