Here's a wacky theory: what if Chief Justice Rehnquist resigns due to ill health, and the court is split 4-4 when it has to decide the election. Apparently the Bush folks are preparing a contingency plan for a recess appointment.
I'm going to go out on a limb here: not going to happen. Why? Rehnquist will not resign in the next few weeks. Not his style, not at all. Of course, if someone on the Supreme Court were to actually die, then all bets are off on this one. And that would create a stir….