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"Making or using an amended form is a criminal offense under Florida law," said Bradley McVay, Acting General Counsel for the Secretary of State, in a letter to US lawyers in Florida.
Mark Herron, Florida's Democratic Party lawyer, said the investigation was underway. "After receiving notification of allegations that the form was incorrect, F.D.P. took immediate steps, including hiring an independent investigator to investigate the issues, "he said in an e-mail. "As soon as we know the results of the investigation, we will inform you."
The election was marked by a wave of more than a dozen lawsuits filed in federal and state courts, each challenging an element of the election, ranging from the validity ballot papers with signatures not matched to accepted votes by e-mail.
Judge Mark E. Walker of the Tallahassee Federal District Court, who has promised to work late at night and over the weekend to decide on a series of lawsuits, dismissed Thursday a challenge to the rules surrounding The voter's intention in Florida narrows Mr. Nelson's window to victory.
The Democrats' complaint to the federal government was directed to two standards that help determine the intent of voters in cases where they use different types of marks to signal their choices or write words to help clarify their intent. They provide specific instructions and, according to the challengers, these instructions often preclude the counting of ballots, which they believe should be counted.
"These rules have been used for almost 10 years. These are clear and consistent rules that election officers have been trained to apply, "wrote Justice Walker. "Preventing the use of these rules now would create considerable prejudice for the accused."
In another setback for the Democrats, Justice Walker ruled on Friday against the party's proposal to force the state to count postal ballots late due to mail problems.
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