Election 2004

Groups argue need to recount votes made on machines

Touch screens don't let voters select multiple candidates in a race, so a manual recount wouldn't be necessary, the state counters.

By ALISA ULFERTS
Published July 28, 2004

TALLAHASSEE - State elections officials don't have the authority to ban manual recounts when touch screen voting machines are used, voters' rights groups told a judge Tuesday.

Without a manual recount in close elections, 15 Florida counties with touch screen machines can't be sure the votes were counted, attorneys argued for the American Civil Liberties Union of Florida, Common Cause of Florida and other groups.

The groups are challenging a rule state officials wrote this year prohibiting manual recounts with touch screen machines. Because the machines do not use paper ballots, nothing can be manually recounted, officials concluded.

But the ACLU and other groups say the rule violates a state law requiring manual recounts when the margin of victory is less than one-fourth of 1 percent. The law also allows a candidate to request a manual recount when the margin is less than one-half of 1 percent.

About half the state's registered voters will use touch screen machines, including those in Pinellas, Hillsborough and Pasco counties.

The state argued Tuesday that manual recounts are needed only to determine intent when a voter selects multiple candidates for a single race or the ballot was rejected by tabulating equipment. Touch screen machines don't allow voters to select more than one candidate in a race, and they prompt voters to double check when no vote is cast, said George Waas, special counsel for Attorney General Charlie Crist.

So voter intent is not in question, and there is nothing to count, Waas argued.

The voter groups say the state ignores the fact that machines can malfunction and are susceptible to tampering. During a special election in South Florida this year, some ballots were cast with no votes, even though only one office was on the ballot.

Such so-called undervotes prompted U.S. Sen. Bill Nelson last week to call for an audit of touch screen machines. Elections officials, however, say undervotes are not unique to touch screen machines, though studies show they are more common.

"Discerning the intent of the voter is not the only reason to conduct a recount," said Howard Simon, director of ACLU of Florida. "Another reason is to ensure the accountability and reliability of the machine."

But the state says the machines present a dilemma state law did not anticipate: no paper trail. The voter coalition says the state should find a way to manually recount the electronic ballots, even if it means trying to duplicate the totals each machine reports.

Waas also asked Judge Susan B. Kirkland to dismiss the case because the rule hasn't wronged the plaintiffs.

[Last modified July 28, 2004, 01:00:38]