''"The equal protection issue arose because different localities within Florida were using different specific standards to determine whether to count a ballot as having a valid vote."''
''"The Supreme Court ruled that this differential treatment of identically marked ballots violated equal protection, at least in the context of a single statewide election. The court observed that the one-person-one-vote jurisprudence emanating from such precedents as Reynolds v. Sims (1964) and Harper v. Virginia Board of Elections (1966) protects not just “the initial allocation of the franchise” but also the “manner of its exercise.” The key point was that all eligible voters in the same election were entitled to have their ballots treated equally in the counting process."''
This is the argument they are going for!
https://www.scotusblog.com/educational-resources/bush-v-gore/