Democrats prepare election challenge
By MICHELE DARGAN, Palm Beach Daily News Staff Writer  15 October 2004

Palm Beach County Democratic committeeman plans to call into question District 22 results because state won't let substitute on ballot against Shaw.

Friday, Oct. 15, 2004 — Palm Beach County Democratic Committeeman Joe Martin said he already is preparing to challenge the Nov. 2 election results in the District 22 congressional race, which includes Palm Beach.

And the challenges may not stop there.

"Based on the way this particular race is being handled, I think the whole election will be tainted," Martin said Thursday. "I think there’s going to be mass confusion at the polls and, if that happens, we will request a challenge. I think this election is going to be much more confusing than 2000."

Martin is suing the Florida Division of Elections for its decision not to allow Democrat Jim Stork to out of the race after the Sept. 21 deadline. Stork, who ped out for health reasons, was challenging 12-term incumbent U.S. Rep. E. Clay Shaw, R-Fort Lauderdale for the District 22 seat, which includes parts of Palm Beach and Broward counties. Robin Rorapaugh, who ran Bill McBride’s failed gubernatorial campaign, has been named to replace Stork.

The division of elections received a withdrawal letter from Stork on Sept. 21, two days after the deadline. But Florida law says the state "may in its discretion" allow the candidate to withdraw after the deadline, which is 42 days before the election. In a Sept. 29 letter, the division informed Stork he would not be permitted to withdraw.

"In order not to disrupt the elections process, the division decided not to allow the withdrawal," said John Glogau, special counsel for the attorney general. "It takes five weeks to reprogram these machines and early voting begins Monday. Asking supervisors to change these machines would be highly disruptive."

A circuit judge disagreed. A Leon County circuit judge ruled last week that Stork should be allowed to out and a substitute candidate named. The matter is now in the hands of the First District Court of Appeal. The state has until Monday to file its brief. Martin and co-plaintiff Kathleen Kelly, the county’s Democratic committeewoman, have until Thursday to file a response.

Both Glogau and attorney Ronald Meyer, who represents Martin and Kelly, say even if Stork’s name is on the ballot, the vote will count for Rorapaugh — pending the appellate decision.

But Martin wants Rorapaugh’s name to appear on the ballot. Palm Beach County Supervisor of Elections Theresa LePore says it’s impossible to change the ballots at this date. Stork’s name will appear on the ballot in Palm Beach and Broward counties, LePore said.

"Early voting begins Monday and there are close to 70,000 absentee ballots that have been mailed countywide, she said. "Both Broward and Palm Beach counties sent letters to state, saying we can’t go back and change anything or if we do we can’t have an election on Nov. 2. We’re way past the point of no return as far as changing anything on the ballot."