Officials challenge Wexler's suit for state paper ballots

By Kathy Bushouse
The Sun-Sentinel
February 7, 2004

U.S. Rep. Robert Wexler's lawsuit to require paper ballots for the state's voting machines should be dismissed or transferred out of Palm Beach County, attorneys for the county elections supervisor and Florida secretary of state argued Friday.

In an hourlong hearing before Palm Beach County Circuit Court Judge Karen Miller, attorneys for Supervisor of Elections Theresa LePore and Secretary of State Glenda Hood said that the rules governing elections are made in Tallahassee, making that the proper venue for the case.

"It's cheaper for the public, it's more efficient for the public," said Bernard Lebedeker, one of LePore's attorneys. "It's where the case belongs."

Wexler hasn't shown that he has suffered any harm because of the voting machines and instead is predicting possible problems in the November election, said George Waas, an assistant state attorney general representing Hood.

"We have claims that are wholesale speculative, at best," Waas said.

Wexler's attorney, Jeff Liggio, said there have been two Palm Beach County races requiring manual recounts of votes on touch-screen machines the recent District 91 state House race and a municipal election in Wellington. Both had large numbers of undervotes, he said.

Getting paper printouts of each ballot will serve as a backup in case of future problems, he said.

On Tuesday, county commissioners agreed to spend $3.2 million to buy printers for Palm Beach County's 5,400 voting machines as a way to extract the county from Wexler's lawsuit. The case against LePore and Hood is continuing because of what Wexler perceives as foot-dragging to get the printers.

He also has problems with Hood for not yet having measures in place for a manual recount of touch-screen machine votes.

Wexler, who is seeking re-election in November, said his case is simply about making sure that people's votes are counted properly. He said he wants the case to remain in Palm Beach County because he is a voter here and wants to know his vote counts.

"The problem is not with where the decisions are made," Wexler said. " ... We're being denied the right to have our vote counted."

Miller said she needed time to go over the arguments and documents in the case, and didn't say when she would issue a ruling.

Dozens packed the hallway outside the courtroom, waiting to cheer on Wexler. They clapped and cheered as he answered questions. About 20 people watched the proceedings inside the small courtroom.

Among those watching was Kay Clem, elections supervisor for Indian River County and president of the Florida State Association of Supervisors of Elections. She said she's worried about the implications of Wexler's lawsuit, should he be successful.

She said she thinks it could have a statewide impact, forcing counties that don't even use touch-screen machines to have printers for their voting machines.

"I think that it has been truly a disservice to the voters of this state," Clem said. "I really, truly don't understand what the issue is here."

Kathy Bushouse can be reached at kbushouse@sun-sentinel.com