Fla. Court Rules on Provisional Ballots

[Bluebear]

TALLAHASSEE, Fla. - People who cast provisional ballots at the wrong precinct are not entitled to have their votes counted, the Florida Supreme Court ruled Monday, rejecting an argument by labor unions that the rule wrongly disenfranchises voters.

In an unanimous ruling, the court said the law clearly states 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 voters show up at a polling place but officials there have no record they are registered, they are given provisional ballots. Those ballots are held until officials determine if the voters were entitled to vote at that precinct and had not already cast ballots.

If they should have been allowed to vote at that precinct, the ballots count; if not, they are thrown out.

http://news.yahoo.com/news?tmpl=story&u=/ap/20041018/ap_on_el_st_lo/florida_provisional_ballots_4

[TahitiNut]

1. So, in multiple-precinct polling places, just a little slight of hand ...

... and another one bites the dust. :puke:

I guess some precincts are in another country, huh? Like ... one without civil rights? :eyes:

[ajmstpete]

2. This makes no sense.

Early voting started today in Florida, anyone who lives in the county can vote starting today, no matter what precinct they live in, in that particular county. But, on election day if your precinct has moved since the last election and you fill out a provisional ballot at the wrong precinct your vote is thrown out? What the hell, this is such a load of crap. Our local news was filled with problems they had in Tampa already, people had to wait hours to vote, because of lack of voting machines and slow "INTERNETS" connections to verify voters. Thank goodness there are lawyers on stand by, we are going to need them. Smirk is in St. Pete tomorrow, is it wrong to wish for a well placed hurricane that just hits one bldg?

[shirlden]

3. Same question just settled in Ohio

But the court ruled just the opposite of the Florida ruling. Why am I not surprised????

Federal Judges Orders Blackwell
To Accept Provisional Ballots
OCTOBER 14 -- Judge James G. Carr of the U.S. District Court, Northern District of Ohio, Western Division said Thursday that local boards of election must accept provisional ballots from voters who attempt to vote at the wrong precinct. This contradicts Secretary of State Kennneth Blackwell's recent directive on the matter which ordered local election officials not to accept such ballots but to direct voters to the proper polling place.

The Ohio AFL-CIO. the Ohio Voter Protection Coalition and other groups had filed a lawsuit that alleged Blackwell directives regarding provisional ballots violated the Help America Vote Act, which was passed by Congress to correct election deficiences that surfaced in Florida during the 2000 Presidental Election. Read More ...