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RULING BLOCKS HOPEFUL VOTERS (GOOD NEWS FROM FLORIDA)
Miami Herald ^ | Oct. 27, 2004 | Jay Weaver

Posted on 10/27/2004 9:42:39 AM PDT by JesseHousman

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Posted on Wed, Oct. 27, 2004

Thousands of Floridians won't be able to vote in five urban counties because they failed to complete their voter registration applications, a Miami federal judge said.

A Miami federal judge on Tuesday tossed out a lawsuit that sought to allow thousands of Floridians to vote in next week's general election, saying county and state officials didn't have to process incomplete voter registration applications.

U.S. District Judge James Lawrence King ruled against three prospective voters who sued Florida Secretary of State Glenda Hood and election supervisors in Duval, Orange, Palm Beach, Broward and Miami-Dade counties.

King said the voter applicants -- one from Miami-Dade and the other two from Duval -- could sue only their own county election supervisor, not the secretary of state or other county supervisors.

More important, King said Miami-Dade and Duval election supervisors acted legally when they deemed their voter applications incomplete by the Oct. 4 registration deadline.

King said the Miami-Dade plaintiff, Emma Diaz, a new U.S. citizen who failed to check off the voter registration box saying she was not mentally incapacitated to vote, ''created her own injury'' by not correcting the mistake by that deadline.

''I feel like crying,'' said Diaz, 23, of Miami Beach, whose application was received by the Miami-Dade election supervisor on Sept. 23. ``I thought I was at least going to get a chance, but no. I feel pretty offended because the ruling [said] that I caused this injury upon myself.

`PARTLY MY FAULT'

''I know it was partly my fault because I should have checked better, but I was very excited,'' added Diaz, who filled out her voter registration form right after being naturalized as a U.S. citizen on Sept. 17. ``I just filled it out and turned it in. I overlooked [the mental incapacity box] completely because I thought the most important thing was my driver's license number, Social Security number and date of birth.''

Lawyers who filed the suit on behalf of the three voter applicants as well as other plaintiffs such as the AFL-CIO said they plan to appeal immediately in the hope of resolving the issue before Tuesday's election. They recognized, however, that time was running out for the upcoming presidential election.

''They were wrongly denied a precious right to vote, which they thought they could exercise on Nov. 2,'' said Sheila Thomas, a lawyer for the Advancement Project, a social action group based in Washington, D.C. ``It's important for our clients to seek justice.''

Alia Faraj, a spokeswoman for Hood, said the state was pleased by the decision.

''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,'' 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.

The federal suit involved potentially 14,000 people -- many of whom are African Americans and Hispanics -- who claim their voter registration forms were illegally rejected because they did not check off boxes for U.S. citizenship, felony status or mental capacity and did not provide an identification number such as a driver's license or Social Security.

They say that state and county election officials chose not to accept them because they have adopted unduly restrictive registration practices and procedures that violate federal and state laws. They contend that the box omissions ''are not material'' errors under federal law.

They also allege discrimination because a disproportionate number of rejected applicants are minorities.

But Hood, who is responsible for maintaining uniformity in elections throughout Florida, asserts that voter applicants must check off those four boxes. If not, Hood maintains, county election supervisors must reject their applications.

SOME FLEXIBILITY

Despite those requirements, Florida's 67 election officials have some flexibility in interpreting voting laws, including registration. For example, after the three voter applicants and the unions filed suit on Oct. 13, Duval's supervisor of elections accepted more than 100 corrected registration forms -- including one resubmitted by a plaintiff in the federal case.

In addition, four of the five counties -- Broward, Miami-Dade, Duval and Orange -- agreed to accept hundreds of voter registration forms on which the applicants failed to check off the citizenship box, but signed an oath affirming they are U.S. citizens.

Herald Radio reporter Michael Hibblen contributed to this report.


TOPICS: Breaking News; Constitution/Conservatism; Crime/Corruption; Culture/Society; Front Page News; News/Current Events; Politics/Elections; War on Terror
KEYWORDS: napalminthemorning; newvoters; votefraud
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Emma Diaz, a new U.S. citizen who failed to check off the voter registration box saying she was not mentally incapacitated to vote, ''created her own injury''...

...and she says, "I feel like crying," while I, personally, feel that a right-headed judge threw out a worthless lawsuit filed by a pinhead.

1 posted on 10/27/2004 9:42:39 AM PDT by JesseHousman
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To: JesseHousman

There are sane judges, thank God.


2 posted on 10/27/2004 9:46:40 AM PDT by July 4th (You need to click "Abstimmen")
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To: JesseHousman

Could this be behind kerry's decision to give up on Florida? The knowledge that he could not get illegal votes must be disappointing.( I hope)


3 posted on 10/27/2004 9:49:16 AM PDT by Trepz
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To: JesseHousman
It's important for our clients to seek justice.

It is even more important for your clients to fill out the forms correctly.

4 posted on 10/27/2004 9:49:29 AM PDT by goldfinch
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To: JesseHousman
I once had my vote canceled because I forgot to update my voter registration after moving across county lines. I don't have any problem admitting that this was my error and that the appropriate action was taken as a result.

I have no sympathy whatsoever for the Democrat whiners and their shyster lawyers who are trying to destroy the electoral fraud safeguards that are in place.

5 posted on 10/27/2004 9:51:08 AM PDT by Post Toasties
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To: JesseHousman

Poor, poor babe. My 20-year old son got registered at 18, and then verified via the county website that he's been registered, and voted once since then. Guess someone should have told her this was a Presidential election year sometime early this year.


6 posted on 10/27/2004 9:53:34 AM PDT by kcar (theUNsucks.com)
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To: JesseHousman
It's amazing that they can't fill out a simple "Voter Registration Form' , but they sure know how to file a lawsuit.
7 posted on 10/27/2004 9:55:34 AM PDT by Falcon4.0
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To: JesseHousman
Shouldn't this really be......................

RULING BLOCKS INCOMPETENT, STUPID AND POSSIBLY ILLEGAL VOTERS
8 posted on 10/27/2004 9:55:46 AM PDT by DoctorMichael (The Fourth Estate is a Fifth Column!!!!!!!!!!!!!!!!!!!)
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To: JesseHousman
To: Emma Diaz

You were given an opportunity to properly complete the registration form. You were given an opportunity to review the form and make certain you had filled in all areas. You signed the form saying it reflected your intentions. If you cannot vote because you ignored the box saying you were not mentally icapacitated, you have no one to blame but yourself. Do not place the blame on the judge. He is ruling based upon the law. Accept the fact that you made a mistake that cost you an opportunity to vote and no one but you is responsible.

9 posted on 10/27/2004 9:56:07 AM PDT by Trepz
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To: DoctorMichael
I second that!!!
10 posted on 10/27/2004 9:58:15 AM PDT by eyrish69
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To: Trepz

What decision would that be?

His crap is on the TV 24/7!


11 posted on 10/27/2004 9:59:15 AM PDT by bill1952 ("All that we do is done with an eye towards something else.")
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To: bill1952

How complicated can it be to complete a voter registration form?


12 posted on 10/27/2004 10:02:49 AM PDT by Ciexyz (Feeling so much calmer now I've cancelled my cable TV. Don't miss the Demopuke spin on cable news.)
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To: Trepz
What is it about following the rule of law that democrats have a problem with. All these "disenfranchisements" seem to have one thing in common: They all involve illegal voters.

I do have to say though...the GOP has done a poor job in countering the claims. They need to be out there painting the democrats as people who will do anything to be elected...even register illegal voters and try to overturn the rule of law.

Then again...I live in Texas and we see very few presidential or GOP ads outside of local elections. Maybe they are counter attacking this garbage and I just don't see it. Democratic voter fraud should be on every TV set in America all the time. The Ohio problem...the SD problem...the NY/FL double-voter problem....they should all be 24/7.

13 posted on 10/27/2004 10:04:29 AM PDT by NELSON111
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To: bill1952

Last night Tony Snow on Fox informed viewers that kerry and his campaign have pulled out of Florida. Only ads that had already been purchased will be airing now.


14 posted on 10/27/2004 10:05:39 AM PDT by Trepz
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To: JesseHousman

"I know it was partly my fault because I should have checked better, but I was very excited."

I did the same thing back in 1976 because I got very excited and didn't check something. I've been married ever since and my daughter is now 27. :)


15 posted on 10/27/2004 10:07:53 AM PDT by moonman
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To: NELSON111

The local GOP people in Texas should be doing more. As for the President, he is virtually assured of winning Texas so his campaign has been concentrating on states where the outcome is more in doubt. Just this morning I heard that Bush has pulled even with kerry in NJ. Just a few weeks ago, Bush trailed by 14 points in NJ. So, it looks as though their efforts to work in states where the outcome ws in doubt or where there was a chance they could take a seat assumed safe for kerry was wise.


16 posted on 10/27/2004 10:09:23 AM PDT by Trepz
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To: Ciexyz

If you are really asking me about Florida, it is a snap.

Just bring in your state ID and take about 30 seconds to read and fill the form. The voter card is mailed to your home, and it shows you where you vote.

Hey, if my wife could do it...okay I'd better shut up now.

Hah, two early votes for Bush.

Just for fun, I asked if I could sign up my son (who was in a stroller), but they said no. :)


17 posted on 10/27/2004 10:11:46 AM PDT by bill1952 ("All that we do is done with an eye towards something else.")
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To: Falcon4.0
**It's amazing that they can't fill out a simple "Voter Registration Form' , but they sure know how to file a lawsuit.

How true but then they do have a trial lawyer on the ballot instead of a seasoned and respected politician
18 posted on 10/27/2004 10:17:58 AM PDT by snugs (An English Cheney Chick - BIG TIME)
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To: bill1952; Howlin; NYC Republican; wardaddy; Dog Gone; Dog; dead; Coop; commish
"The voter card is mailed to your home, and it shows you where you vote."

The brilliant thing about *mailing* the voter registration proof is that it filters out fake addresses.

The postman returns the rejected card from the fake address back to the state, where the fraudulent voter registration is pulled.

This works well because the deadline for *registering* is long enough ahead of the actual election for the bureaucrats to process most everything.

19 posted on 10/27/2004 10:22:49 AM PDT by Southack (Media Bias means that Castro won't be punished for Cuban war crimes against Black Angolans in Africa)
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To: JesseHousman
I overlooked [the mental incapacity box] completely because I thought the most important thing was my driver's license number, Social Security number and date of birth.''

I think the fact that she may very well be mad as a hatter is important, too.

20 posted on 10/27/2004 10:23:30 AM PDT by Madame Dufarge
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