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.
Gee. The Union members can't vote twice. Thats a shame.
Does anyone have that hysterical picture from the 2000 recount depicting the SCOFLAW as DONKEYS IN BLACK ROBES?
Absolutely.
I suppose the only question is whether the U.S. Supreme Court will be weighing in on this issue before or after 11/2/04.
I can't tell. I just got whacked pretty hard in the head by a pig's wing.
Generally correct. (Although there are now reports of massive fraud for FEMA assistance in heavily Dem Miami/Dade, which was hardly touched by the storms -- no surprise, but that's another story.) I'm not so sure that this will have much of a bearing on the Republican vote, since Bush's base is more motivated than the Dems.
I'm not breaking out the party hats, believe me. But this tactic, provisional ballots, was used in the '2000 election, where minorities showed up at polls (usually just before closing) and raised a ruckus because they weren't allowed to vote. The claim was that their registrations had been thrown away, when in reality, according to investigations by the Miami Herald, for instance, they were either not registered, not eligible to vote, or had already voted elsewhere. To prevent rioting and claims of discrimination, they were given provisional ballots. Of course, (unproveable) discrimination was still claimed, but couldn't be documented.
I'm not saying this ruling will stop the fraud, but it does make this tactic somewhat less effective.
It's not stupidity -- it's a deliberate, faudulent tactic which was also used in '2000.
It might be fun to joke about "Floriduh" voters, but blaming stupidity ignores the fact that these are deliberate, organized attempts, first initiated (and pre-planned) in '2000 -- a practice run for future presidential elections.
"Article 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."
Calling Eric Holder, Eric Holder Isle 5 clean up.
It will be fun to watch the rats smear the Floriduh (Democrat majority) Supreme Court.
"Sorry, forgot to add "for President."
Who decides who will be president?
The Electorate.
And how does the Electorate make the determination of whom they will vote for?
The PEOPLE and their vote, determines who/whom? the electorate votes for.
Sheez.
He and Eric Holder were on one of the talk shows yesterday, and Holder seemed very sure Kerry would win Ohio "if every vote is counted". That's how he worded it.
We're lucky to have Blackwell in Ohio. Ohio would be a lost cause without him. At least with him we have a fighting shot against fraud.
I hope he runs for Gov.
I'm shocked the Florida Supremes ruled to follow the law. Happy, but shocked.
Thanks Mike,Non. Now, Phantom I just love Neander-Cons and your fluffy horse-feathers and wild antics, but this kinda stuff just over excites the adolescent minds of the opposition and should really be used sparingly during prime tme.
Did I see a few snowflakes on my window just now??
Maybe someones' backside is still red after tha SCOTUS spanking.
So if they claim NOT TO KNOW their voting office then it means that either 1) they never read the papers or 2) they never read their voting card or 3) they never got a voters ID card hence they never registered to vote or lost their card or never did register or trying to vote fraudulently.
I've voted in each national election and at my polling station I personally know everyone and vice-versa.
You tell 'em, cal! Gee, do ya think the founding fathers wanted us to vote? Sheesh. What was he thinking?
Thanks much for this information...
That's two reasonable rulings. One putting Nader on the ballot, one saying you have to vote in your precinct.
It's not like the precincts are hidden, or even distant from each other. If you wander into the wrong one, you can get directions to the right one, and probably someone to drive you.
Hmmm...
It seems to me that if the Massachusetts Supreme Court could rule that gays EVERYWHERE can marry, then the Florida Supreme Court could rule that provisional ballots can only be used at your own polling place EVERYWHERE, too.
-PJ
This decision seems consistent with provisional voting sction of the "Help America Vote Act of 2002" which states:
SEC. 302. PROVISIONAL VOTING AND VOTING INFORMATION REQUIREMENTS.
a) Provisional Voting Requirements.--If an individual declares that such individual is a registered voter in the jurisdiction in which the individual desires to vote and that the individual is eligible to vote in an election for Federal office, but the name of the individual does not appear on the official list of eligible voters for the polling place or an election official asserts that the individual is not eligible to vote, such individual shall be permitted to cast a provisional ballot as follows:
1) An election official at the polling place shall notify the individual that the individual may cast a provisional ballot in that election.
2) The individual shall be permitted to cast a provisional ballot at that polling place upon the execution of a written affirmation by the individual before an election official at the polling place stating that the individual is--
(A) a registered voter in the jurisdiction in which
the individual desires to vote; and
(B) eligible to vote in that election.
3) An election official at the polling place shall transmit the ballot cast by the individual or the voter information contained in the written affirmation executed by the individual under paragraph (2) to an appropriate State or local election official for prompt verification under paragraph (4).
4) If the appropriate State or local election official to
whom the ballot or voter information is transmitted under
paragraph (3) determines that the individual is eligible under State law to vote, the individual's provisional ballot shall be counted as a vote in that election in accordance with State law.
. . . more at http://www.fec.gov/hava/law_ext.txt
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