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Supreme Court: Provisional ballots in wrong precinct don't count [FL]
AP via TBO ^
| Oct 18, 2004
| unknown
Posted on 10/18/2004 9:35:59 AM PDT by Mike Fieschko
TALLAHASSEE, Fla. (AP) -- People who cast a provisional ballot at the wrong precinct aren't entitled to have their votes counted, the state Supreme Court unanimously ruled Monday, rejecting an argument by labor unions that the rule wrongly disenfranchises voters. The court said that the law clearly states that provisional ballots must be counted only if the person was entitled to vote "at the precinct," and that the constitution gives the Legislature the authority to dictate voting rules.
Under Florida law, if a voter shows up at a polling place but officials there have no record of them being registered, they are given a provisional ballot. That ballot is then held until officials determine if the person was entitled to vote at that precinct and hadn't already voted.
If they should have been allowed to vote, the ballot counts; if not, it's thrown out.
But a group of labor unions sued over the ballot law, saying that it unconstitutionally disenfranchised voters who may not know their polling place. They argued that many people have new polling places because of redistricting, may have moved, or may have been displaced by a hurricane.
The court disagreed, saying that requiring provisional voters vote at the correct precinct is no more unreasonable than requiring that everyone else vote at the right polling place.
TOPICS: Front Page News; News/Current Events; Politics/Elections; US: Florida
KEYWORDS: florida; florida2004
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To: Mike Fieschko
----But a group of labor unions sued over the ballot law, saying that it unconstitutionally disenfranchised voters who may not know their polling place. They argued that many people have new polling places because of redistricting, may have moved, or may have been displaced by a hurricane.----Whiiiiiiinnne. If you're so helpless as to be incapable of even finding out where to vote, then you have no business voting at all.
Has the makeup of the Florida Court changed since 2000? Decisions like this don't square with its attempt to steal the election then.
-Dan
21
posted on
10/18/2004 9:55:18 AM PDT
by
Flux Capacitor
("AMERICA-A-A-A!!! F*** YEAH!!!")
To: browardchad
All these sheeple need to do is call their local municipality. But, that too would mean they would know where they live, or that they would have to prove they lived there to begin with.
FL court got it right. If you are too stupid not to go to your own voting area and then you try to vote there anyway, then you are too stupid for your vote to count.
22
posted on
10/18/2004 9:55:24 AM PDT
by
WakeUpAndVote
(TerRAYzuh, she gives African Americans a bad name.)
So now if someone shows up in the wrong precinct and isn't on the voter list he/she can't vote? No, they can still cast a provisional ballot in the wrong precinct. The ruling says that these provisional ballots would then be found invalid because they were cast in the wrong precinct.
To: Mike Fieschko
Alright! One for our side. Now if we can get the decision overturned in Ohio......
It's very simple: if you want to vote, register and show up to vote where you are registered? How difficult can it be????
24
posted on
10/18/2004 9:58:09 AM PDT
by
Rummyfan
To: Mike Fieschko
FL SC gets it right. Oh man the DUmmies are gonna hate this.
25
posted on
10/18/2004 9:58:48 AM PDT
by
finnman69
(cum puella incedit minore medio corpore sub quo manifestus globus, inflammare animos)
To: browardchad
Don't break out the party hats and noise makers so soon, browardchad.
Though this ruling does cut a large chunk out of the DNC/Acorn voter registration flood and fraud marathon in Florida.
I'd heard on Rush's show last Friday that the counties that were hit worst by the recent hurricanes lean heavily Republican.
Correct me if I'm wrong. Since I'm guessing you're a Floridian.
Jack.
26
posted on
10/18/2004 9:58:57 AM PDT
by
Jack Deth
(Mostly Harmless)
To: mabelkitty
Ken Blackwell making the rounds explaining "stop and shop" provisional ballots to the national media, because this will be overturned by the conservative Ohio Supreme Court, as well Well, except for the fact it's being litigated in federal court.
Next stop for the Ohio suit = the U.S. Court of Appeals for the Sixth Circuit
27
posted on
10/18/2004 10:00:19 AM PDT
by
gdani
To: mabelkitty
Ken Blackwell making the rounds explaining "stop and shop" provisional ballots to the national media, because this will be overturned by the conservative Ohio Supreme Court, as well Well, except for the fact it's being litigated in federal court.
Next stop for the Ohio suit = the U.S. Court of Appeals for the Sixth Circuit
28
posted on
10/18/2004 10:02:37 AM PDT
by
gdani
To: Phantom Lord
Someone find for me the article in the constitution that even grants citizens the right to vote.
Art III Section 4. The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each state by the legislature thereof; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators.
Amendment XV: Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude.
Section 2. The Congress shall have power to enforce this article by appropriate legislation.
Amendment XVII
The Senate of the United States shall be composed of two Senators from each state, elected by the people thereof, ...
Amendment XIX
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of sex.
Congress shall have power to enforce this article by appropriate legislation.
Amendment XXIV
Section 1. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any state by reason of failure to pay any poll tax or other tax.
Section 2. The Congress shall have power to enforce this article by appropriate legislation.
Amendment XXVI
Section 1. The right of citizens of the United States, who are 18 years of age or older, to vote, shall not be denied or abridged by the United States or any state on account of age.
Section 2. The Congress shall have the power to enforce this article by appropriate legislation.
29
posted on
10/18/2004 10:05:32 AM PDT
by
Mike Fieschko
(Oh, and Dick Cheney too.)
To: Phantom Lord
Someone find for me the article in the constitution that even grants citizens the right to vote.In Florida:
Article 1, Section 1 Political power
Article IV [in its entirety] SUFFRAGE AND ELECTIONS
That is what SCOFla can rule upon, not the US Constitution. BUT, Article I, Section 4 and Article II, Section 1 of the US Constitution grant the power to decide how to hold elections to the states.
30
posted on
10/18/2004 10:06:05 AM PDT
by
NonValueAdded
(Kerry: I wholeheartedly disagree with you beyond expression)
To: Mike Fieschko
Sorry, forgot to add "for President."
31
posted on
10/18/2004 10:06:37 AM PDT
by
Phantom Lord
(Advantages are taken, not handed out)
To: Mike Fieschko
What bearing, if any, will this decision have on the Supreme Court's decision in Ohio to allow provisionals to vote in any precinct?
To: byteback
That sounds right.
But IF they do.......by some stretch of the imagination.
They don't count!!!
I can deal with that....I think....;-)
33
posted on
10/18/2004 10:07:34 AM PDT
by
LadyPilgrim
(Sealed my pardon with His blood, Hallelujah!!! What a Savior!!!)
To: milford421
What bearing, if any, will this decision have on the Supreme Court's decision in Ohio to allow provisionals to vote in any precinct?
IIRC, the Ohio decision was by a Federal district Court, the lowest on the Federal totem pole.
Rush talking about this now.
< /celebrity voice impersonation>
34
posted on
10/18/2004 10:09:14 AM PDT
by
Mike Fieschko
(Oh, and Dick Cheney too.)
To: LadyPilgrim
The reason they want to vote in the wrong precinct is simple - they can vote twice with different IDs and not as likely to get caught.
35
posted on
10/18/2004 10:09:34 AM PDT
by
kkindt
(knightforhire.com)
To: Jack Deth
I'll answer that if it is okay.
Yes, that's correct.
Here in Port Saint Lucie, the eyes of 2 major hurricanes passed right over us, and the communities of Ft. Pierce and Vero (10 -20 miles north) were very hard hit.
Vero had a large amount of pre manufacfured homes, and many people really only had a few days of electricity in the whole month od September. That is also a heavily Republican area.
So, many here are more concerned with rebuilding, and we have to make every effort to get them to the polls.
36
posted on
10/18/2004 10:14:22 AM PDT
by
bill1952
To: JulieRNR21; kinganamort; katherineisgreat; floriduh voter; summer; Goldwater Girl; windchime; ...
Florida Freeper

I'm compiling a list of FReepers in Florida for use in the upcoming elections.
If you want to be added, please FReepMail me.
37
posted on
10/18/2004 10:14:38 AM PDT
by
Joe Brower
(The Constitution defines Conservatism.)
To: Phantom Lord
Will the ruling in OH be appealed?
38
posted on
10/18/2004 10:16:31 AM PDT
by
mewzilla
To: mewzilla
It might be, but this decision is not a precedent and has no effect on Ohio as it was in regardes to Fl. law.
39
posted on
10/18/2004 10:17:51 AM PDT
by
Phantom Lord
(Advantages are taken, not handed out)
To: kkindt
Yes! You're right about that.
The data-base is supposed to pick that up. And that's more than likely what the problem is, down there today.
40
posted on
10/18/2004 10:18:47 AM PDT
by
LadyPilgrim
(Sealed my pardon with His blood, Hallelujah!!! What a Savior!!!)
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