Florida Sec. of State defies court ruling that keeps Nader off ballot:
Plea puts Nader back on ballot
An appeal by Florida Secretary of State Glenda Hood temporarily blocks a judge's decision.
By LUCY MORGAN, Times Tallahassee Bureau Chief
Published September 14, 2004
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TALLAHASSEE - Ralph Nader is on the ballot again in Florida.
For now, anyway.
Secretary of State Glenda Hood on Monday appealed a court order removing Nader from the Nov. 2 presidential ballot, effectively blocking the judge's decision.
Hood then notified local elections officials to put Nader's name on the ballot as the Reform Party candidate in time for overseas absentee ballots to be printed and mailed by Saturday, a deadline set by state law.
"We have a responsibility to voters to make sure they are able to exercise the right to vote," Hood said.
If another court orders Nader off the ballot, elections officials would simply not count votes cast for him, Hood said. Touch screen voting machines could be changed in time to remove Nader's name, and notices could be posted in polls in other counties, she said.
"I'm sure people will criticize the action based on their own point of view," Hood said. "But we have a responsibility to voters and elections officials to support the elections process."
She was right: The decision brought complaints from Democrats who said Republican Gov. Jeb Bush is trying to help re-elect his brother.
"I cannot believe this, it's beyond the pale," said Florida Democratic Party chairman Scott Maddox. "Since when is the state Division of Elections the advocate for the Reform Party?"
Hood denied partisanship was involved.
Bush said he had been advised of the decision and agreed with it.
It makes sense to keep Nader's name on the ballot in case Nader wins the court battle, Bush said, and he criticized Leon Circuit Judge P. Kevin Davey for going on vacation.
Hood agreed. "Voters should be frustrated and outraged by Judge Davey's not making this a priority," Hood said.
Hood's decision reversed instructions she sent to local elections officials last week after Davey issued a temporary order striking Nader from the ballot. Davey said he would hear arguments to make the order permanent after returning from a trip to San Francisco this week. He said he doubted he would change his ruling.
Unless she appealed, Hood said elections officials could not comply with legal deadlines for mailing ballots overseas.
Hurricane Ivan could further delay the case, leaving elections officials unable to get a final decision before the deadline for overseas absentees.
Meanwhile, the 1st District Court of Appeal asked the Florida Supreme Court to take the case, and later Monday, the high court agreed to - but said it would wait until Davey issues his final order on Wednesday.
In her new order to the state's 67 elections supervisors, Hood listed eight candidates for president, including Nader, George W. Bush, John F. Kerry and lesser-known candidates Michael A. Peroutka, Michael Badnarick, David Cobb, James Harris and Walter F. Brown.
Nader's presence on the ballot was challenged in a lawsuit by four voters, the Florida Democratic Party and the Ballot Project, an independent political group. They contend the Reform Party is no longer legitimate and Nader's presence on the ballot violates state election laws.
Ed Stafman, attorney for the Ballot Project, compared Hood to former Secretary of State Katherine Harris, saying her actions were "outrageous and lawless." Stafman said he will go to court today to challenge the state's "cheap partisan act."
Nader's presence on the ballot is a sore point with the state's Democrats because in 2000 he received more than 92,000 votes in Florida, a state President Bush won by 527 votes to decide the election.
[Last modified September 14, 2004, 00:34:11]
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