Lawsuit surrounds provisional ballot law

The Westside Gazzette, News Report,
Hansen Sinclair, Aug 29, 2004
As the elections grow closer, still more problems bombard Florida and its methods of voting. Most recently, the American Federation of State, County and Municipal Employees filed a lawsuit and the Service Employees International Union asked the court to consider whether state laws pertaining to provisional ballots violate the state Constitution.

Secretary of State Glenda Hood, along with local election officials in Leon County filed the lawsuit. The lawsuit asks the court to order state officials to tell election supervisors that all provisional ballots cast within a county should be counted on Election Day. As it is, ballots cast in the wrong precinct are not counted, which to many union attorneys is unfair seeing as how precinct lines have changed since 2000 and not many people may be aware of this.

However, Supervisor of Elections spokesman Seth Kaplan said everything is done by the Elections Office to make sure each vote is cast in the right precinct.

''Part of the process of distributing provisional ballots is making sure an individual is in the right precinct,'' Kaplan said. ''We check our databases thoroughly to research where a person should be voting before handing out a ballot. If they do not turn up in our computer, or if we call the office and still no luck, then they are handed a ballot.''

A provisional ballot is given to a voter whose name isn't on the voter rolls but insists he is legally registered and eligible to vote. The ballots came into effect in 2001 after complaints that poll workers wrongfully turned many people away during the 2000 presidential elections.

Many see provisional ballots as yet another way to silence the Black voice at the polls, but Kaplan contends that if anything, it is there to ensure every voice is heard. ''The thousands of people who are left off the voter rolls can obtain a provisional ballot, as long as they do it in time,'' he said. ''If we find out they are eligible to vote, their ballot counts. If we find out otherwise, then it is discarded. Either way, they are given the opportunity.''

However, Kaplan said that provisional ballots should not be used as a last resort, or quick fix for laziness.

''The last thing we want is for people to abuse these ballots. Provisional ballots should be used in extreme cases, not because someone didn't register in time. Everyone should make the effort to register ahead of time.''

Kaplan said the Supervisor of Elections Office is doing everything to get people out and vote. In Miami-Dade County there are 17 early-voting sites, and neighboring counties have offered even more assistance to Miami-Dade County, should they need it. Incumbent

Broward Supervisor of Elections Brenda Snipes said she is willing to send ''experts'' from her office to assist Miami-Dade with the use of voting machines.

''We want to make sure Florida is not responsible for another fiasco like in 2000,'' Snipes said. ''All eyes are on us.''

Kaplan said if anyone has questions as to where their precinct is, they could check the nearest polling place or call the Supervisor of Elections Office at (305) 499-VOTE.

''We want every vote to count,'' he said.