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Ruling allows Florida to reject incomplete voter registrations
AP via Herald Tribune ^ | October 26. 2004 6:39PM

Posted on 10/26/2004 6:20:18 PM PDT by 11th_VA

MIAMI Florida election officials will not be required to process incomplete voter registration forms for the presidential election, a federal judge ruled Tuesday.

U.S. District Judge James Lawrence King said the three prospective voters for whom the lawsuit was filed did not have the legal standing to pursue the case, which was backed by the AFL-CIO. But he gave the union group a chance to file a new version of the lawsuit next month with people who meet the standard.

That leaves the AFL-CIO and the Advancement Project, a social action group, on the losing side of an attempt to force election officials to accept applications from people who failed to check a citizenship box on registration forms in time for the Nov. 2 election.

Sheila Thomas, an attorney with the Washington-based Advancement Project, said the plaintiffs were considering an appeal. The group argued that the rejections had a disparate effect on minorities. Nearly 45 percent of the challenged forms in one county, Duval, came from blacks.

"Our goal is still to see if we can get relief for our clients before Election Day," she said.

The decision is the latest from courts across the state that rejected attempts to broaden voter rights on touch-screen recounts, provisional ballots and early voting.

"Once again, federal and state laws are very clear on which sections of the voter registration forms have to be filled out to deem that application complete," said Alia Faraj, spokeswoman for Secretary of State Glenda Hood.

She also said the state recognized that it was a procedural move by the judge, who left the unions and other groups options to come back to court later.

Applicants filling out registration cards are required to sign a form that, among other things, attests to U.S. citizenship, but the form also has a separate box to be checked by citizens.

The union coalition sued Hood and election supervisors in Duval, Orange, Palm Beach, Broward and Miami-Dade counties.


TOPICS: Breaking News; Government; Politics/Elections; US: Florida
KEYWORDS: florida; napalminthemorning
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To: Libertina

I don't think he can. Election law, especially regarding the presidency, is fairly settled at the federal level. The method of conducting elections is left to the states, and if he interferes with that delegation, he stands against a key constitutional concept.


61 posted on 10/27/2004 7:00:27 AM PDT by MortMan (John Kerry - Lt. Clueless, Junior Grade)
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To: Kay
I'd take it beyond that. I think we should have to present a valid ID before voteing. Went to vote early last week, was amazed. Anybody with a voter registration was allowed to vote, no ID neccassary.
62 posted on 10/27/2004 7:06:11 AM PDT by Graycliff
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To: 11th_VA
The group argued that the rejections had a disparate effect on minorities.

Huh? It seems the left always says this about everything. What are they implying do they think minorities are just less competent at filling out forms?

63 posted on 10/27/2004 7:55:47 AM PDT by AndyTheBear (Disastrous social experimentation is the opiate of elitist snobs.)
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The case was thrown out because the ones filing had no standing? Does this mean they were registering fraudulently - ie not really allowed to register in the manner in which they were attempting?


64 posted on 10/27/2004 7:59:45 AM PDT by vollmond (Head back to base for debriefing and cocktails.)
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To: 11th_VA
This thread has just added to the FreeRepublic Florida Politics list by adding the keyword "Florida".

Any time a Florida-related thread is created on FreeRepublic, please be sure to add the "Florida" keyword to it so that interested FReepers don't miss it.

Onward to victory,

Click the Florida state flag for pro-gun resources!

65 posted on 10/27/2004 8:21:16 AM PDT by Joe Brower (The Constitution defines Conservatism.)
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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.


66 posted on 10/27/2004 8:21:49 AM PDT by Joe Brower (The Constitution defines Conservatism.)
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To: RaceBannon
This is just another Jesse Jackson magnet!

Then let's give ole Jesse a rhyme:

" If you can't check the box, Then on you a pox!"

It not only rhymes, it's literary, too.
67 posted on 10/27/2004 8:44:17 AM PDT by Iwo Jima
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To: Kay
I'd like to see the HAVA challenged as being unconstitutional in that it violates Article II, Sec. 1, Cl. 1 of the Constitution, which states that "Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors..."
68 posted on 10/27/2004 8:50:42 AM PDT by Iwo Jima
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To: BIOCHEMKY
failure to check a box on a form should not be grounds to gleefully disenfranchise fellow legal citizens...

Disenfranchised? I think not.

This is an example of what Aggies call "self-tackleization." That's when you trip over your own clumsy feet and have absolutely no one and nothing to blame but yourself.
69 posted on 10/27/2004 9:51:25 AM PDT by Iwo Jima
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