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Vote Litigate early and often

The New York Times reports: Not a single ballot has been counted in the presidential election, yet Florida is already teeming with lawsuits charging the state and its county elections supervisors with voter disenfranchisement, a legal muddle likely to grow worse before Election Day.

On Wednesday, the State Supreme Court heard arguments in a lawsuit seeking to require election officials to count provisional ballots - which voters can cast when their names do not appear on precinct rolls - regardless of where they are cast. And on Tuesday, labor unions and voting-rights groups sued to stop the disqualification of more than 10,000 incomplete registration forms in Florida, accusing the state of overly restrictive rules that disproportionately hurt minority voters.

Also on Tuesday, plaintiffs in another suit met with aides to Secretary of State Glenda Hood to discuss how counties with touch-screen voting should conduct manual recounts. The state had banned recounts in such counties, but an administrative law judge, responding to a suit brought by the American Civil Liberties Union and other groups, threw out that rule in August.

"The 2000 election signaled the era of lawsuits in elections," said Susan MacManus, a political science professor at the University of South Florida, "and it's escalated markedly not just in Florida, but everywhere. Both parties are playing the pre-emption game as much as the reactive game this time out." -- In '04 Florida, Lawsuits Begin Before Election (The New York Times)

Comments

It would do little good to file the lawsuit after the election. The purpose is to assure that all eligible voters are given the oportunity to cast their ballot.