To: lawdog who wrote (97209 ) 12/1/2000 2:40:43 PM From: jlallen Read Replies (1) | Respond to of 769670 The Dallas Morning News, by Pete Slover, 11/30/2000 Thursday, November 30, 2000 In The News...Seminole County “Lawsuit”: Frivolous “Democrats in Seminole County, Fla., are suing to throw out some 15,000 absentee ballots, alleging that Republicans improperly assisted some 4,700 voters in preparing their ballot applications. “‘I read this [Democratic] complaint last night, and both the plaintiff and the attorney involved should be fined for abusing the courts with a frivolous lawsuit,’ said [Daniel] Lowenstein [law professor at the University of California at Los Angeles, former chairman of the California Fair Political Practices Commission and author of a highly regarded textbook on election law]. ‘These were not ballots that the Republican workers filled out, they were applications for ballots. An irregularity on an application should not rule out a legally submitted ballot.’ The Hartford Courant, by Rinker Buck, 11/30/00 “Columbia Law School Professor Samuel Issacharoff, an election law specialist, called the case ‘a sideshow.’ He said it would be ‘extraordinary’ for a court to throw out thousands of votes, including a large number in which no impropriety occurred. “He said misconduct in the distribution of absentee ballots needs to be distinguished from the more serious act of tampering with the ballots themselves. Throwing out ballots is an antidote usually reserved for cases in which ineligible, fictional or even dead voters are fraudulently included in an election, he said. “‘To take the properly filed votes of properly registered voters and throw them out? One can think of this remedy as the death penalty for these ballots,’ he said. ‘There are certainly serious allegations of improper conduct. The question is whether the ultimate penalty should be imposed.’ “Another expert, University of California at Los Angeles law Professor Dan Lowenstein - a registered Democrat - called the lawsuit ‘groundless’ and ‘an abuse of process.’ Even if Democrats weren't give the same opportunities as Republicans to obtain absentee ballots, that should be punishable by fines, criminal penalties, or by removing the election officials from office. “‘There would be no reason to throw out people's votes,’ he said.” The Dallas Morning News, by Pete Slover, 11/30/2000