citizenguardian
New member
Why the strongest argument that ballots in Palm Beach are illegal fails:
Florida Statue 101.191 lays out the form of general election ballots. That
form has the voting boxes to the right of the candidates' names.
Another statute, 101.21, says of machine ballots that "The order in which
the voting machine ballot is arranged shall as nearly as practicable conform
to the requirements of the form of the paper ballot for that election."
The most repeated argument that the Palm Beach ballots are illegal is that these two statutes
together entail that machine ballots must have the voting boxes to the right
of candidates' names. The Palm Beach ballots did not. Hence, they are
illegal.
But, another statute, 101.5609, says of machine ballots that
(6) Voting squares may be placed in front of or in back of the names of
candidates and statements of questions and shall be of such size as is
compatible with the type of system used.
Given these statutes, someone arguing that the Palm Beach ballots are
illegal must make at least one of two claims:
(1) "in front of" and "in back of" mean "above" and "below", or something
else, but do not mean "to the left of" or "to the right of". Or, "in front
of" and "in back of" are so unclear as to be meaningless.
(2) The Florida statutes are in irreconcileable conflict.
Each of these claims is desperate. The first because of its silliness, and
the second because of the obvious presumption in favor of interpreting the
Florida ballot requirements as mutually consistent. "as nearly as
practicable" in 101.21 should be interpreted as consistent with the
permission in 101.569.
A different legal challenge might possibly be made on the grounds that the
ballot is simply too confusing, but unless there is also clear evidence of
fraud such a challenge does not stand any realistic chance of success.
The full text of the Florida statutes mentioned above can be seen at:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=C
h0101/titl0101.htm&StatuteYear=2000&Title=%2D%3E2000%2D%3EChapter%20101
Florida Statue 101.191 lays out the form of general election ballots. That
form has the voting boxes to the right of the candidates' names.
Another statute, 101.21, says of machine ballots that "The order in which
the voting machine ballot is arranged shall as nearly as practicable conform
to the requirements of the form of the paper ballot for that election."
The most repeated argument that the Palm Beach ballots are illegal is that these two statutes
together entail that machine ballots must have the voting boxes to the right
of candidates' names. The Palm Beach ballots did not. Hence, they are
illegal.
But, another statute, 101.5609, says of machine ballots that
(6) Voting squares may be placed in front of or in back of the names of
candidates and statements of questions and shall be of such size as is
compatible with the type of system used.
Given these statutes, someone arguing that the Palm Beach ballots are
illegal must make at least one of two claims:
(1) "in front of" and "in back of" mean "above" and "below", or something
else, but do not mean "to the left of" or "to the right of". Or, "in front
of" and "in back of" are so unclear as to be meaningless.
(2) The Florida statutes are in irreconcileable conflict.
Each of these claims is desperate. The first because of its silliness, and
the second because of the obvious presumption in favor of interpreting the
Florida ballot requirements as mutually consistent. "as nearly as
practicable" in 101.21 should be interpreted as consistent with the
permission in 101.569.
A different legal challenge might possibly be made on the grounds that the
ballot is simply too confusing, but unless there is also clear evidence of
fraud such a challenge does not stand any realistic chance of success.
The full text of the Florida statutes mentioned above can be seen at:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=C
h0101/titl0101.htm&StatuteYear=2000&Title=%2D%3E2000%2D%3EChapter%20101