U.S. legislator to sue for election printers

By Kathy Bushouse
and Anthony Man Staff Writers
Posted March 6 2004

U.S. Rep. Robert Wexler will file a federal lawsuit Monday against Palm Beach County elections supervisor Theresa LePore and Florida Secretary of State Glenda Hood as part of his continuing effort to get printers for electronic voting machines, a Wexler spokeswoman said Friday.

The lawsuit will mirror legal action Wexler took against LePore and Hood in Palm Beach County Circuit Court, said Wexler spokeswoman Lale Mameux.

Wexler's lawsuit in state court was dismissed last month after Judge Karen Miller ruled he didn't have legal grounds to file his case. Before the case was tossed out, county commissioners agreed to spend $3.2 million for printers for 5,400 electronic voting machines.

In the federal case, Wexler will be joined by county commissioners Burt Aaronson and Addie Greene, both Democrats who are supporting one of LePore's three August election challengers, Arthur Anderson.

Mameux said not having the printers violates federal equal protection laws.

"I think as we get closer to the general election, it's a huge concern," Mameux said. "We don't want to be scratching our heads in November, saying, `Oh my God, we don't have a way to do a recount.'"

Aaronson said the lawsuit would argue that voters in 15 Florida counties, including Palm Beach, that have electronic voting machines are being treated differently than the voters in 52 counties with optical-scan machines. That's because a recount in a close election is possible with optical-scan machines but not with the electronic devices, Aaronson said.

"The state is supposed to have the same rules and regulations for everybody," he said.

Aaronson said the solution he would favor is the one advocated for months by Wexler: a paper printout, in addition to the electronic machines' tally, that could be used for a recount.

"Nothing is foolproof, and neither Theresa LePore or Glenda Hood or anybody can tell me that any machine is foolproof," Aaronson said. "It may be more accurate [than previous voting systems] but no machine is foolproof."

Greene said she's a plaintiff in the case because she wants "everybody's vote to be counted."

LePore said paper printouts would create problems.

"My concern is still with the disabilities communities," she said. "If you go ahead and add a printer without taking their concerns into consideration, you're taking a step backwards."

LePore said representatives of people with disabilities are strong backers of the electronic machines because they have capabilities, including an audio component, that allow many people who used to need help voting to cast truly secret ballots when they couldn't before.

The Advocacy Center for Persons With Disabilities wrote a letter to all county commissioners last week skeptical of printers. If the County Commission wants printers, the organization wrote, they would have to arrange for Braille and large print in each of the more than 600 precincts in the county.

No such devices exist, LePore said, adding that even simple printers aren't available for voting machines. The one prototype isn't set up to print in anything but English.

Some of LePore's legal work is handled by the County Attorney's Office. The county attorney is appointed by the County Commission, which includes Aaronson and Greene, and LePore said the case would almost certainly be handled by outside counsel.

Neither Wexler nor a spokeswoman for Hood could be reached for comment Friday night.

Kathy Bushouse can be reached at kbushouse@sun-sentinel.com or 561-243-6641.