The Peculiar Effects of the 2000 Election

The Supreme Court’s resolution of the 2000 presidential election has had peculiar ramifications in disputed elections in emerging democracies like the Ukraine. The Washington Post reports that Ukrainian Prime Minister Viktor Yanukovych is refusing “to accept defeat in the country's presidential election and vowed Monday to ask the Supreme Court to overturn the result, claiming that millions of his supporters were disenfranchised and that there was systematic fraud.”

Of course, after the first presidential election when Yanukovych won amid widespread and credible allegations of fraud, the Ukrainian Supreme Court intervened and ruled that a new election was necessary. This time, it’s not surprising Yanukovych went down in defeat, and it’s also not surprising that Ukraine’s supreme judicial body has been asked to intervene again. Amidst criticism by the United States and Europe regarding the outcome of the first election, a result that Russian President Vladimir Putin sought and enabled, Putin shot back saying, "Do you think that the electoral system in the United States is without flaws?" Putin said. "Need I remind you of how their elections were held in the United States?"

We all should be very thankful for John Kerry’s decision not to dispute the election results in Ohio, as such legal fights only serve to undermine democracy in the world’s eyes and enable critics of democracy like Putin. And who’s to blame for this rush around the world to contest election results? Al Gore and the Democratic Party share much of the blame, with their strategy of count and recount until we win, which was most effectively used recently in the race for governor of Washington State.

Sadly, Gore’s actions in contesting the election in 2000 have strengthened the judicial branch – the only branch managed by unelected officials – in all nations possessing similar systems. The difficulty is whether nations like the Ukraine will continue to have a strong system of checks and balances to ensure that democrats, respectful of popular representation, are appointed to judicial positions or will the shadowy hand of Vladimir Putin be lurking in the background, to control Ukraine’s judiciary in the future? I urge Americans and Ukrainians to be vigilant and skeptical of unelected judicial officials managing our democratic process.