"John D. Giorgis" wrote:
>
> Read it for yourself:
>
>http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Index&Title_Request=IX#TitleIX
>
> Also, the relevant text from 101.151 is this:
> "To vote for a candidate whose name is printed on the ballot, place a cross (X)
>mark in the blank space at the right of the name of the candidate for whom you desire
>to vote."
>
> By this token, if you are going to invalidate the ballot since you had to vote to
>the *left* of Buchanan's name, you should also eliminate all punch card ballots,
>since voters are no longer required to make a "mark."
Ah, but the 101.011 says:
(1) In counties where paper ballots are used, each elector shall be given a
ballot by the
inspector. Before delivering the ballot to the elector, one of the inspectors
shall write his or her
initials or name on the stub attached to the ballot; then the elector shall,
without leaving the
polling place, retire alone to a booth or compartment provided, and place an
"X" mark after the
name of the candidate of his or her choice for each office to be filled, and
likewise mark an "X"
after the answer he or she desires in case of a constitutional amendment or
other question
submitted to a vote.
(2) No paper ballot shall be voided or declared invalid in any election within
the state by
reason of the fact that the ballot is marked other than with an "X," so long
as there is a clear
indication thereon to the election officials that the person marking such
ballot has made a
definite choice, and provided further, that the mark placed on the ballot with
respect to any
candidate by any such voter shall be located in the blank space on the ballot
opposite such
candidate's name.
Thus a "punch" is as valid as an X or an O or an AEIOU
>
> Then , the very first words of 101.19 are:
should be 101.119
> "The general election ballot shall be in substantially the following form:"
>
> In other words, this little bit of legaleese should not hold water.
>
But putting the mark to the left would not be substantially the same
especially when one notes that in the same paragraph further down it is
reiterated that the mark is to be to the right of the name. This is the
_third_ place in this document that it says that the mark is to be to the
right of the name or after the name, (which, since in this hemisphere we read
left to right, is the same thing. 8^) )
A few more things:
(5) Any elector who shall, by mistake, spoil a ballot so he or she cannot
vote the ballot may
return it to the inspectors, who shall immediately detach the stub, destroy
the ballot without
examination, and give the elector another ballot. In no case shall an elector
be furnished with
more than three ballots or carry a ballot outside the polling room. The clerk
shall keep a record
of all ballots destroyed.
So if a voter asks for a new ballot because they have spoiled it by punching
the wrong hole or two holes where it is required that there be only one, an
inspector is obligated to give her that ballot.
also:
(4) The names of the candidates of the party which received the highest
number of votes for
Governor in the last election in which a Governor was elected shall be placed
first under the
heading for each office, together with an appropriate abbreviation of party
name; the names
of the candidates of the party which received the second highest vote for
Governor shall be
second under the heading for each office, together with an appropriate
abbreviation of the
party name.
Making the Palm Beach ballot contrary to law.
Maybe all this is nit picky, but the whole purpose behind all of these laws is
to make a ballot clear and easy for a voter to understand. Again, if the
number of double punches is evenly distributed between the three
possibilities, all is fair and the ballots should be tossed, but if one
particular pair is by far the most prevalent mistake it is a clear indication
that there is a substantial problem with the ballot.
Doug
