The Gore position sounds better until you think about what it means.
First, defining "misvoted" is difficult-- and the arguments over it mean that the desire of a majority of clever lawyers and biased judges wins, not a majority of the citizens.
Second, it is not clear, by the will-of- the- majority logic, why we should exclude the desires of people who forgot it was voting day, or were out of town but forgot to get absentee ballots, or who just didn't care enough to find out how to register and vote. And what about people who admit they wanted to vote for Gore that day, but have changed their minds since then?
Third, allowing the rules to be changed is unfair to candidates who designed their campaigns to fit the rules. The Bush campaign thought we would retain the rule that spoiled ballots would not count, so it spent effort explaining how to vote to old people who might become confused, leaving less effort for TV ads. The Bush campaign thought the electoral college would be retained, and so it campaigned very little in California and New York. If the rules had been different, so, perhaps, would the results-- we can't know unless we entirely redo the election.