Seminole County ballots

[Michael MASINTER]

I agree that the relief sought in the Seminole County case is improper,
and should be denied.  There is not a causal relationship between the
misconduct and any vote for Bush.  Had the election official simply
ignored the requests, then no absentee ballots would have been sent to
those who requested them.  They then could have 1) renewed the request or
followed up to see why it had not been granted, or 2) voted in person on
election day.

There is Florida caselaw striking all absentee ballots from the Miami
mayoral election from two years ago, observing that voting is a right, but
absentee voting is a privilege, but there the requests were fraudulent,
submitted on behalf of people who were dead or who had not requested them,
and led to the hand delivery of the ballots to people who had delivered
the requests.  The causal relationship was obvious; absent the fraud,
these folks would never have voted.

Though I think the lawsuit seeks improper relief, I would not sanction the
lawyer who filed it; Florida law only authorizes sanctions in the absence
of any justiciable issue of law or fact, and that standard is not met in
this case.


Michael R. Masinter                     3305 College Avenue
Nova Southeastern University            Fort Lauderdale, Fl. 33314
Shepard Broad Law Center                (954) 262-6151
masinter at nova.edu                       Chair, ACLU of Florida Legal Panel