State appeals ruling on paper ballot measure
The lawsuit seeks an opinion before Election Day.
By JENNIFER LIBERTO
Published September 26, 2006
TALLAHASSEE - Secretary of State Sue Cobb is appealing a court ruling that would allow Sarasota County voters to decide Nov. 7 whether paper ballots should be used instead of electronic touch screens in future elections in that county.
Cobb wants the case to skip the next level, the state appellate court, and go straight to the Florida Supreme Court.
The state's appeal is of a circuit court ruling nearly two weeks ago clearing the way for a vote on a controversial charter amendment that would require paper ballots instead of touch screen machines in Sarasota County.
Cobb's lawsuit alleges that the judge's ruling conflicts with state law and threatens "uniformity of Florida's elections law." It does not seek to stop voters from considering the paper ballot measure Nov. 7, but it asks for an opinion before the general election.
"We'd hope this matter is expedited," Cobb said. "We felt that it was important that we appeal this ruling and establish the rights of the state and the rights of the counties."
The measure in question would affect only voting machines in Sarasota. Touch screen machines also are used in 14 other counties, including Pinellas, Hillsborough and Pasco.
The amendment was brought forth by a group called Alliance for Fair Elections, which distrusts electronic voting machines. The group's efforts have been closely watched and heralded by those who want electronic voting machines to produce paper trails.
"We anticipated they wouldn't take this lying down," said Kindra Muntz, the group's chairwoman. "We're getting ourselves involved in what they think is their turf."
The next step is for the state appeals court to decide whether to relinquish its hold on the case.
The secretary of state's office is paying Tallahassee lawyer Peter Antonacci $250 an hour to appeal the judicial decision, half the rate normally charged by his law firm, Gray Robinson, which has a legal contract with the agency.
Times staff writer Alisa Ulferts contributed to this report.