This Florida case sets an excellent precedent.
caselaw.lp.findlaw.com\wk3\beckstrom_vs_vogel_91642&invol=1
Beckstrom v. Volusia County Canvassing Board:
a trial court’s factual determination that a contested certified election reliably reflects the will of the voters outweighs the court’s determination of unintentional wrongdoing by election officials in order to allow the real parties in interest--the voters--to prevail. By unintentional wrongdoing, we mean noncompliance with statutorily mandated election procedures in situations in which the noncompliance results from incompetence, lack of care, or, as we find occurred in this election, the election officials’ erroneous understanding of the statutory requirements. In sum, we hold that even in a situation in which a trial court finds substantial noncompliance caused by unintentional wrongdoing as we have defined it, the court is to void the election only if it finds that the substantial noncompliance resulted in doubt as to whether a certified election reflected the will of the voters.
Florida State Statutes also say in 101.61-68, there is a criminal penalty for filling out a ballot application, fraudulently. However, GOP election volunteers filled out correct information (Voter ID numbers) on the ballot applications. The law also states that the ballot can be thrown out only if the electors (voters) signature, and witness, are either false (fraudulent) or missing.
Therefore, on what basis would the judge throw out 15K votes?
Think about this....if you show up to vote without your voter registration card, poll workers routinely look you up in the book of registered voters. After finding your name, and presenting I.D. you are allowed to vote. Seminole County officials did basically the same thing to absentee voters. |