Official begins clarification of ballot wording

Minutes into office, Secretary of State Jim Smith responds to criticism of the Democratic primary ballot with a quick fix and a meeting on alternate wording.

By LUCY MORGAN, Times Tallahassee Bureau Chief

© St. Petersburg Times
published August 6, 2002

TALLAHASSEE -- Fresh from a 19-hour drive from Colorado, newly appointed Secretary of State Jim Smith had been in office only minutes when he took steps to clarify confusing language on the state's September primary ballot.

Addressing complaints from Democrats and some county election supervisors, Smith ordered that all overseas absentee ballots being mailed out today include a letter to explain the ballot language.

His actions came as the Florida Democratic Party filed suit Monday to change the wording, saying it will confuse voters the way the 2000 presidential ballot did in some counties.

The ballot for the Sept. 10 Democratic primary for governor instructs voters to "Vote for One Pair," meaning one combined entry for governor and lieutenant governor.

But Democrats say that will be confusing because none of their gubernatorial candidates has chosen a running mate. That could lead some voters to pick two gubernatorial candidates, nullifying their vote, they say.

Smith was barely in office when he offered the compromise. His wife dropped him off at the Capitol, and Smith signed the formal oath of office.

A few minutes later, Smith, still wearing blue jeans from his trip, was advised that he already had been sued twice, once by the Democratic Party and once by 15 county elections supervisors who want a proposed constitutional amendment on the death penalty removed from the ballot.

"Welcome back," he joked.

And no, Smith added, he won't be seeking the full-time job when his appointment expires in January.

Gov. Jeb Bush appointed Smith to fill the final five months of office after former Secretary Katherine Harris resigned last week.

Smith, who headed the office from 1987 to 1995, has also served as state attorney general and headed up a task force that studied election problems during the 2000 presidential recount.

Smith said he was aware that Florida's election would be in a worldwide spotlight. He said he wanted to ensure that all concerns about the election were addressed.

He invited reporters to sit in on his meeting with state Democratic Party Chairman Bob Poe.

"This election is very important," Smith said. "We're going to work hard -- we're going to have an open door and work as hard as we can to make sure this election is handled properly."

It was a dramatic turnaround for an office that in recent months has refused to answer questions and has kept reporters away from the cabinet officer in charge of supervising elections. Harris was frequently unavailable in times of crisis, and her staff at times refused to disclose her location.

The absentee ballots already have been printed with the misleading language in 35 counties, and several counties have already begun mailing overseas absentee ballots. Smith said the explanatory language would be included in ballots that are mailed today and sent as a followup letter in situations where the ballots were already mailed.

The confusion arose over a change in state law.

For the first time since the state returned to electing a lieutenant governor in 1970, candidates for governor need not pick a running mate until after the primary. None of the Democrats picked a running mate, so the ballot that was prepared for a candidate and running mate is misleading.

Gov. Jeb Bush kept his running mate, Lt. Gov. Frank Brogan, but has no primary election, so only Democrats are affected.

Smith was critical of the change in the law, saying voters should have a say in who is the lieutenant governor. He predicted much confusion over the issue.

"I guess the parties wanted it," Smith noted. "But there will always be confusion when they don't have a lieutenant governor and even more confusing when some do and some don't."

Smith said it would cost Floridians a lot of money to reprint all of the ballots and could cause other legal challenges. He said explanatory fliers had been used in past elections to clarify ballot problems.

Smith and the Democrats have yet to resolve the question of how to deal with the ballot language that will greet voters who go to the polls on Sept. 10. The Democrats want the ballot changed so it instructs voters to "vote for one."

Poe said he was concerned about voters in counties that have purchased the new touch screen technology, which prevents anyone from voting twice in the same race. In some instances, he said, a voter might end up casting his vote for his second choice.

But elections officials said the machines can be programmed to alert voters so the second choice does not become their final selection.

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