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.
Excellent. Remember, if it ain't close, the Rats can't cheat.
Will this reuling help to set a precedent to overturn the ruling in Ohio?
You mean the Florida Supreme Court actually got this one right?
Has hell frozen over?
It doesn't seem that difficult. Just vote in the proper place. It's not like the polls are hundreds of miles apart if you end up in the wrong one!
Also, if you voted in the primaries you already know where to go (unless the hurricane caused a relocation). Still not rocket science (in fact voters could start searching/asking now so they won't be confused later!)
Someone find for me the article in the constitution that even grants citizens the right to vote.
State law. So no.
They are still sore from the bitch slapping SCOTUS put on them in 2000.
two sets of rules for provisional ballots in two states? Doesn't this go to the heart of the 7-2 ruling in Bush vs. Gore on equal protection?
Has the Ohio Supreme Court ruled on provisional ballots?
Excellent decision, and even more powerful because it was a UNANIMOUS decision. Meaning: No partisanship in just interpreting the state constitution.
Excellent.
I watched some of the arguments on CSPAN. I got the distinct impression that many of the FL Supreme Court judges were still smarting from when the SCOTUS smacked them in 2000. The bulk of their questions to the AFL/CIO attorney were pleas for him to explain, beyond a shadow of a doubt, that what he was arguing would pass muster with the SCOTUS.
The sticking point with the AFL/CIO attorney was "why should provisional voters be treated any different than other voters with respect to the voting rules created by the legislature?" The AFL/CIO attorney just couldn't seem to grasp that the FL justices were looking for some kind of cover from a Federal "equal protection" type firestorm. He never adequately addressed the problem from that standpoint.
Funny how folks who are running for election protect their own asses.
This is the law that Toledo Judge overturned in Ohio.
Ken Blackwell making the rounds explaining "stop and shop" provisional ballots to the national media, because this will be overturned by the conservative Ohio Supreme Court, as well. He's laying the groundwork for Dems to look like morons if they try and fight it.
So now if someone shows up in the wrong precinct and isn't on the voter list he/she can't vote?
Personally I'm concerned about early voting. I worry that many republicans will take advantage of these early votes, only to find them tossed out by a court challenge in the next couple of weeks.
Good.
'Bout Time!
The Big Labor argument absolutely blows me away ! Disenfranchised ??? How hard is it to show up to a polling place, any polling place, give the elections workers your address, and receiving directions to the correct polling place ???
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