October 08, 2004
Election litigation
The courtroom battles include:Posted by Norwood at October 8, 2004 08:23 AMA federal lawsuit filed in Tallahassee by Democrats challenging the way Hood's office has handled voter registration forms.
Hood has recommended county election officials reject forms on which voters did not check a box identifying themselves as U.S. citizens. State election officials say the forms are incomplete and cannot be accepted.
Democrats say the forms include an oath voters sign that they are citizens. A voter who signs an untrue statment risks prosecution for perjury.
U.S. District Judge Stephan Mickle has given lawyers for Hood until Tuesday to respond.
A Democratic Party challenge in federal court of the rules Hood established for provisional ballots, which are used when elections officials cannot find a voter's name on voting rolls. She says they cannot be counted unless voters file the ballot in their home precincts. Democrats say the rule violates the U.S. Constitution and federal voting laws.
The suit, filed in federal court a week ago, alleges that Florida's rule could block legally registered voters from having their votes count. U.S. District Judge Robert L. Hinkle of Tallahassee will hear from lawyers for both sides today.
A lawsuit in state court over provisional ballots, filed by labor unions, is scheduled for a hearing before the Florida Supreme Court on Wednesday.
The unions contend Hood's provisional ballot rules violate the Florida Constitution and state laws which require only that voters cast ballots in their home counties. Hood's office says Florida law requires the ballots be cast in home precincts.
A lawsuit filed by the Democratic Party in state court is scheduled for a hearing early today before Tallahassee Circuit Judge Janet Ferris. It challenges a ruling by Hood that has blocked Democrats from replacing Jim Stork, who dropped out of the race against U.S. Rep. Clay Shaw of Fort Lauderdale.
Hood said Democrats could not replace Stork with another candidate because Stork waited until after a Sept. 21 deadline to try and withdraw.
