To: Ish who wrote (82105 ) 11/19/2000 8:57:18 PM From: greenspirit Read Replies (2) | Respond to of 769670 Drudge posts the lawyer letter first. But he doesn't have the full report on line yet. The DRUDGE REPORT has obtained -- and is now releasing worldwide -- a memo circulated to Democrats throughout Florida detailing how to disqualify overseas military ballots!drudgereport.com Mark Herron, a Tallahassee lawyer helping shepherd Democratic presidential election lawsuits through the local courts, sent the five-page letter to Democratic attorneys across Florida giving them tips on how to lodge protests against the ballots which heavily favored Republican George W. Bush. Bush comfortably won Florida's overseas absentee vote by 1,380 votes to Vice-President Al Gore's 750 but, after vigorous challenges by Gore canvassers, 1,527 of the postal ballots, many of them from soldiers and sailors on active service, were rejected using Herron's bluprint. Gen Norman Schwarzkopf led Republican condemnation of a five-page guide which advised Democratic tellers how to raise objections to the postal votes. He said: "It is a very sad day in our country when the men and women of the armed forces are serving abroad and facing danger of a daily basis . . . and are denied the right to vote for the president of the United States who will be their commander in chief." The 5-page memo as obtained by the DRUDGE REPORT: Date: November 15, 2000 To: FDP Lawyer From: Mark Herron Subject: Overseas Absentee Ballot Review and Protest State and Federal law provides for the counting of "absentee qualified electors overseas" ballots for 10 days after the day of the election or until November 17, 2000. Sections 101.62(7)(a), Florida Statutes defines as "absentee qualified elector overseas" to mean members of the Armed Forces while in the service, members of the merchant marine of the United States and other citizens of the United States, who are permanent residents of the states and are temporarily residing outside of the territories of the United States and the Districts of Columbia. These "absent qualified electors overseas" must also be qualified and registered as provided by law. You are being asked to review these overseas absentee ballots to make a determination whether acceptance by the supervisor of elections and/or the county canvassing board is legal under Florida law. A challenge to these ballots must be made prior to the time that the ballot is removed from the mailing envelope. The specific statutory requirement for processing the canvass of an absentee ballot including of overseas absentee ballot, are set forth in Section 101.52(2) (c)2. Florida Statutes: If any elector or candidate present believes that an absentee ballot is illegal due to a defect apparent on the voter's certificate, he or she may at anytime before the ballot is removed from the envelope, file with the canvassing board a protest against the canvcass of the ballot specifying the precinct, the ballot, and the reason he or she believes the ballot to be illegal. A cahllenge based upon a defect in the voterÕs certificate may not be accepted after the ballot has been removed from the mailing envelope. The form of the voterÕs certificates on the absentee ballot is set forth in section 101.64(1), Florida Statutes. By statutory provisions, only overseas absentee ballots mailed with an APO, PPO, or foreign postmark shall be considered a ballot. See Section 101.62(7)(c). Florida Statutes. In reviewing these ballots you should focus on the following: 1. Request for overseas ballots: Determine that the voter affirmatively requested an overseas ballot, and that the signature on the request for an overseas ballot matches the signature of the elector on the registration books to determine that the elector who requested the overseas ballot is the elector registered. See Section 101.62(4)(a), Florida Statutes.