A look at voting in battleground states

Associated Press

20 September 2004

President Bush and Sen. John Kerry are running hardest in 10 states that could determine the winner on Nov. 2, with several other states potentially in play. Several of those states could be the scene of postelection lawsuits or a recount similar to the one in Florida four years ago.

A look at potential troublespots and election laws and procedures in the target states:

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_Florida: Look for Election Day technical problems or allegations of deliberate fraud or intimidation in several populous localities familiar from the 2000 recount. In particular, the city of Miami and surrounding Dade County, as well as Broward, DuVal and West Palm Beach counties.

Florida law now requires a statewide recount if the winning margin is within 0.5 percent of votes cast. The exception would be ballots cast on new electronic machines that lack a paper trail for an audit or recount.

Florida requires identification from all voters.

In Florida, provisional ballots will not be counted if an eligible voter tries to vote in the wrong precinct.

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Nevada: Clark County (Las Vegas) is the focus for both parties. Republicans have complained about potential fraud in the registering of new voters, many of them minorities. Democrats say they are on the lookout for attempts to keep qualified minorities from voting.

Defeated candidates may request a recount within three days of certification of the vote. There are minimal requirements to show ID at the polls. Provisional ballots will be counted if cast in the wrong precinct, but not if cast in the wrong congressional district.

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New Mexico: Look for Election Day squabbles in Bernalillo County (Albuquerque) or challenges elsewhere over identification requirements for voters. A state judge rejected a Republican-led attempt to require ID of anyone registered to vote in recent, massive voter drives.

Any candidate can request a recount within six days of the election.

The state will count provisional ballots cast in the wrong polling place.

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Ohio: Ground Zero for election problems this year, by many estimates. Look for Election Day disputes over fraudulent or missing voter registrations, or postelection fights over what election officials predict will be an unusually large number of absentee ballots cast this year.

Potential troublespots include Cuyahoga County (Cleveland) or Franklin County (Columbus). "We're the absolute battleground of the battleground state," said Columbus lawyer Richard Siehl, state chairman of the Republican National Lawyers Association. Siehl said he will have about two dozen lawyers on call on Election Day.

Ohio requires automatic recounts if the winning margin is within 0.25 percent of the total vote. Candidates can also request a recount. The state has well-established standards for counting the hanging chads Florida made famous. Only first-time voters who register by mail and don't include verification with the registration form must show ID at the polls. Provisional ballots will count if cast within the voter's home county.

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Pennsylvania: Both sides are paying particular attention to Philadelphia. Republicans say Democrats may resort to voter fraud, and point to charges filed against the father of a state senator for allegedly forging hundreds of voter signatures, including the names of dead people, on city council nomination papers during last year's Democratic primary. Democrats say they are watching for Republican intimidation of minority or low-income voters in inner-city Philadelphia.

Three or more electors can request a recount by alleging fraud or error in vote-counting. The state has relatively few statewide standards to guide recounts or other postelection challenges.

Pennsylvania voters must show identification the first time they vote in a given election district. Provisional ballots will be partially counted if voters cast them in the wrong precinct.

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Wisconsin: Look for Election Day disputes in Milwaukee, scene of irregularities in the 2000 election that Republicans say could have made the difference for Democrat Al Gore, who beat President Bush by just more than 5,000 votes out of 2.5 million cast in one of the tightest races in state history.

A Democratic activist was fined $5,000 for giving the homeless cigarettes to encourage them to vote in 2000, and three felons were charged for casting ballots before they had completed their sentences. The charges were later ped.

Wisconsin does not require recounts in close elections, although candidates can request them. First-time voters who were added to the rolls through a registration drive must show ID at the polls. Provisional ballots are not required because the state allows same-day voting registration.

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The other four states in the Top 10 - Iowa, Minnesota, New Hampshire and West Virginia - are considered less likely to yield court fights. The reasons vary, but amount to determinations on both sides that challenges are unlikely because of generally clean voting histories, or not worth the effort because the states command relatively few Electoral College votes or have state laws that make postelection challenges difficult.