Federal trial on vote-recount rules begins

[Judi Lynn]

Posted on Tue, Oct. 19, 2004


Federal trial on vote-recount rules begins

With two weeks to go before Election Day, a federal lawsuit challenges the state's recount rules for electronic voting machines.

BY ERIKA BOLSTAD
[e-mail]


A federal trial got underway Monday in a lawsuit challenging the way Florida handles recounts on electronic voting machines -- the same day thousands of people across the state used the equipment on the first day of early voting.Voters should have the option of using machines or voting on paper when they go to the polls two weeks from now, argued lawyers for U.S. Rep. Robert Wexler, the Boca Raton Democrat who brought the suit.

''What's going to happen when we possibly do have a close race in the presidential elections and either candidate wants a manual recount?'' Wexler asked in Fort Lauderdale federal court. ``These machines . . . are inherently incapable of conducting a manual recount.''

The suit alleges the state's recount rules violate equal protection standards in the Constitution, because the 15 counties using touch-screen equipment have different rules from the 52 remaining counties with optical scan systems.
(snip)

State officials say the elections division's recent emergency rule does address Wexler's concerns. It requires officials to make a printout from each touch-screen machine listing how many ''blank ballots'' were cast in a race. Officials then must make sure the number of blank votes cast match earlier totals.
(snip/...)

http://www.miami.com/mld/miamiherald/news/local/states/florida/counties/broward_county/9953868.htm
(Free registration is required)

[Davis_X_Machina]

1. According to case law, claims cannont be raised...

... under the equal protection clause prior to a determination that application of the clause will help a Republican.