Lawyers for Fla. congressman argue for paper ballots

DOUG GROSS

Associated Press   20 August 2004

ATLANTA - Lawyers for a Florida congressman argued Friday to keep alive a legal battle to require the state's voting machines to create paper ballots.

Attorneys for U.S. Rep. Robert Wexler, a Democrat, told members of the 11th U.S. Circuit Court of Appeals that a district judge wrongly threw out Wexler's lawsuit.

In dismissing the federal complaint, U.S. District Judge James Cohn said he couldn't get involved because the issue also was being considered by state courts. Also, Cohn ruled that the lawsuit would require the federal courts to become deeply involved with election procedures, which typically are left to the states.

"The judge basically mixed apples and oranges," said Wexler's attorney, Robert Peck, who said the federal and state cases argued different issues.

Attorneys for Florida Secretary of State Glenda Hood, Palm Beach County Supervisor of Elections Theresa LePore and Indian River Supervisor of Elections Kay Clem said the judge acted properly because Wexler's federal lawsuit was merely an effort to make the same arguments in two courts.

A federal ruling in the case would amount to interference in a state issue, said Ron Labasky, attorney for Lepore and Clem.

"I think the court had to reach the decision to abstain while the state court was considering essentially the same issue," Labasky said.

Earlier this month, a state appeals court threw out the case.

In Florida, 15 counties use touch-screen voting machines which use a computer to tabulate votes. No paper ballot is created.

Wexler, of Boca Raton, argues that voters in those counties are being denied their right to have their votes recorded accurately and made available if there is a re-count. Voters in other Florida counties use a vote scanning system that creates paper ballots.

Several Florida counties spent millions purchasing the touchscreen systems after the 2000 presidential election, where thousands of ballots were improperly marked.

After a contentious recount that was ultimately halted by the U.S. Supreme Court, President Bush defeated former Vice President Al Gore by 537 votes in the state.

Wexler's attorneys have asked the appeals court to speed their decision so state election officials could make changes before the November elections.