-Caveat Lector-
Nov 8, 2000 - 11:03 PM
Judges have power to overturn elections
WILLIAM MARCH
The Tampa Tribune
TAMPA - Under a 1998 court ruling, Florida judges have broad
authority to invalidate elections or order new elections in cases
in which fraud, or even unintentional error, results in flawed
outcome.
``The criteria are very broad, almost completely undefined, and
they grant state judges a great deal of discretion,'' said Steve
Gey, a constitutional law expert at the Florida State University
College of Law.
Gey said if irregularities are found in Tuesday's vote for
president, proving they affected the outcome wouldn't be hard,
because the race is so close.
The court decision stems from a challenge to the outcome of the
1996 sheriff's race in Volusia County. The state Supreme Court,
deciding the case in 1998, didn't overturn the race, but set
standards under which judges could do so, Gey said.
The standards say the judge can overturn an election if there was
fraud or irregularities that ``adversely affect the sanctity of
the ballot and the integrity of the election.''
Because the election was so close, and could so easily be
affected by any proven irregularity, Gey said, ``that last
criteria is almost a giveaway.''
Unintentional errors as well as fraud can qualify, Gey said.
If the election were found to be invalid, Gey said, the likely
remedy would be a new election. It could be held just in the
county where the irregularities occurred, or statewide, depending
on the circumstances.
In 1998, a judge overturned a Miami mayoral election because of
massive fraud, including absentee- vote fraud, and invalidated
Xavier Suarez's runoff win. His opponent, Joe Carollo, became
mayor instead.
But to many Florida political veterans, Tuesday's voting was
reminiscent of the 1988 U.S. Senate race between Buddy MacKay
and U.S. Sen. Connie Mack.
Tuesday night ``was like deja vu all over again,'' Mack said.
MacKay was initially proclaimed the winner, but the outcome was
changed by the absentee ballots - far fewer than the more than
500,000 in Tuesday's voting.
And as in Tuesday's race, there were cries that faulty layout of
the ballot affected the race. Thousands of voters in 1988
apparently failed to vote in the race because they missed the
ballot line in an obscure position at the bottom of a page.
But complaints in that case didn't change the outcome of the
race.
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