As a result, Ireland and Mexico emerged as pivotal votes.
The pivotal vote in the Senate last week, 14 to 10, was also short of two-thirds.
Mexico holds a pivotal vote on the Security Council as it debates how to confront Iraq.
Rarely in recent presidential elections has there been a more pivotal vote than the one in the South Carolina primary today.
The court also ordered that the candidate who is victorious after the recount must be awarded Florida's pivotal 25 electoral votes.
On a sharply polarized Court, Justice Kennedy's is most often the pivotal vote.
Mr. Nunn, a pivotal vote, has staked out his bottom line.
That would leave Justice O'Connor, the first woman on the Court, as the pivotal vote.
Legislators who were considered possible pivotal votes reported that the lobbying on the issue was unrelenting.
They said the split suggested that Mr. Smith could become a pivotal vote on the death penalty.