Ballot ruling seen as win for governor

The Florida Supreme Court ruled unanimously that provisional ballots must be cast in the voter's home precinct for the vote to count.

BY GARY FINEOUT  Miami Herald   19 October 2004

TALLAHASSEE - The Florida Supreme Court on Monday ruled that voters who cast a so-called ''provisional ballot'' must cast it in the right precinct in order for the vote to be counted.

The unanimous ruling was a substantial victory for Gov. Jeb Bush, Secretary of State Glenda Hood and election supervisors across the state, who won't have to make a major change to the state's voting system days before the Nov. 2 election.

''The Florida Supreme Court's unanimous decision today on provisional ballots recognizes the importance of maintaining the integrity of Florida's election process,'' Hood said. ``It is a victory for all Floridians who expect an orderly election as well as for the supervisors of elections who work daily toward that goal.''

The ruling came on the same day that early voting in Broward County was marred by confusion because poll workers had trouble getting information on whether voters were registered.

Provisional ballots were created in the 2001 election-reform law as a way to guarantee that voters whose names don't appear on the rolls, perhaps through error, can still vote on Election Day.

VOTERS' CLAIMS

The controversial 2000 presidential election was marred by claims that some voters were prevented from casting ballots because their names weren't on precinct registration rolls.

Under the new system, a voter can demand a paper provisional ballot, which would be counted later if election officials verify the voter's eligibility. But state legislators also required that a voter must cast the provisional ballot in his or her designated precinct for the vote to count.

The precinct requirement prompted a legal challenge last summer from a group of labor unions, including the AFL-CIO. They said it violated Florida's Constitution, which requires only that voters vote in their home county. Union attorneys maintained that precinct changes caused by four hurricanes this year and redistricting could leave some voters unaware of where they need to vote.

The Florida Supreme Court, however, ruled that the restriction on provisional ballots was a ''reasonable and necessary regulation'' where and when voters can cast their ballots, similar to polling place hours. They noted that the precinct system has been used in Florida elections for more than 100 years.

''We conclude that the precinct-specific provision . . . is a regulation of the voting process, not a qualification placed on the voter, and is no more unreasonable or unnecessary than the comparable provision . . . which has been operative for decades,'' the unsigned opinion stated.

Howard Simon, executive director of the American Civil Liberties Union of Florida, said he was disappointed by the ruling and noted that Florida's use of early voting showed that the precinct system is out of date.

Voters can go to any early voting site in their home county and cast a ballot, although they are given a ballot based on the precinct they live in.

COURT `NOT SENSITIVE'

''I'm disappointed that the court didn't display more sensitivity to the problem,'' said Simon.

''There is nothing sacred about the precinct-based system,'' he added. ``In effect, what the court did was come down on convenience of election officials rather than on the side of the voter.''

The ACLU last week released an analysis of several elections between 2002 and 2004 that showed that 7.3 percent of provisional ballots cast in 10 counties were thrown out because voters were in the wrong precincts.

CAUSE FOR CONCERN

Simon said he still worries that some poll workers will offer up provisional ballots to mollify a voter who insists he or she is in the right precinct.

State officials have already reminded election supervisors to take steps to help voters find the right precinct.

Last week Dawn Roberts, director of the Division of Elections, sent out a memo to county election supervisors reminding them that poll workers should first try to check to see if a voter is in the right precinct before offering them a provisional ballot. If the voter is in the wrong precinct, the poll worker is supposed to direct the voter to the right one.

The state Supreme Court ruling also said that no motion for rehearing will be allowed, meaning that the issue is settled as far as the state court is concerned.

A similar lawsuit against provisional ballots was filed this past month in federal court by the Florida Democratic Party, but a federal judge denied the party's request for an order blocking the state from throwing out the provisional ballots.

A final order, however, is still pending in that case