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.

[Florida_Geek]

1. This is his FIRST one

He has a second filed already.

[buff2]

2. The Fix must be in

Jebthro is seeing to that. :argh:

[pinto]

3. constitutionally, judges reply is correct, Wexler will need in-state

support or Federal appeal, which has to establish a disenfranchisement situation. I expect, and hope, he'll continue. Florida election processes are way too strange, but that's not late breaking news for anyone........:eyes:

[hedda_foil]

4. He filed in federal court today!

MUCH better than filing in state court.

[BeFree]

5. Imagine

Imagine the pressure this judge must be getting from the White House. They know if they stand any chance at all it will be through BBV.

Hopefully a federal Judge will be able to stand up to the pressure and force the election systems to do the right thing.

[izzie]

6. Now it is out in the open I think it will come back and pass.

Bush will look a fool if he does not let it in.

[tridim]

7. Florida law "does not clearly require

a voter-verified paper ballot"

Was this law written before electronic voting machines existed? If so, then of course it doesn't clearly require a paper ballot, because at the time all ballots were paper ballots. Can sombody verify this?

[lyonn]

8. this is slightly off subject but,

while reading these comments it struck me that if a recount was asked for, say in Fla., that someone would hack into the system and erase all the votes to prove the problem. I heard Kerry make comments today on this very subject of no paper trail.