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Julie Pace, head of the Washington office at AP, explains why the exceptional races in Florida and Georgia became so important that even President Donald Trump took the risk of tweeting on one of them. (November 12)
AP
US Chief Justice Mark Walker issued a preliminary injunction this morning in a lawsuit filed by US Senator Bill Nelson for throwing ballots due to mismatched signatures . .
"The specific question in this case is whether the Florida law authorizing county election officers to reject postal votes and provisional ballots for mismatched signatures – without standards, an illusory process to cure, and process to challenge the rejection – is constitutional bring together, "said Walker. "The answer is simple, this is not the case."
This decision is a victory for Nelson who is trying to reduce the margin of almost 13,000 votes between him and Gov. Rick Scott in a razor race in the Senate, which is currently the subject of numerous lawsuits and is currently doing the same. subject of an automatic recount. to a recount by hand.
After the filing of Walker's order, the National Republican Senators Committee filed a notice of appeal with the 11th Circuit.
It is unclear how many rejected ballots are at stake, but at least 3,688, said election officials.
In a 34-page decision based on football metaphors, Walker said Secretary of State Ken Detzner should instruct election supervisors that the state's ploy to eliminate disparate signatures was unconstitutional.
"Think football, football fans can question the content of the rules, but no one disputes that rules are needed to play," said Walker in the first lines of his order.
The latest news about Florida tells:
But Nelson and the Democratic Party have launched "a red flag," Walker said.
"But it's not football, it's the precious and fundamental right to vote – the conservative right to all the other rights." And it's the right of a elector to count his vote. "
According to his decision, supervisors must also require that all voters who have been informed late that they have unpaired signatures correct the problem before 5 pm. Saturday – the same day that the results of a manual recount are due.
The election results are to be certified Tuesday by the Florida Cabinet, serving as the Election Prospecting Commission.
Detzner has until 5 pm today to inform the court if he intends to comply with the order. But his appeal can make this deadline theoretical.
Walker said he acknowledged that time is running out as supervisors have received thousands of postal votes and a recount is underway. He also wanted to make sure that the accused had the opportunity to request the suspension of the order.
The expedited decision came after more than five hours of testimony and arguments to determine whether the system put in place by the state to determine whether the signatures on the postal ballots were constitutional or whether the voters were deprived of their fundamental rights.
He was particularly disturbed by the fact that election officials in the states did not know how many ballots were at stake.
Maria Matthews, director of the state secretary's election division, spoke Wednesday before Judge Mark Walker in federal court. (Photo: Nathan Archer / Tallahassee Democrat)
On Wednesday afternoon, Electoral Division Director Maria Matthews identified 3,688 postal ballots and 93 provisional ballots in 45 counties that were not counted due to the lack of matching signatures. She estimated that the total could be about 5,000 based on the 2016 results.
"It seems to me that the people of Florida should know if it is 3,000 or 5,000 people instead of drawing a magic number," he told the bench Wednesday.
Voters whose ballots are delivered before 5 pm the day before polling day, the tellers can be "cured" if the election supervisor rejects them because the signature on the envelope does not correspond to the signature of the file with the election supervisor.
Such a remedy is not available for ballot papers bearing the postmark of 6 November but submitted after 19 hours. Election Day Deadline.
Uzoma Nkwonta, Nelson's representative, argued that the system was fundamentally flawed because there was no recourse for these people. The law did not provide for any process allowing an elector to challenge a refusal to sign, let alone be informed of the rejection of his vote, he explained.
"It's a card game against voters," Nkwonta said.
Nelson's team filed an affidavit from former Congressman Patrick Murphy, from Palm Beach County, claiming his ballot had been rejected, with the supervisor saying his signature did not match.
Related: I am a former Florida congressman and my vote was rejected because of a "signature asymmetry"
Detzner's lawyer, Mohammed Jazil, claimed that there were administrative procedures and deadlines to be met, with state interests overriding the rights of the voter .
Walker questioned both legal teams on what they recommend doing.
Mark Earley, Electoral Supervisor for Leon County, was called to testify. Although the assignment estimated that there would be no more than 30 minutes left, Earley spent an hour at the booth explaining how subjective the signature comparison process is and how little training is available for signature analysis .
It's a story of rupture. Check back for updates.
Contact Schweers at [email protected]. Follow him on Twitter @jeffschweers.
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