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LUCY MORGAN and JONI JAMESThe state's view prevails: Voters who think an error kept them off the rolls can cast such a ballot only in their own precinct.
TALLAHASSEE - Voters can cast provisional ballots, but they will only count if cast in their home precincts, a federal judge ruled Friday.
The ballot will be counted only if the voter was erroneously excluded from the voter list and was entitled to vote "at that time and place," U.S. District Judge Robert L. Hinkle ruled.
The Florida Democratic Party sued last week in an effort to force officials to count provisional ballots cast anywhere in a voter's home county.
The Democrats' lawyer, Alan Fein of Miami, said the party filed the suit to help voters who arrive late at the wrong precinct without time to get to their home precinct. Fein argued that elections officials could count only the votes cast for federal candidates and other races on the ballot in the voter's own precinct.
Attorneys for Secretary of State Glenda Hood argued that officials have the right to restrict provisional ballots to a voter's own precinct - that to allow voters to use any precinct would invite chaos.
"The purpose of the law is not to forgive a voter mistake or increase convenience for a voter who deliberately goes to the wrong place," said Tallahassee lawyer Barry Richard, who represented a voter and a state lawmaker.
Richard said the provisional ballot was created after Florida's problem-plagued 2000 election, when people entitled to vote were turned away at the polls due to administrative mistakes.
The judge agreed.
If Congress intended to make such a substantial change in the way the nation votes, it would have clearly said so, Hinkle said.
"It would be a very dramatic change in state voting requirements," Hinkle said. "If you want more, you need to go tell the Legislature ... or go to Congress."
State officials can notify election supervisors in all 67 counties that a provisional ballot should be issued to anyone who insists he is in the right precinct, said Hood's attorney, George Meros. The ballot would not be counted if officials later determine the voter was in the wrong precinct.
The suit is similar to one filed in state court by labor unions. The state lawsuit is scheduled for a hearing before the Florida Supreme Court next week.
Across town Friday another set of lawyers argued before Circuit Judge Janet Ferris in a separate lawsuit against Hood.
Late Friday afternoon, Ferris ruled that Hood erred late last month when she denied Democrat Jim Stork's request to withdraw from the District 22 congressional race in Palm Beach and Broward counties. She ordered Hood to notify local Democratic officials of their right to designate a replacement for Stork.
Stork, 37, the former mayor of Wilton Manors, said last month he wanted to leave the race because of a heart condition. Democratic Party leaders have suggested their choice to replace Stork is longtime U.S. Rep. Peter Deutsch. U.S. Rep. Clay Shaw is the Republican in the race.
Hood's attorneys argued that state law gave Hood discretion to deny the withdrawal request because it came less than 42 days before the election. Her staff said Stork's request would require removing his name from the ballot, which would be impossible in the short time available.
Ferris ruled that Hood's interpretation "ignores the strong public policy in this state of providing voters with greater choice and ensuring ballot access."
Also Friday, a federal judge in Fort Lauderdale ruled that a lawsuit demanding that touch screen voting machines be made to produce paper printouts won't be tried until Oct. 18, making it doubtful any significant change to the system will occur before the election.
Last week, a federal appellate court panel in Atlanta ordered a trial on the issue.
The Associated Press contributed to this report.