Florida Voters get Screwed by the Courts... again!!!!

[LuCifer]

Wexler lawsuit over elections 'paper trail' dismissed

By George Bennett, Palm Beach Post Staff Writer
Thursday, February 12, 2004


WEST PALM BEACH -- A judge threw out a lawsuit by U.S. Rep. Robert Wexler that challenged Palm Beach County's paperless electronic voting system, stating Wednesday that the creation of a ballot "paper trail" is an issue for state lawmakers and elections officials and not the courts.

Palm Beach County Circuit Judge Karen Miller ruled that Wexler, D-Delray Beach, lacks "standing" to sue because he does not claim to have been harmed by the paperless voting machines and merely speculates that he could be harmed in a future election.

But even if Wexler had proper grounds to file a lawsuit, Miller's 10-page ruling states, Florida law "does not clearly require a voter-verified paper ballot," which Wexler wants. For a judge to step in and order paper ballots would violate the Florida Constitution's separation of legislative, executive and judicial powers, Miller ruled.

Wexler -- who concedes there is little chance Florida legislators will pass a law requiring a paper trail -- vowed late Wednesday to continue pursuing the issue in court. He mentioned the possibility of appealing Miller's ruling or going to federal court.

"I don't see this as my case being dismissed. I see this as the judge dismissing Florida voters," Wexler said. "I'm going to continue this fight. I'm not going to rest. There are other options that I'm going to pursue aggressively."

Wexler's lawsuit named Florida Secretary of State Glenda Hood and Palm Beach County Elections Supervisor Theresa LePore as defendants. It claimed the paperless voting systems used by 15 Florida counties are illegal because they do not produce tangible ballots and therefore do not allow a "manual recount" that state law requires in close elections.

Wexler and other foes of paperless voting also say electronic machines are susceptible to errors and tampering and need a paper trail as a backup.

"This court is not commenting on the integrity of the existing voting systems or any of the suggested system modifications," Miller's ruling states.

LePore said she was pleased with Miller's decision, but added, "I'm sure the issue's not over.... I'm happy it's at least on hold so I can continue doing my job and getting ready for the next elections."

LePore argued she did not belong in the suit because legislators and Hood's office decide what types of voting systems are legal in Florida.

Hood said she was "very pleased" with the ruling. "I continue to have the highest level of confidence in the equipment," she said, and added that the question of requiring a paper trail is up to the state legislature.

A spokesman for House Speaker Johnnie Byrd, R-Plant City, said the issue is "not on our radar screen.... We've had our supervisors of elections in full force saying they believe this is a reliable system."

read the rest here:
http://www.palmbeachpost.com/politics/content/auto/epaper/editions/thursday/news_04b210d8763262a60096.html

UNBELIEVABLE!~!! THERESA LeWHORE, YOU SUCK.

[LuCifer]

1. kick

posting to myself, oooooohwoooo, posting to myself...

[GregD]

2. Wexler is escalating

This is not over.

Stay focused on lobbying the legislators. We need to keep the pressure up on HR2239/S1980.

www.VerifiedVoting.org

[Moderator]

3. LuCifer

Per DU copyright rules please
post only four paragraphs
from the news source.


Thank you

DU Moderator

[RedEagle]

4. This is the problem with judicial appointments

Ppotential stacking the courts.

I hope Wexler takes it to the top.