Paper-trail hearing set for Feb. 6

By George Bennett, Palm Beach Post Staff Writer
Tuesday, January 27, 2004
WEST PALM BEACH A Palm Beach County circuit judge agreed Monday to speed up consideration of a lawsuit that challenges the paperless voting machines used by 15 Florida counties.

U.S. Rep. Robert Wexler, D-Delray Beach, claims in a Jan. 16 suit that touch-screen voting machines are illegal because they produce no tangible ballots and therefore cannot comply with a state law that requires a manual recount in close elections.

Wexler wants the court to order that the machines be outfitted with printers so voters can verify paper copies of their ballots before voting electronically. The paper record could then be used in a recount. His attorney, Jeffrey Liggio, argued at a Monday hearing that quick court action is needed so the issue can be resolved in time for the Aug. 31 primaries and Nov. 2 general election.

Judge Karen Miller ordered that portions of the case be heard on an expedited basis. She set a Feb. 6 hearing for motions by defendants to dismiss the suit and to move the case to Tallahassee.

"This is a victory. It moves the whole case faster," Liggio said.

Wexler named Palm Beach County Elections Supervisor Theresa LePore, the board of Palm Beach County commissioners and Florida Secretary of State Glenda Hood as defendants.

Attorneys for LePore and the county commission argued they should not be defendants because the secretary of state's office is responsible for certifying voting machines.

"The proper venue for this action, if in fact a lawsuit exists, is Tallahassee," said LePore's lawyer, Michael Burman.

Hood's attorney argued the paper-trail issue is a policy question that doesn't belong in court.

Four days before filing his lawsuit, Wexler sent a letter to Gov. Jeb Bush asking him to "use your influence to ensure the Florida Legislature requires ballot printers." The letter also noted efforts in congress to pass a bill requiring printers nationwide.

"If he is asking for legislative action and informing of congressional action, how can the defendants be in violation of a law that doesn't exist? He can't have it both ways," said George Waas, a senior assistant attorney general.

george_bennett@pbpost.com