Trial Ordered in Fla. E-Ballot Lawsuit

Jackie Hallifax - AP - Sept 27, 2004

TALLAHASSEE, Fla. - Just five weeks before Election Day, a federal appeals court Monday revived a lawsuit demanding that all Florida voters who use touchscreen machines receive a paper receipt, in case a recount becomes necessary.

The 11th U.S. Circuit Court of Appeals told a federal judge in Fort Lauderdale to reopen the case, which could affect 15 Florida counties whose electronic voting terminals do not issue paper records.

It was not immediately unclear if the case could be decided before the Nov. 2 presidential election.

The three-judge panel in Atlanta wrote that U.S. District Judge James Cohn misapplied a 35-year legal doctrine when he threw out the lawsuit filed by Rep. Robert Wexler, D-Fla.

Wexler claims that paperless ballots cannot be recounted as accurately as those cast on paper. He sued state election officials, arguing that the Constitution would be violated by a voting system that varies from county to county.

[...] A growing number of voter rights advocates and computer scientists say such systems expose elections to hackers, software bugs and hardware failures. They are urging election officials to ban paperless machines — or provide stacks of paper ballots voters can use on Election Day if they want.

[...] In a similar lawsuit filed by Wexler in state court, an appeals court ruled last month that a paper trail is not required, saying voters are not guaranteed "a perfect voting system." That case has been appealed to the Florida Supreme Court.

The federal appeals court said there is no reason the federal case cannot go forward at the same time.

All counties in Maryland, Georgia and Delaware have touchscreens. They have also been installed in California, New Mexico, Texas and other states.

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