Judge unlikely to order new vote in Palm Beach County

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Judge unlikely to order new vote in P. B. County

By Noah Bierman, Palm Beach Post Staff Writer Friday, November 10, 2000

Palm Beach County's Democratic office is in full campaign mode.

Volunteers have hung around past 10 p.m. each night since the election, fielding thousands of confused voters' calls on four dozen phones, said Monte Friedkin, local Democratic Party chairman.

But that's nothing compared with the effort both parties would spend on a new election, in the unlikely event that a judge ordered Palm Beach County voters to recast their presidential ballots. Although most lawyers and partisans believe local judges wouldn't risk setting precedent by throwing out a presidential election, several voters have filed suits demanding they do so.

If that happened, strategists said voters could expect around-the-clock politicking, not to mention the media scrutiny that would go on if a single county determined the leader of the free world.

"You'd have the world centered on Palm Beach County. My God, It'd be worse than the O.J. Simpson trial," said Anita Mitchell, a local George W. Bush activist and occasional political consultant. Mitchell also predicted the high pressure could lead to incidents of dishonesty.

Candidates would move their entire operations to Palm Beach County, politicos speculate. They'd buy up the airwaves; they'd call nonstop.

Andre Fladell, a Democratic activist who filed one of the suits to overturn the election, acknowledged his suit could create a frenzy if it's successful.

Democrats believe Pat Buchanan garnered 2,000 to 3,000 of his 3,407 votes from Democrats who accidentally punched the wrong hole.

As further evidence of confusion, Democrats point to the 19,120 ballots rejected because voters punched more than one hole.

Voters who filed suit to overturn the election differ on whether the new election should include all Palm Beach County voters or just those who voted in Tuesday's elections. They agree they would only want the presidential race on the ballot, not the other races that were decided with less controversy.

Any lawsuit attempting to overturn the election will undoubtedly reach Florida's Supreme Court and probably the U.S. Supreme Court.

Those who support a revote say there is legal precedent. Florida's Supreme Court ruled in a 1998 Volusia County case that a judge can void an election if he finds "substantial noncompliance" with laws governing voting procedures.

Those opposed to voiding the election point to a 1974 appellate court decision involving the issue of ballot confusion.

In that case, the 2nd District Court of Appeal ruled that a Pinellas County judge made a mistake in voiding primary election results involving five county officials who complained that the configuration of their names on the ballot confused voters.

Several voters testified in the circuit court hearing that they were confused by the ballot configuration. The judge subsequently ruled that the ballot was "confusing and prejudicial" and voided the election. But the appellate judges noted that courts have generally declined to void elections unless ballot defects clearly disenfranchise the voter.

"But mere confusion does not amount to an impediment to the voters' free choice if reasonable time and study will sort it out," the judges wrote.

The right to vote assumes a citizen's ability to read and "his intelligence to indicate his choice," they added.

County Administrator Bob Weisman said it would cost about $300,000 to conduct another countywide election. County Commissioner Carol Roberts, a member of the election canvassing board, said she believes it would take two weeks to print ballots and secure polling places for another election. It usually takes a month, said Deputy County Administrator Pat Miller.

Frank Demario, GOP chairman for Palm Beach County, finds the prospect of a new election laughable.

"I think there would be people going to homes and dragging them to vote. I think it's ludicrous to have an election all over again," Demario said. "I received a sample ballot. I looked at my sample ballot. To me, I think a vote is precious and I think you should pay attention."

Staff writers John Pacenti and Gary Kane contributed to this story.

noah_bierman@pbpost.com

Judge unlikely to order new vote in Palm Beach County

-- Ain't Gonna Happen (Not Here Not@ever.com), November 10, 2000

Answers

Any lawsuit attempting to overturn the election will undoubtedly reach Florida's Supreme Court and probably the U.S. Supreme Court.

I don't see how it could reach the US Supreme Court unless there's a question of civil rights violations, as Jesse Jackson is contending. I don't think he'll get anywhere with that, though. Other than that, this is a Florida matter and should be settled within Florida. Janet Reno was pretty clear about not wanting to get involved in what is clearly an issue of Florida state law.

-- (hmm@hmm.hmm), November 10, 2000.


Those who support a revote say there is legal precedent. Florida's Supreme Court ruled in a 1998 Volusia County case that a judge can void an election if he finds "substantial noncompliance" with laws governing voting procedures.

Those opposed to voiding the election point to a 1974 appellate court decision involving the issue of ballot confusion.

It's more than just a matter of confusion. From what I've learned from the Talking Heads and the endless media nattering, the ballot in question wasn't legal to begin with. According to the laws governing elections, the ballot was *supposed* to have the presidential candidates listed one after another on the same page with the Republican candidate first, followed by the Democratic candidate, AND the punch holes were to be on the immediate right of each candidates' name. With the "butterfly" ballot that was used these legal requirements weren't met.

If we're going to play by the rules then the ballots need to conform with election law and there needs to be a re-vote.

-- Too (Much@TV.com), November 10, 2000.


Too much TV,

Try this thread for enlightenment

-- Uncle Deedah (unkeed@yahoo.com), November 10, 2000.


Unk - thanks for the clarification. I shoulda' known better than to believe the Talking Heads would report accurate info.

-- Too (Much@TV.com), November 10, 2000.

If over 19,000 ballots have 2 holes punched, clearly there is a problem with the ballot. Punching the first hole for Bush was not confusing. The problem was primarily that many punched the second hole for Gore, and then realized it was for Buchanan, so they then punched the third hole for Gore.

It doesn't suprise me that "Ain't Gonna Happen" would support the Nazi-like attitude that those people have no right to have their vote counted.

Just admit it, you're afraid because you know that Gore would likely get AT LEAST half of those votes, and that would make him the winner.

-- (if.bush.wins@it.will.be.by.robbery), November 10, 2000.



The stupid fools who voted for thw wrong person are just too moronic to be allowed to live!!! There SHOULD

-- Idiots_are_voting (Morons@in.Florda), November 10, 2000.

The stupid fools who voted for thw wrong person are just too moronic to be allowed to live!!! There SHOULD BE A RECOUNT,

-- Idiots_are_voting (Morons@in.Florda), November 10, 2000.

The stupid fools who voted for thw wrong person are just too moronic to be allowed to live!!! There SHOULD BE A RECOUNT, AND they should be excluded!!!!

-- Idiots_are_voting (Morons@in.Florda), November 10, 2000.

Yeah, it's kinda like the stupid fool who couldn't figure out how to post a message, so he did it 3 times.

-- bwaaahaaa (fool@are.you), November 10, 2000.

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