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Politics : Electoral College 2000 - Ahead of the Curve -- Ignore unavailable to you. Want to Upgrade?

To: Windsock who wrote (2595)	11/18/2000 7:15:39 PM
From: Ilaine	Read Replies (1) \| Respond to of 6710

I disagree that furnishing the omitted information is a violation of Florida law, although I agree that the person requesting the absentee ballot was supposed to give it. A failure to strictly comply with trivial rules isn't a felony. It's a ministerial act. There was no intention to defraud. Here is the applicable statute. 104.047 Absentee ballots and voting; violations.-- (1) Any person who provides or offers to provide, and any person who accepts, a pecuniary or other benefit in exchange for distributing, ordering, requesting, collecting, delivering, or otherwise physically possessing absentee ballots, except as provided in ss. 101.6105-101.694, is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2) Except as provided in s. 101.62 or s. 101.655, any person who requests an absentee ballot on behalf of an elector is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) Any person, other than a notary or other officer entitled to administer oaths or an absentee ballot coordinator as provided by s. 101.685, who witnesses more than five ballots in any single election, is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (4) Any person who marks or designates a choice on the ballot of another person, except as provided in s. 101.051, s. 101.655, or s. 101.661, is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (5) Any person who returns more than two absentee ballots to the supervisors of elections in violation of s. 101.647 is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

To: Windsock who wrote (2595)	11/18/2000 8:49:31 PM
From: Ilaine	Read Replies (1) \| Respond to of 6710

Windsock, I just took a look at the Florida law on requests for absentee ballots. Fl. Election Code 101.164 (2) provides as follows: >>(2) Upon receipt of a federal postcard application for an absentee ballot executed by a person whose registration is not in order and whose application is insufficient to register or update the registration of that person, the supervisor shall follow the procedure set forth in s. 97.073.<< S. 97.073 provides as follows: >>97.073 Disposition of voter registration applications; cancellation notice.-- (1) The supervisor must notify each applicant of the disposition of the applicant's voter registration application. The notice must inform the applicant that the application has been approved, is incomplete, has been denied, or is a duplicate of a current registration. A registration identification card sent to an applicant constitutes notice of approval of registration. If the application is incomplete, the notice must instruct the applicant to complete another voter registration application, which the supervisor must provide. A notice of denial must inform the applicant of the reason the application was denied. (2) Within 2 weeks after approval of a voter registration application that indicates that the applicant was previously registered in another jurisdiction, the supervisor must notify the registration official in the prior jurisdiction that the applicant is now registered in the supervisor's county.<< So all that was supposed to happen was that the supervisor was supposed to notify the person trying to get the ballot that it was incomplete. Then, presumably the person could supply the missing information. So someone else did it for them? What is the problem? I don't blame them for hiring lawyers, but that doesn't mean they are guilty, just scared.