Wexler sues FL for "paper voting system," loses. Wexler for V.P.

[kerry-is-my-prez]

Pubs hail decision.

http://www.palmbeachpost.com/news/content/auto/epaper/editions/thursday/news_04b210d8763262a60096.html
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."

......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."

......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.