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View Diary: [Updated] Ohio to outlaw recounts and shield Diebold (196 comments)

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  •  Reference to a nullity? (none)
    Contests of the nomination or election of any person to any federal office shall be conducted in accordance with the applicable provisions of federal law.

    I don't believe that there actually is a federal recount provision.  If that's correct, then eliminating contests under state law, and requiring them instead to be conducted in accordance with federal law, would indeed make recounts impossible.

    •  I Watched All The Reporting..... (none)
      After the 2004 debacle....and it was stated that only the States have recount provisons and that there was no federal law requiring recounts. That was another reason why the Supreme court over-stepped their rights in declaring the Florida election of 2000 a done deal. The Florida Supreme Court had already ruled to the contrary , that a recount as requested was in order. But Bush's team bypassed the right's of Floridians a fair election by getting the Supreme Court to shut it down.

      I miss the good ole day's of Bill Clinton...

      by JellyPuddin on Sun Dec 11, 2005 at 06:50:52 AM PST

      [ Parent ]

      •  There's a lawsuit underway right now (none)
        based on this very principle.  

        From the Thursday Dec 8 Miami Herald:


        Court reviewing dispute over state's system of voting

         Three judges heard arguments on whether the state's current system of voting and recounting ballots violates the Constitution.

          BY JAY WEAVER

        An unsettled legal fight smoldering since Florida's hotly disputed 2000 presidential election rekindled Wednesday in a Miami federal appellate court.

        Three members of the 11th U.S. Circuit Court of Appeals heard arguments on whether the state's current system of voting violates the Constitution because some Floridians vote on electronic touch-screen machines and others on optical scan ballots.

        ''They are not treating voters the same,'' Washington, D.C., attorney Robert Peck argued, citing ''election glitches'' in Florida with touch-screen machines that cannot produce voter printouts for manual recounts in the same way as optical-scan ballots.

        Rep. Robert Wexler, D-Florida, has led the lawsuit that calls on Florida to institute a paper trail in 15 counties, including Miami-Dade and Broward counties, that use touch-screen voting machines.

        He filed the suit on March 8, 2004, under the U.S. Supreme Court precedent set by Bush v. Gore in the 2000 presidential election, which requires uniform standards throughout a state when conducting a manual recount.

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