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Politics : PRESIDENT GEORGE W. BUSH -- Ignore unavailable to you. Want to Upgrade?


To: JDN who wrote (79137)11/17/2000 6:27:38 AM
From: Mao II  Read Replies (1) | Respond to of 769669
 
JDN: Not only will it stand up in court, it was specifically allowed by the court:
Florida court: Board has discretion to count
partially punched ballots

November 15, 2000
Web posted at: 12:39 p.m. EST (1739 GMT)

PALM BEACH COUNTY, Florida
(CNN) -- A Florida court ruled
Wednesday that the Palm Beach County
Canvassing Board could count ballots
with so-called "dimpled or pregnant
chad."

Election officials had delayed continuing
the manual recount of ballots in the
county because of confusion over
whether to count ballots that have been
punched, even if the tiny piece of paper
next to a candidate's name was not
detached.

After hearing arguments, Judge Jorge Larbarga of the 15th Judicial Circuit for
Palm Beach County said in an oral order that the "election process says that no
vote is to be declared invalid or void if there is a clear indication of the intention
of the voter."

Attorneys representing the Democratic Party said
some Palm Beach County voters would lose their
right to vote if election officials do not count
ballots with dimpled or pregnant chad.

Labarga agreed, ruling that the present policy of a
"per se exclusion" of ballots without a "partially
punched or hanging chad" is not in compliance
with the intention of the law.

He ruled that the West Palm Beach County
Canvassing Board has the discretion to rule on the
validity of individual ballots.

Attorneys representing Gov. George W. Bush had
argued that state and county election officials, not
the courts should decide the issue. They said it
was an issue of separation of powers.

"It's not the place of the court to stand over the
shoulder of the canvassing board," said Bush
attorney Barry Richard who attended via telephone.
cnn.com