Printers unlikely for touch-screen machines even if suit succeeds

By ADRIAN SAINZ Associated Press Writer

October 08, 2004

A lawsuit demanding touch-screen voting machines be made to produce paper records won't be heard until Oct. 18, a judge ruled Friday, raising doubts that any significant changes to the current system will happen before the November election.

An attorney for U.S. Rep. Robert Wexler, who filed the lawsuit, conceded that since the trial won't commence until two weeks before Election Day, that likely means the touch-screen machines used in 15 Florida counties won't be fitted with printers, even if U.S. District Judge James Cohn sides with the congressman.

"It's probably too late now, " Jeff Liggio said.

But Liggio said the judge would have other options if he rules for Wexler, including requiring the state to order monitors to oversee the touch-screen machines or have the 15 counties switch to optical scan paper ballots.

On touch-screen machines, voters their candidates by touching names listed on a computer screen. With optical scans, voters use a pencil to mark paper ballots, which are then counted by a computer. That system is used in the other 52 Florida counties.

"This case has never been about one remedy, which is putting printers on the (touch-screen) machines," Liggio said. "There are other options."

Wexler has said electronic votes can't be recounted as accurately as those cast on paper. He sued state election officials arguing that the U.S. Constitution would be violated by a voting system that varies from county to county.

The 11th U.S. Circuit Court of Appeals rejected a motion by Florida Secretary of State Glenda Hood to have all 12 judges hear the case. Last week, a three-judge panel ordered that a federal judge hold a trial.

Hood's office has invited Wexler and others to help draft an emergency recount rule. Attorneys for the state left without speaking to reporters after Friday's hearing.

Florida adopted the touch-screen machinery after the 2000 debacle involving punch-card ballots and hanging chads. A five-week court battle over disputed ballots from several counties kept the outcome of the presidential election up in the air until the U.S. Supreme Court stopped the recounts, giving President Bush the state by a 537-vote margin.

More than 100,000 touch-screen machines are in use nationwide. Only a small percentage have printers and produce a paper record of each ballot.