Appeals court approves dismissal of Wexler's voting suit

[struggle4progress]

Published Friday, August 6, 2004

By JILL BARTON
Associated Press Writer
WEST PALM BEACH, Fla.

A Democratic congressman who wants to add a paper trail to Florida's new voting machines lost another legal battle on Friday when a state appeals court agreed his lawsuit should be dismissed.

But U.S. Rep. Robert Wexler is pursuing a similar complaint in federal court, arguing that the new touchscreen machines will not allow for an accurate manual recount - like the one needed during the 2000 presidential election fiasco. He sued Florida Secretary of State Glenda Hood and Palm Beach County Supervisor of Elections Theresa LePore to force them to add a paper trail to the computerized machines.
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But state officials say the ruling by the state's 4th District Court of Appeal proves again that Florida's new multimillion dollar touchscreen voting machines will fix the problems seen with paper ballots.
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The appeals court found that using a paperless voting system does not severely restrict the right to vote and that voters are not guaranteed "a perfect voting system."
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http://www.theledger.com/apps/pbcs.dll/article?AID=/20040806/APN/408060929

[teryang]

1. He should take it to the Fla. Supreme Ct.

It looks like the elimination by the legislature of recounts to cater to the election machine companies is not going to be enjoined by the lower courts.

They need to prove that the use of unverifiable voting methods violates due process. If they didn't preserve this issue on the record Florida is fixed for Bush.

The lower court judges appear to be taking a "bah humbug" approach like the Leon County Circuit judges during 2000. They don't have a clue.