Nelson is suing to count ALL validly postmarked ballots! His lawyer needs helpers! He’s suing to enforce that votes are counted by POSTMARK, not delivery deadline (Insanely, this is Nov 6, 7PM) Just got time to UPDATE from last diary — Deja Nausea over Florida's Botched Vote Count — NAACP may sue too — says mail may have been delayed at facilities other than the Opa-locka mail center, where it has been alleged that thousands of ballots may have been left or mismanaged (lots of tweets on this still popping)
Opa-locka is the same mail center where the MAGA-bomber’s packages went, which may have disrupted processing. A USPS investigation still hasnt definitively answered key questions about ballots that may have been delayed at that facility for whatever reason, including what may still be there. Or at other facilities.
Our outrage at delayed ballots resulting in disenfranchised voters is shared by Bill Nelson.
Democrats sue Florida secretary of state, seek to count tardy mail-in ballots
Under Florida law, mail-in ballots are only counted if received by the supervisor of elections by the 7 p.m. deadline on Election Day.
"Conditioning the validity of ballots solely on a 'received by' date, rather than coupling the 'received by' date and a postmark date -- which is the case for overseas voters -- all but ensures that qualified voters submitting VBM ballots can be denied the right to vote based entirely on arbitrary factors beyond their control, like mail delivery speed," the lawsuit said.
It cites the Oct. 25 incident at the U.S. Postal Service's mail distribution center in Opa-locka as an example. That was when several pipe-bomb packages addressed to prominent Democrats were discovered to have been processed through the facility, leading to a bomb scare.
According to the lawsuit, nearly 3.5 million Florida voters requested to vote by mail, but as of Thursday — two days after the general election — "a staggering 874,818 of those VBM ballots has not yet been counted as returned."
Miami-Dade County announced today it has finished counting votes for the 2018 election.
Photos Show Scores of Uncounted Ballots in Opa-locka Mail Center
Update: The Miami Herald reports that 266 ballots from the Opa-locka mail facility arrived at the Miami-Dade County Elections Department on Saturday morning. It's unclear when the ballots were initially postmarked. Per state law, the ballots will not count toward the election unless they are from military members or people living overseas. On Monday, a lawyer for U.S. Sen. Bill Nelson's re-election campaign sued Florida Secretary of State Ken Detzner, alleging the state is disenfranchising voters by not accepting mail-in ballots received after Election Day.
Marc Elias, an attorney representing Nelson and the Democratic National Committee, filed the lawsuit Monday morning in federal court.
"No Floridian should have their rightful vote denied because of mail/post office delays," Elias said on Twitter. "We are suing to protect these ballots."
Nelson’s lawyer has put out a call for HELP: Lawyers!
Nelson for Senate Volunteer Site
Nelson for Senate
Florida United States Senate Recount Effort
Posted on: November 10, 2018
URGENT: This project is in need of urgent legal help
- Training Provided: Yes
- Training Required: No
- Volunteer Needed On-site: Yes
The Nelson for Senate team is looking for recount observers. Please help ensure that every vote counts in the United States Senate race in Florida!
Next steps: After clicking the volunteer button, be on the lookout for an email from We The Action to share your availability. Shifts are currently open from 11/10 - 11/17.
Nelson for Senate
Please help ensure every vote in the United States Senate race counts!
Yesterday it was reported that 266 of those imprisoned Opa-locka postal center ballots arrived at the Miami-Dade Elections Department, much as a coffin arrives at a cemetery — to be buried. Nothing about postmark. The only reason given for ignoring them is because the postal delivery didn’t meet the (ridiculously tight and unnecessary) deadline of 7PM on Election Day, so too bad, Voter! That is all we know of the Opa-locka situation. Good enough then? Not nearly!
Is an American election just a warped game where whatever cooked up, slapped together, nonsensical rules qualify as ironclad because, well, “rules are rules”? Are they then written in stone, to be honored, no matter how unfairly they eliminate the players? In all seriousness, is this how we are to run a country, a country with purportedly democratic elections? Seriously?
Truly democratic elections do not unfairly eliminate “players,” because these aren’t players — they are voters. We are voters. And voting is not a sport, it is a precious right. But even though that’s what we’re told, and that’s what many of us believe, looks like voters are still getting played!
Some comments on my original diary suggested that other ballots outside of the now delivered 266 from Opa-locka (which they say will not be counted) may still be at the post office because they didnt make the postmark due date. But even if this is true, if they are postmarked too late, why are they being HELD at a postal center? When I mail a bill late, the post office doesn’t hold it! Beyond that, the rule that they can be denied because they didnt arrive by Nov 6, 7PM, must be challenged and overturned. For THIS election!
We are 18 years past 2000. Do we just let ourselves get screwed again?
More Votes Found, NAACP Calls for Opa-Locka Ballots to be Counted
How many ballots are at stake? A report by CNN quotes Suzy Trutie, spokesperson for the county supervisor of elections, as saying the shipment in question contained 266 ballots that would not be counted. Florida law requires that all mailed ballots arrive at election offices by 7 p.m. on election day.
Though not enough to turn the tide, the relative handful of uncounted votes – and the NAACP’s ability to legally challenge their exclusion – could be a touchstone for other parts of Florida where mail delivery was held up for various reasons.
Per CNN at 1:30 p.m. Sunday, “By law, all ballots for federal races must be kept by an elections board for up to 22 months after the election, which means the ballots will not be destroyed and could theoretically be brought into a potential court case.”
I’ll close by channeling Stacey Abrams (praise her!) — an inspirational touchstone, model and motivator to count every damned vote, no matter the absurd rules and technicalities that keep denying Americans the right to vote and representation by the winners of our votes!
Again, there is call for lawyer volunteers, today (posted Just over 3 HRS AGO, needed thru Nov 17th), by Nelson’s lawyer, Marc Elias! Let’s do this!