News

Second Wexler voting challenge thrown out

May 25, 2004

PALM BEACH, Fla.-A federal judge threw out U.S. Rep. Robert Wexler's second challenge to paperless voting, according to an article in the Palm Beach Post.

The judge said the Delray Beach Democrat's federal suit was an attempt to "interfere" with a similar case. 

Wexler appealed Miller's ruling March 4, and also filed his federal suit. U.S. District Judge James Cohn said the state and federal cases  were "virtually identical." and criticized the timing of Wexler's federal complaint.

In his criticism of the case Cohn said "Plaintiffs are attempting to directly interfere with the state case. The timing of the federal suit speaks volumes with respect to the intent of the plaintiffs. They did not file the federal suit until after the state circuit court had issued a ruling against Wexler."

Cohn's order does not address the merits of Wexler's complaint, but cites "a strong federal policy against federal-court interference with pending state judicial proceedings absent extraordinary circumstances."

Wexler wants a  ban on the current style of paperless voting because Palm Beach County and 14 other Florida counties that use touch screens cannot conduct manual recounts in close elections while the 52 other counties with optical scan systems can review ballots by hand.

Wexler wants touch screens to be outfitted with printers that would allow voters to verify their selections before casting their ballots.

Wexler's state suit said touch screens violate the state's manual recount law. In his federal suit, he claimed the fact that some counties can conduct manual recounts while others cannot is a violation of equal-protection guarantees in the Constitution.