| Text 4152, 135 rader
Skriven 2004-10-28 00:24:33 av Ed Connell (1:379/1.6)
   Kommentar till text 4119 av Jeff Binkley (1:226/600)
Ärende: Re: Lawsuits
====================
Hey, Jeff.
 JB> ============================================
 JB> http://www.washtimes.com/national/20041027-123332-5663r.htm
 JB> Democrats file 9 suits in Florida
 JB> By Jerry Seper
 JB> THE WASHINGTON TIMES
 JB> Democrats in Florida already are pursuing nine election-related
 JB> lawsuits, accusing state election officials of conspiring to
 JB> disenfranchise minority voters.
 JB>     Led by the Florida Democratic Party, the People for the American
 JB> Way, the American Federation of State, County and Municipal Employees
 JB> and the AFL-CIO, the lawsuits target, among others, Florida Secretary
 JB> of State Glenda Hood, who was appointed by Republican Gov. Jeb Bush,
 JB> President Bush's brother.
 JB>     The suits say Republican officials refused to count provisional
 JB> ballots, improperly disqualified incomplete voter registrations,
 JB> established overly restrictive rules to disproportionately hurt
 JB> minority voters and actively sought to disenfranchise blacks.
 JB>  Matt Miller, a spokesman for the Kerry campaign, said Republicans are
 JB> "trying to scare people away from the polls."
 JB>     But Mrs. Hood's spokesman, Alia Faraj, described the lawsuits as
 JB> politically motivated, saying they were eroding public confidence in
 JB> the election process by challenging "every single law we are
 JB> following."
 JB>     One suit challenges a ruling by Mrs. Hood to throw out forms on
 JB> which new voters had failed to check a box indicating whether they were
 JB> U.S. citizens, and another argued that although only 17 percent of the
 JB> voters in Broward County and 20 percent in Miami-Dade County were
 JB> black, more than a third of the voter-registration forms that were
 JB> determined to be incomplete and invalid in both counties involved black
 JB> voters.
 JB>     The American Civil Liberties Union (ACLU) has successfully
 JB> challenged a ruling on how counties with touch-screen voting should
 JB> conduct manual recounts. The state had banned the recounts, but an
 JB> administrative-law judge agreed with the ACLU challenge and tossed that
 JB> rule in August.
 JB>     Mr. Bush's campaign manager, Ken Mehlman, yesterday predicted that
 JB> Mr. Kerry would employ "fraud, intimidation and lawsuits" in an attempt
 JB> to overturn a Bush victory on Tuesday. He said if Democrats lose at the
 JB> ballot box, they would use lawyers "to try to shoehorn a victory."
 JB>     "What you're seeing is an attempt, through lawsuits and through
 JB> intimidation, by Democrats to convert their allies' registration fraud
 JB> into voter fraud on Election Day," he said. "What you're going to see
 JB> is an attempt by them, regardless of what the outcome is, to say: 'It's
 JB> unfair. We're going to sue.' "
 JB>     Republican National Committee (RNC) Chairman Ed Gillespie said the
 JB> lawsuits are part of a Democratic plan to "use lawyers and baseless
 JB> allegations to skew the results in their favor." He said the RNC thinks
 JB> that "no legitimate voter should be disenfranchised, either by being
 JB> denied a vote or by having an honest vote canceled out by a fraudulent
 JB> vote."
 JB>     Mr. Gillespie said teams of Democratic lawyers will seek to change
 JB> the rules in ways that would make it easier to engage in systematic
 JB> voter fraud on Election Day.
 JB>     "The American people should be confident that legitimate voters
 JB> casting legitimate votes determine the outcome of this election," he
 JB> said.
 JB>     Democratic National Committee (DNC) Chairman Terry McAuliffe has
 JB> accused Republicans of engaging in "systematic efforts" to
 JB> disenfranchise voters, imposing unlawful identification requirements on
 JB> voters, throwing eligible voters off the rolls and depriving voters of
 JB> their right to cast a provisional ballot.
 JB>     "Regardless of party or candidate, it is the civic and moral duty
 JB> of both parties to encourage complete and full participation in the
 JB> democratic process," he said in a recent letter to Mr. Gillespie.
 JB>     In 2000, the Supreme Court ruled 5-4 that a Florida recount be
 JB> halted after 36 days, giving the state's 25 Electoral College votes to
 JB> Mr. Bush, which put him in the White House. The high court, according
 JB> to public statements by several justices, did not think the ruling
 JB> would prompt a flood of lawsuits in future federal, state and local
 JB> elections. But both major parties since have hired an army of lawyers
 JB> to respond to potential legal challenges this year.
 JB>     The DNC has 10,000 lawyers on call, including six "SWAT squads"
 JB> that are ready to deploy on the orders of Mr. Kerry and his campaign
 JB> staff. The team is headed by Steven Zack, whose law partner, David
 JB> Boies, argued for former Vice President Al Gore before the Supreme
 JB> Court in 2000.
 JB>     The RNC is coordinating a countervailing force of lawyers to
 JB> respond to voter challenges in 30,000 key precincts, mostly
 JB> battleground states. The effort is being directed through Republican
 JB> state party officials. Former Bush administration Solicitor General
 JB> Theodore B. Olson, who argued for Mr. Bush in the Supreme Court case,
 JB> is expected to be a key player in any Republican legal challenges.
 JB>     "We will have the folks on the ground, we will have the strategy to
 JB> deal with that and we will protect the integrity of the election
 JB> process," Mr. Mehlman said.
 JB>     In 2001, the U.S. Commission on Civil Rights said after a three-
 JB> month investigation that the Florida presidential election was rife
 JB> with "injustice" and "ineptitude" that resulted in the
 JB> disenfranchisement of black voters.
 JB>     But two members of the eight-member panel, Abigail Thernstrom, a
 JB> Republican, and Russell G. Redenbaugh, an independent, disputed the
 JB> findings in a 50-page dissent, saying commission investigators used
 JB> flawed data to justify a "preconceived, partisan belief" the election
 JB> was marred by discrimination and disfranchisement of minority voters.
 JB>     Mrs. Thernstrom said at the time that a more rigorous statistical
 JB> analysis showed that race was unrelated to the rate of ballot spoilage
 JB> and that no evidence supported accusations of disfranchisement or
 JB> discrimination of minorities. She said the Florida election was
 JB> "hampered only by problems that were neither motivated by racial
 JB> discrimination nor served to disfranchise minority voters."
 JB>     During hearings in Tallahassee, Fla., the commission called three
 JB> black voters to substantiate what the panel said was a "conspiracy" to
 JB> block minority voters from polling places, but none of three could show
 JB> that they had been denied their right to vote. No other witnesses were
 JB> called.
 JB>     John Nelson, the Rev. Willie D. Whiting and Roberta Tucker, all of
 JB> Tallahassee, testified under oath that they had concerns and had read
 JB> about problems concerning voter irregularities, but all of them voted
 JB> at their polling precincts.
 JB>     Mr. Nelson said he saw unmanned police cars near different polling
 JB> places on Election Day and thought that was "unusual." Mrs. Tucker said
 JB> she was detained at a routine police driver's license checkpoint that
 JB> had been functioning for weeks before the election, but was waved on
 JB> after producing her valid license. Mr. Whiting said his name had been
 JB> purged by mistake from the voting rolls when he had inaccurately been
 JB> identified as a felon, but was allowed to vote after a call to an
 JB> election supervisor.
 JB>     Commission Chairman Mary Frances Berry, an independent who has
 JB> supported Democratic candidates and causes, said at the time that even
 JB> though none of the witnesses had been denied access to a polling site,
 JB> "we know some bad things happened."
 JB>     ?Bill Sammon contributed to this article.
Democrats!
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