November 25, 2000, Saturday, Final Edition

SECTION: PART A; NATION; ELECTION 2000; Pg. A4

LENGTH: 687 words

HEADLINE: Gore lawyer's ballot affidavit was false

BYLINE: Steve Miller; THE WASHINGTON TIMES

DATELINE: WEST PALM BEACH, Fla.

BODY:
   WEST PALM BEACH, Fla.  - Attorneys for Vice President Al Gore obtained a
false affidavit from a Chicago lawyer in an effort to support the contention
that dimpled ballots are to be counted in hand recounts in two Florida counties.

   The Cook County case cited in the affidavit was quoted by the Florida Supreme
Court this week in its decision to allow manual recounts and stipulate a method
for discerning voter intent in two largely Democratic counties.

   The Nov.  22 sworn affidavit from Michael Lavelle, a Cook County attorney who
was representing a Republican plaintiff seeking state office, says that a Cook
County trial court accepted indented or dimpled ballots as indicating a voter's
intent.

   He also stated that the Illinois Supreme Court directed the trial court to
"make a visual inspection of each of the ballots unable to be counted by the
automatic tabulating equipment and to determine vote intent on these indented or
dimpled ballots."

   Democrats are battling in circuit courts in two Florida counties to get the
dimpled ballots counted as valid in hopes of overcoming the official, though
uncertified 930vote lead of Texas Gov.  George W.  Bush.

   During arguments before the Florida Supreme Court, Mr.  Gore's attorneys said
that the Illinois Supreme Court ruling "was a sweeping directive to count
controversial 'dimpled' ballots, in which ballots were indented but not punched
through."

   The Chicago Tribune reported Wednesday that Gore attorneys called Mr. Lavelle
- who contributed $1,000 to Mr.  Gore's campaign in September 1999 - late
Tuesday asking for an affidavit that recalled the trial judge counting indented
ballots.

   Mr.  Lavelle told the newspaper he faxed the affidavits Wednesday morning to
attorney Mitchell Berger, who said he would submit them in cases in two Florida
county courts.

   But Mr.  Lavelle, who did not return calls, was wrong in his assertion, as
was the Florida Supreme Court in citing the case.

   " The Florida justices were correct on the citing, but they don't know how
correct they are," said Burton Odelson, who represented the defendant in the
1990 lawsuit in question.  "The case pertains to counting dented ballots, but
the Illinois Supreme Court said that dented ballots should be excluded, not
accepted.

   "And I think that this will ultimately be the law that must be interpreted
here," said Mr.  Odelson, who arrived in West Palm Beach yesterday.

   Mr.  Odelson also swore out an affidavit, asserting that the Illinois Supreme
Court case "is cited as precedent for virtually all recount cases since the
decision was rendered by the Supreme Court."

   He also swore that the judge, Francis Barth, in his case did not count
ballots bearing an indentation on the ballot, a claim supported by a court
transcript.

   The judge in the case "counted ballots he found to be of the 'pinhole
classification' . . . light could be seen through the pinhole and the ballot was
counted."

   "It is undisputed that Judge Barth did not count any ballots that contained a
'dent' without some other indication of voter intent," Mr. Odelson wrote.

   According to the transcript in the circuit court case upheld by the Illinois
justices, the "sunshine rule" is an assumed presumption of voter intent in the
case.  No dented ballots were ultimately counted.

   The Gore camp did not return repeated calls.

   Calls to the Florida Supreme Court also went without response, and it is not
yet known how the new revelations will affect that panel's decision.

   But, in the case of any false affidavit, an effort must be made immediately
to "purge the perjury," said a Republican attorney who spoke on background.

   "Both the person and the people who solicited the affidavit should report it
immediately," said the attorney.

   Added Mr.  Odelson: "It is incumbent upon whoever filed the affidavit to
withdraw it."

   The courts were closed for the holiday and will reopen Monday.

   The Illinois case was also cited in a Wednesday ruling by Florida Circuit
Court Judge Jorge Labarga, who ruled that Palm Beach County canvassing board
members could not rule out dimpled ballots in their count.