Posted on 10/17/2004 4:52:41 PM PDT by blogblogginaway
As Floridians cast their first presidential votes on paperless electronic touch-screen voting machines Monday morning, a federal judge in Fort Lauderdale will begin hearing arguments on whether Florida's electronic voting systems violate the U.S. Constitution.
The U.S. District Court trial on Democratic U.S. Rep. Robert Wexler's lawsuit against Florida elections officials begins on the same day that the state opens early voting for the Nov. 2 election.
The timing of the trial, which will feature testimony criticizing the reliability of touch-screen voting, bothers many elections officials.
"It erodes the confidence of our voters," says Pasco County Elections Supervisor Kurt Browning, who says electronic balloting is safe and reliable, and that Wexler is scaring voters needlessly.
"We don't have time for this right now," says Palm Beach County Elections Supervisor Theresa LePore, one of the defendants in Wexler's suit. LePore, who lost her Aug. 31 bid for reelection to a Wexler-backed challenger, will be in court Monday after being subpoenaed by Wexler, of Delray Beach.
Florida Secretary of State Glenda Hood and Indian River County Elections Supervisor Kay Clem are also defendants.
Wexler attorney Jeffrey Liggio makes no apologies for the suit coming to trial on the eve of the election. The complaint was filed in March, he notes, but "the defendants have successfully run the clock" by raising procedural challenges.
In the spring, the defendants persuaded Judge James Cohn that the suit did not belong in federal court because it was similar to a lawsuit Wexler filed in state court. But an appeals court last month said Cohn should consider the merits of Wexler's suit.
Wexler's suit claims that having different voting systems in Florida some electronic, some paper violates the Constitution's equal protection clause.
Palm Beach County and 14 other Florida counties use touch screens. In 52 other Florida counties, voters use paper ballots read by optical scanners. In a close election, the paper ballots can be manually recounted. In the 15 counties that use touch screens, voters cast intangible ballots that cannot be hand-counted.
Hood, the state's top elections official, on Friday ordered that, in the case of a close election, supervisors in touch screen counties make paper printouts of ballot images to be counted, but the new rule doesn't satisfy Wexler or electronic voting critics. They have said proposals like Hood's amount to a "reprint" rather than a recount.
If Cohn agrees with Wexler in the trial that begins Monday, it's unclear whether he could prescribe any legal remedy in time for the presidential election.
Wexler has said he'd like touch screens to be outfitted with printers that would produce ballots voters could verify before casting their electronic votes. The printouts would create a backup "paper trail" that would settle questions in a close election, Wexler says.
Because a paper trail can't be put in place during the next two weeks, Liggio said Friday he will ask Cohn to order a variety of interim measures to increase scrutiny of electronic voting systems. Liggio also repeated his suggestion that poll watchers compare the number of voters who sign in at precincts with the number of votes cast on electronic machines.
"If you do that during the day, you'll know if you have a machine that's not counting properly," Liggio said.
LePore said that idea would create chaos at the polls.
"I can foresee a major problem, especially in busy precincts, because of these outsiders coming in and trying to count signatures," said LePore, who envisioned angry voters waiting in line while poll watchers hold up voting to conduct their counts.
This must be the Drudge story. Maybe he ought to link to FR.
As far as I can tell the main problem with computer voting is that you can't cheat on a recount. The computer just gives the same number everytime you do a recount.
The Democratic Party has discovered that the new electronic voting machines where made by a subsidiary of Haliburton and that their embedded software alows them to determine whether the voter is African American.
It feels like we are in a third world county.
So if the vote comes out in their favor, fold the lawsuit. If it comes out against, raise the stick of a century. "We were already on record against this scheme which the President's brother concocted to steal the election yet again"
Disregard previous. Drudge's story is even more scary.
So, what the heck, if the ultra liberal Wexler wants to keep messing around with the voting system, this close to the election, let's just eliminate Florida from the Presidential race. That would likely mean the House gets to choose the next President, and the House is Republican controlled.
If the liberals have their way, we will be soon enough.
Lots of states are doing early voting. I heard that voting in Oregon is done completely by absentee ballots.
Drudge's story is about democRats picking up absentee ballots at voters' doors and "delivering" them to the precincts. In violation of Florida law, but at the direction of the Kerry Campaign in Florida.
First paper ballots are unfair so we went to electronic voting. Now electronic voting is unconstitutional. Isn't it a little close to the election to change anything?
Between this election and our Church, I've about HAD IT!
I loved the Afghanistan method ... indelible ink on a voter's thumb to prove he has not already voted. Assuming it really is indelible, it's a simple yet elegant solution to democRat cheats.
What do we know about the judge in this case?
The only thing wrong here is that the software could still print the voter's preference and record the programmer's preference. A recount would have to be based on the printed ticket.
the last bastion in the liberal arsenal. Legislate from the bench... screw 'em.
The libs are so frickin stupid that they didn't realize with computer technology, digital video and the internet... all the little private shenanigans are being exposed for the public to see.
That's what the libs can't stand, real and unambiguous proof of their lying and cheating.
Without the media's cover, they are trying to "steal" the election by putting it into the courts.
It would be interesting to see if all the fraud that has happened over the last 30-35 years is exposed in voting, polling and news coverage will lead to the implosion of the left wing liberal parasites. Now if they would only drink the Kool-Aid and do Americans a favor.
I read that report. Scary at the least. But the Republicans are all over it and it's plain in the law. Yet, I'm getting discouraged. Ok snap out of it...Ok..I feel better now...
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.