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Judge: Paper trail not required

A U.S. judge upholds a state rule and rejects a congressman's demand for paper printouts of ballots cast on touch screens.

MIAMI - The state will not be forced to create a paper record in case of tight races on touch screen voting machines, a judge ruled Monday in upholding an emergency rule setting standards for electronic voting recounts.

Touch screen machines "provide sufficient safeguards" of constitutional rights by warning voters if they didn't vote in a race and by allowing a final ballot review, U.S. District Judge James Cohn wrote in a 25-page order.

U.S. Rep. Robert Wexler, D-Boca Raton, sued to create a paper record for manual recounts in close elections like the contentious 2000 presidential race or an order switching 15 counties from touch screen systems to optical scan voting with paper ballots by 2006.

Wexler said he planned to appeal to the 11th U.S. Circuit Court of Appeals in Atlanta on the ruling favoring Secretary of State Glenda Hood.

The judge found no constitutional violation in a touch screen recount rule issued by the state Oct. 15 to replace one thrown out in August by a state judge.

After hearing three days of testimony last week, Cohn concluded that "the preferential method of casting a ballot" would include a paper printout allowing voters to make sure their selections are correct. But he said he was limited to determining "whether the current procedures and standards comport with equal protection."

Wexler called the ruling "a partial victory."

"I'm very excited about the fact that the judge endorsed a paper trail as the preferable voting system," Wexler said. He said he thinks the judge was reluctant to make "drastic changes" with early voting under way little more than a week before Election Day.

"Gov. (Jeb) Bush successfully ran the clock out on the ability to improve the election process for 2004," Wexler said.

Hood's office said the machines have a successful track record since they were introduced to the state in 2002 following the punch card ballot problems in 2000 that resulted in magnifying-glass examinations of "hanging chad" and "pregnant chad" on ballots during recounts.

"Voters should have complete confidence in the voter systems we're using, and for Congressman Wexler to try to erode the voter confidence or put doubt in the voter's mind does a real disservice to the voters of Florida," Hood spokeswoman Jenny Nash said.

TALLAHASSEE - An appeals court ruled Monday that Secretary of State Glenda Hood was wrong to refuse to let an ill South Florida Democratic congressional candidate take his name off the ballot.

Attorneys for local Democratic leaders said the decision by the 1st District Court of Appeal means people will be able to vote for a substitute candidate designated to challenge U.S. Rep. Clay Shaw, R-Fort Lauderdale.

Jim Stork, former mayor of Wilton Manors, qualified to run against Shaw in the district covering parts of Broward and Palm Beach counties, but asked to withdraw from the race on Sept. 23 because of a heart problem.

State law says candidates can withdraw their names on or before 42 days before an election, and gives the Department of State discretion to reject withdrawals requested after that. Hood said at the time she rejected Stork's request "in the interest of avoiding disruption and confusion."

Democrats went to court to challenge Hood's decision. Based on another provision of state law, they also nominated Robin Rorapaugh, an aide to U.S. Rep. Peter Deutsch, to replace Stork.

Early this month Circuit Judge Janet Ferris in Tallahassee ruled that the state erred in denying Stork's withdrawal request. She said Hood had ignored "the strong public policy in this state of providing voters with greater choice and ensuring ballot access."

A three-judge panel of the 1st DCA rejected Hood's appeal and unanimously upheld Ferris.

Hood's office is considering an appeal, said spokeswoman Jenny Nash.

If the DCA ruling stands, according to the Democrats' attorneys, even if Rorapaugh's name is not placed on the ballot, a vote for Stork must be counted as a vote for his replacement under state law.