Let the District 13 Lawsuits Begin

Brad Blog reports that VoterAction.org, People for the American Way Foundation, the ACLU of Florida, the Electronic Frontier Foundation, and Common Cause will be filing lawsuits questioning the legitimacy of the Florida District 13 Congressional race count. The problem is the Roudebush v Hartke case set a legal precident for voting count challenges.

Incumbent Senator Hartke was certified by the Indiana Secretary of State to the Governor as the winner of the close 1970 Indiana senatorial election. Candidate Roudebush filed a timely recount petition in state court. The state court denied Hartke's motion to dismiss on the grounds of conflict with the Indiana and Federal Constitutions, and granted the petition for a recount. Hartke sought an injunction against the recount in United States District Court, invoking jurisdiction under 28 U.S.C. 1343 (3) and claiming that the recount was barred by Art. I, 5, of the Federal Constitution, delegating to the Senate the power to judge the elections, returns, and qualifications of its members. The three-judge District Court issued the requested injunction. After appeals were filed here, the Senate seated Hartke "without prejudice to the outcome of an appeal pending in the Supreme Court . . . and without prejudice to the outcome of any recount that the Supreme Court might order." Hartke then moved to dismiss the appeals as moot.

There must be proof, beyond a reason of doubt, that the Elections Systems & Software voting machines were faulty or that Jennings won the race. The recount has increased Vern Buchanan's lead.

Here is an interview with Susan Pynchon of Florida Fair Elections Coalition.