XXXXX DRUDGE REPORT XXXXX SUN NOV 19, 2000 19:31:42 ET XXXXX
RELEASED: DEMOCRAT MEMO ON HOW TO DISQUALIFY MILITARY VOTES
**World Exclusive**
The DRUDGE REPORT has obtained -- and is now releasing worldwide -- a memo
circulated to Democrats throughout Florida detailing how to disqualify
overseas military ballots!
MORE
It's been talked about. It's been flashed on TV. But now only the DRUDGE
REPORT can bring you the full text.
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 101.62(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 canvass of the ballot specifying
the precinct, the ballot, and the reason he or she believes the ballot to
be illegal. A challenge 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 voter's 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.
2. The voter's signature: The ballot envelope must be signed by the voter.
The signature of the elector as the voter's certificate should be compared
with the signature of the elector of the signature on the registration
books to determine that the elector who voted by ballot is the elector
registered. See Section 101.68(c)x, Florida Statutes.
3. The ballot is properly witnessed: The absentee ballot envelope must be
witnessed by a notary or an attesting witness over the age of eighteen
years. You may note that these requirements vary from the statutory
language from the Section 101.68(2)(c)1, Florida Statutes. Certain
statutory requirements in that section were not proclaimed by the Justice
Department pursuant to Section 5 of the Voting Rights Act, Sec. DE 98-13.
4. The ballot is postmarked: With respect to absentee ballots mailed by
absolute qualified electors overseas only those ballots mailed with an
APO, PPO, or foreign postmark shall be considered valid. See Section
101.62(7)(c), Florida Statutes. This statutory provision varies from rule
15-2.013(7), Florida Administrative Code, which provides overseas absentee
ballots may be accepted if "postmarked or signed and dated no later than
the date of the federal election."
5. The elector has not already voted (duplicate ballot). In some
instances, an absent qualified elector overseas may have received two
absentee ballots and previously submitted another ballot. No elector is
entitled to vote twice. (Please insert appropriate Fl. xxx.)
To assist your review, we have attached the following:
1. A review Federal Postal regulations relating to FPO's and PPO's.
2. A protest form to be completed with respect to each absentee ballot
challenged.
3. Overseas Ballot Summary of Definitions.
Revised
Overseas Ballot Summary of Definitions
There are 3 different types of overseas ballots that are valid for return at
the counties provided they are postmarked on or before November 7th.
1. Federal Write-In ballot
Must be an overseas voter and must be eligible to vote and be registered
under State law.
Must have affirmatively requested an absentee ballot in writing and
completely filled out request (including signature)
Must comply with State laws applying to regular absentee ballots (such as
registration requirements, notification requirements, etc.)
Ballot contains only Federal races, and is considered to be a "backup"
system if the regular state absentee ballot fails to arrive.
The intent of the voter in casting the ballot should govern. In other
words, minor variations in spelling candidate or party names should be
disregarded in ballot counting so long as the intention of the voter can
be ascertained.
Must be postmarked as an APO, FPO, or MPO in a foreign country or at a
foreign post office.
2. Florida Advance Ballot
Sent out in advance of a regular General Election ballot with state and
Federal candidates listed.
Must be an overseas voter and must be eligible to vote and be registered
under State law.
Must comply with State laws applying to regular absentee ballots (such as
registration requirements, notarization requirements, etc.)
Must have affirmatively requested an absentee ballot in writing and
completely filled out request (including signature)
Sent prior to the second (or October) primary elections to all permanent
overseas registered voters.
Must comply with all State laws regarding signatures, witness
requirements, etc.
Must be postmarked at the APO, FPO or MPO in a foreign country or at a
foreign post office.
3. Regular Overseas Ballot
Sent after the second (or October) primary elections to all permanent
overseas registered voters and voters requesting an overseas ballot from
the county.
Must be an overseas voter and must be eligible to vote and be registered
under State law.
Must comply with State laws applying to regular absentee ballots (such as
registration requirements, notarization requirements, etc.)
Must have affirmatively requested an absentee ballot in writing and
completely filled out request (including signature)
Full ballot with all candidates listed.
Likely would take precedence over any advance or federal ballot also
returned.
Must comply with all State laws regarding signatures, witness
requirements, etc.
Ballot is designed by the county.
Must be postmarked at an APO, FPO, or MPO in a foreign country or at a
foreign post office.
Below are the definitions for points of origin and postmark that are valid
for military overseas ballots:
1. APO (Army Post Office) -- A branch of the designated USPS civilian post
office, which falls under the jurisdiction of the postmaster of either New
York City or San Francisco, that serves either Army or Airforce personnel.
2. FPO (Fleet Post Office) -- A branch of the designated USPS civilian post
office, which falls under the jurisdiction of the postmaster of either New
York City or San Francisco, that serves Coast Guard, Navy, or Marine Corps
personnel.
3. MPO (Military Post Office) -- A branch of a U.S. civil post office,
operated by the Army, Navy, Airforce, or Marine Corps to serve military
personnel overseas or aboard ships.
4. Military Post Office Cancellation -- A postmark that contains the post
office name, state, ZIP Cope, and month, day, and year that the mail xxx was
cancelled.
Protest of Overseas Absentee Ballot
As provided in Section 101.68(2)(c)(2), Florida Statutes. I, as an elector in
__________ County, Florida, hereby protest against the canvass of the
overseas absentee ballot described below:
County: ____________________________________________________
Precinct: __________________________________________________
The Ballot: ________________________________________________
Name of Voter: _____________________________________________
Address of Voter: __________________________________________
Reason for rejection: ______________________________________
___ Lack of voter signature
___ Lack of affirmative request for absentee ballot
___ Request for absentee ballot not fully filled out
___ Signature on absentee ballot request does not match signature on
registration card or on ballot
___ Voter signature on envelope does not match signature on registration
card
___ Inadequate witness certification
___ Late postmark (indicate date of actual postmark)
___ Domestic postmark (including Puerto Rico, Guam, etc.)
___ No postmark
___ Voter had previously voted in this election
___ Other
__________________________________
Signature of Person Filing Protest
__________________________________
Print Name
11/15/00
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Filed By Matt Drudge
Reports are moved when circumstances warrant
http://www.drudgereport.com for updates
(c)DRUDGE REPORT 2000
Not for reproduction without permission of the author
