-Caveat Lector-

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 101.52(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
voter¹s certificate may not be accepted after the ballot has been
removed from the mailing envelope.

The form of the voter¹s 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.

MORE
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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


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