Appellate Law & Practice

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Thursday, October 14, 2004

Florida court hears arguments on provisional ballots
The Supreme Court of Florida heard oral arguments yesterday in AFL-CIO v. Glenda Hood (no. 04-1921). The AFL-CIO is challenging a Florida law that says provisional ballots must be cast in a voter's home precinct. After the 2000 election, Florida passed a law permitting voters whose names are not on the precinct rolls to cast “provisional ballots.” However, Canvassing Boards cannot count, provisional ballots unless the voters’ residency within the precinct at which they appear to vote can be established. The AFL-CIO contends that the law would “disenfranchise voters who are given incorrect information or, through circumstances beyond their control, such as a hurricane, go to the polls and the polling place has moved.” The Secretary of State argues that allowing voters to cast provisional ballots in any precinct would lead to chaos. The Supreme Court is expected to rule before the November 2 election.

Briefs, transcripts of oral argument, and video are available on the court's website. The St. Petersburg Times has a report here, and Abstract Appeal has more history on the case here.

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