Florida: Arguments begin over redistricting Florida’s congressional districts | MiamiHerald.com

With the election clock ticking, a Florida circuit court judge said Wednesday he will decide quickly on whether to throw out the Legislature’s congressional redistricting map, develop a new map in a matter of weeks or leave it alone. “I am very much aware of the logistical problem we have,’’ said Judge Terry Lewis of the Second Judicial Circuit, referring to the prospect of invalidating all or part of the congressional map and creating a new one in time for candidates to qualify to run in June. Lewis must not only consider the impact of revising the districts in the midst of election season, but must navigate complex and conflicting arguments over racial politics in Florida. Faced with an unprecedented assignment for a Florida circuit court judge, Lewis asked lawyers about the redistricting software he might use, the kinds of data that would be available and suggested that there is a downside to conducting an expedited trial that results in the court taking control of the Legislature’s work product. But after six hours of hearings in which lawyers for opponents asked him to reject the map and lawyers for legislators urged him approve it, he announced: “I’m going to treat it seriously. I’m going to do the best I can as quick as I can and I’m going to address everybody’s arguments.”

Florida: Senate Argues for Its New Redistricting Map | Sunshine State News

The second draft of the Legislature’s redistricting plan for the state Senate answered all of the objections of the Florida Supreme Court to the first proposal and should get justices’ approval, according to a Senate brief in the case. The brief, filed in response to complaints by the Florida Democratic Party, a coalition of voting-rights groups and the NAACP, came a week before oral arguments on the plan before the court. Also on Friday, the justices issued an order dividing two hours of arguments among the Senate and the groups opposing the plan. Lawyers for the upper chamber argued in the 100-page filing that the new plan, approved by the Legislature after justices rejected the first draft, “addressed each of the flaws this court found.”

Florida: Dominion says Elections Office should have known how to use the election software, avoiding errors in Wellington election | Sun-Sentinel.com

Palm Beach County elections officials could have averted a software glitch that erroneously awarded two Wellington Village Council seats to losing candidates if they had followed the instruction manual, the manufacturer has told state election officials. Supervisor of Elections Susan Bucher vehemently denied the claim. “I read the reference guide three times yesterday,” she said. “Nowhere does it tell you to check for this, ever.” Even as the question of who is to blame grew murkier, a clearer picture of the error itself emerged Monday, with the company, Dominion Voting Systems, sending out a national advisory warning election officials how to avoid a similar mistake. In the advisory, Dominion also suggests that the mistake could have been caught before the election had one key test been performed differently. The so-called “synchronization” error was caused when Bucher’s central vote-counting software was lined up to accept races in a different order than they appeared on the Wellington ballot. As a result, election-night totals on Wellington’s three races were shifted in a circle – with village council Seat 4 votes going to the mayor’s race, votes for mayor going to council Seat 1, and votes for Seat 1 going to Seat 4. On Monday, Bucher said the error occurred when her staff entered the titles on the ballot of each position, such as “Seat 1.”

Florida: Report: Florida one of the ‘five worst states for voting rights in 2011′ | Florida Independent

The Center for American Progress released a report today on voter suppression efforts carried out by Republican-led state legislatures around the country, listing Florida as one of “five worst states for voting rights in 2011.” As we at The Florida Independent have been reporting, Florida lawmakers passed a new voting law last year that has drawn fire from federal officials, legislators, advocacy groups and voting rights experts from all over the country. The many critics of the law have said the law is a concerted effort to keep minorities, young people, the elderly and the poor from the polls on Election Day. Florida’s contentious law places prohibitive rules and restrictions on third-party voter registration groups, creates a shortened “shelf life” for signatures collected for ballot initiatives, places new restrictions on voters changing their registered addresses on election day, and reduces the number of early voting days — among many other provisions.

Florida: E-voting system awards election to wrong candidates in Florida village | Computerworld

An optical scan vote tallying system, now used by some 300 U.S. municipalities, misreported the results of a Palm Beach County, Florida, municipal election last month. Dominion Voting Inc.’s Sequoia Voting Systems device mistakenly awarded two Wellington Village Council seats to candidates who were found in a post-election audit to have lost their races. The results were officially changed last weekend after a court-sanctioned public hand count of the votes. According to a story in the Palm Beach Sun Sentinel , the Sequoia vote counting software was set up in a way that didn’t correspond to the Wellington County ballot distributed to voters. As a result, votes meant for one candidate were credited to a different candidate.  In a product advisory notice issued last Friday, Dominion warned customers that problems could arise if the contest order on a paper ballot does not match the ballot order programmed into Sequoia machine. “The contest order on the ballots in the database can become out of sync with the contest order shown on the corresponding paper ballots,” the company noted. If the issue is not identified during pre-election tests, “election results will show the correct number of votes, but assigns them to the wrong candidate” the company said in the advisory.

Florida: Legislature seeks federal redistricting review even without a final map | Miami Herald

The Florida Legislature’s legal team has asked the U.S. Department of Justice to begin the process of reviewing its legislative maps for compliance with the federal Voting Rights Act, even before the Florida Supreme Court signs off on a final product. In a March 30 letter to the U.S. Department of Justice, lawyers for the House, Senate and attorney general asked the federal government to expedite its a pre-clearance of the maps so that candidates will know the district boundaries when they are required to qualify during the week the June 4. Under the Section 5 of the federal Voting Rights Act, Florida must submit its legislative and congressional maps for approval, or pre-clearance, because five counties – Collier, Hardee, Hendry, Hillsborough and Monroe – have a history of discrimination against racial or language minorities. Download Preclearance_Senate

Florida: Tangled Web: Wellington, Florida Drama Highlights Complexity of Technology, Value of Audits | Election Academy

An extraordinary story is emerging from an election from the March 13 municipal election in Wellington located in Florida’s Palm Beach County. Election Night returns indicated that two hotly-contested council elections had been resolved in favor of two candidates, but then a routine post-election audit suggested that their opponents had actually won due to errors in tabulating the county’s optical scan ballots. Following a court-ordered manual recount, the revised totals were confirmed. As if that weren’t extraordinary enough, a battle is now underway between the county clerk and her vendor about who was responsible for the error. The clerk is blaming the vendor, saying that the error – which appears to have been caused by a “synchronization” problem between vote-counting and tabulation machines – is something she and her staff have never seen before and thus could never have been expected to catch, let alone fix.

Florida: Dominon Voting Systems now rebuts Bucher’s account of Wellington ballot snafu | Palm Beach Post

The maker of Palm Beach County’s voting machines has told state officials its software did not cause the glitch that led to incorrect results being certified in two Wellington races, according to a letter from the company – a statement that starkly contrasts with Supervisor of Elections Susan Bucher’s explanation for what happened. A “shortcoming” in the county’s vote-counting software allowed the error to go undetected, and the software did nothing to stop it, Dominion Voting Systems acknowledged. But the manufacturer disavowed responsibility for the error itself, saying, “it is clear that the mismatch was not the result of a ‘bug.’ ” Bucher has said the opposite. After the error was revealed March 19, she said the company had taken the blame and released a sharply worded press release that started with: “Technology fails.”

Florida: It’s official: Wellington finally has its winners | Palm Beach Post

In the end, there was no confusion. No name calling, no questionable motives. Instead there was order. Perfect order, and hugs. A hand count predicted to last six hours Saturday lasted exactly six hours, the same hand count that the county’s top election official guaranteed would match a second tally of votes for Wellington’s messy March 13 council election. The winners: Bob Margolis for mayor, John Greene for seat 1 and Matt Willhite for seat 4. It was a relief for everyone involved, including voters. “Now there’s no dispute,” said Wellington resident Frank Ventriglio. Ventriglio and his wife came to witness the hand count at Palm Beach County’s elections service center in Riviera Beach, on his 57th birthday, no less. “We wanted to see the democratic process at its best,” Theresa Ventriglio said.

Florida: Wellington election: Judge approves request for hand recount for disputed election | OrlandoSentinel.com

Several dozen pairs of eyeballs will examine ballots from Wellington’s disputed election when a hand count begins at 8 a.m. Saturday in the county elections office, the finale — or so many hope — to a string of lawsuits and weeks of confusion over the voters’ choices for three village council seats. “Just get it done,” candidate Al Paglia said. “The sooner, the better.” On Wednesday, within a half-day of the village’s canvassing board deciding that a manual recount was the only way to swear in winners indisputably, seven Wellington residents filed a complaint in Palm Beach County Circuit Court asking for just that. Judge Robin Rosenberg on Thursday ordered a manual recount of the March 13 races, which yielded incorrect winners because of an apparent software error.

Florida: Super PACs, donors turn sights on judicial branch | The Washington Post

Just before sunset on a recent evening, scores of lawyers in dark suits and polished loafers streamed into the swanky 18th-floor ballroom of a downtown high-rise here. They sipped chardonnay and nursed Heinekens, munched on cheese cubes and made small talk. The invitation to the event had asked for a “suggested contribution” of $500 to each of three candidates, who were now mingling sheepishly among the crowd. They were no ordinary politicians. In fact, they weren’t politicians at all, but rather Florida Supreme Court justices. Each has been in office since the 1990s, each retained by voters overwhelmingly in previous elections, and each now reluctantly campaigning — for the first time. While deep-pocketed super PACs and ultra-wealthy donors have attracted plenty of attention in the presidential contest this year, they are also making waves further down the political food chain. The mere possibility that a rich benefactor or interest group with endless amounts of money could swoop in, write massive checks and remake an entire court for ideological reasons has prompted judges here in Florida and elsewhere to prepare for battles they never expected to fight.

Florida: Wellington voters file suit to speed recount of ballots | Palm Beach Post

A hand recount could come soon for Wellington residents weary over disputed election results that have left the village council in limbo. On Wednesday, one day after the village’s canvassing board said it wanted a hand recount, seven Wellington residents filed a complaint, as did council candidate John Greene, seeking a court-ordered recount of Wellington’s March 13 races. The county’s elections office and the canvassing board Tuesday agreed to file lawsuits for the recount, but did not say when those filings would happen. “We’re not going to wait on them,” said Greene, who filed a complaint late Wednesday in Palm Beach County Circuit Court. “If a hand recount is what is going to appease everybody, we want it to happen. We want to move on.”

Florida: Wellington canvassing board certifies revised election results subject to hand count | Palm Beach Post

The village council has no newly sworn members and looks exactly like it has for the past few years – despite a March 13 election for three of its five seats. The same council members will rule until and unless a hand recount makes clear who prevailed for mayor, seat 1 and seat 4. Wellington’s canvassing board voted unanimously tonight to certify election results from a March 19 revised tally of votes – subject to their confirmation by a hand count. That means the results still aren’t official and that until and unless there is a hand count – which could take only one day, but must be ordered by a judge – the pre-election council is seated. “What a mess,” Wellington Chamber of Commerce Vice President Victor Connor said as he left the meeting.

Florida: Restrictions on Voter Registration in Florida Have Groups Opting Out | NYTimes.com

Florida, which is expected to be a vital swing state once again in this year’s presidential election, is enrolling fewer new voters than it did four years ago as prominent civic organizations have suspended registration drives because of what they describe as onerous restrictions imposed last year by Republican state officials. The state’s new elections law — which requires groups that register voters to turn in completed forms within 48 hours or risk fines, among other things — has led the state’s League of Women Voters to halt its efforts this year. Rock the Vote, a national organization that encourages young people to vote, began an effort last week to register high school students around the nation — but not in Florida, over fears that teachers could face fines. And on college campuses, the once-ubiquitous folding tables piled high with voter registration forms are now a rarer sight.

Florida: Judge expected to hold hearing on Wellington election today | Palm Beach Post

A judge has the power to decide whether any candidates are sworn in to the village council tonight, as expected — and if those candidates can be only the original winners of Wellington’s disputed election. Palm Beach County Circuit Judge Robin Rosenberg is expected by this morning to decide whether to hold a hearing today to determine if Wellington’s canvassing board can certify only the village’s March 13 election results. According to a complaint filed Friday by former Wellington Mayor Kathy Foster and Wellington resident Gaye Scarpa, it would be “unlawful” for that board to accept any other results. That’s why they want the judge to stop the board from possibly swearing in candidates whom a March 19 revised tally of votes revealed to be the winners. Three other lawsuits, including one filed Monday, support the March 19 results.

Florida: Lawsuit filed to stop swearing-in of Wellington Florida elected officials | wptv.com

Two Wellington residents – one of them the village’s first mayor – have filed a lawsuit to try to stop Tuesday’s swearing-in of candidates whom a March 19 recount determined were elected to the village council. A hearing will take place at 8:45 a.m. Monday in Palm Beach Circuit Court in front of Judge Robin Rosenberg. The lawsuit, filed by former mayor Kathy Foster and Gaye A. Scarpa, also seeks to stop the village canvassing board from certifying any election results other than those certified by county Supervisor of Elections Susan Bucher on March 16.

Florida: Dominion Voting Systems: software ‘shortcoming’ led to Wellington election fiasco | Post on Politics

The supplier of Palm Beach County’s voting and tabulating equipment says a software “shortcoming” led to votes being assigned to the wrong candidates and the elections office declaring the wrong winners in two recent Wellington council races. Ballots from the March 13 Wellington election were counted properly. But the results were matched to the wrong races. Council candidates Shauna Hostetler and Al Paglia were declared winners on election night, but an audit six days later showed John Greene and Matt Willhite had in fact gotten more votes.

Florida: Dominion Voting Systems releases statement taking the blame for Palm Beach County vote problem | South Florida Sun-Sentinel.com

The supplier of Palm Beach County’s voting and tabulating equipment says a software “shortcoming” led to votes being assigned to the wrong candidates and the elections office declaring the wrong winners in two recent Wellington council races. County Elections Supervisor Susan Bucher, who insisted a computer glitch rather than human error was to blame for the fiasco, claimed vindication after Dominion Voting Systems released its statement. Wellington and 15 other municipalities held elections on March 13. In Wellington, the ballot was set up with the mayor’s race first, the Seat 1 council race second and the Seat 4 council race third. Unbeknownst to elections officials, the vote totals for the mayor’s race ended up being reported and later certified as the results of the Seat 1 race. The Seat 1 vote totals were certified as the Seat 4 results and the Seat 4 vote totals were certified as the mayoral results. The problem wasn’t discovered until six days after the election, during a routine audit. The audit found no similar problems in the 15 other cities that held elections. The fact that the audit is conducted after winners are certified is a requirement of state law. Bucher said her office “will be working with the state to ask for the necessary law changes.”

Florida: Wellington election results tossed out, but legal ground uncertain | Palm Beach Post

In Palm Beach County’s latest voting embarrassment, Wellington decided Tuesday to toss out its tainted March 13 election results while Secretary of State Ken Detzner pledged to find answers and County Supervisor of Elections Susan Bucher continued to blame a computer software glitch for the tabulating turmoil. After a Monday recount showed the elections office had declared the wrong winners in two of three races, Wellington’s canvassing board voted to scrap the results and scheduled a decision for Tuesday on whether to instead accept the revised vote tallies. That would allow John Greene in Council Seat 1 and Matt Willhite in Seat 4 to be sworn in after it appeared they lost their races last week. But the decision to consider the recount numbers did little to clear confusion surrounding the race and how to resolve it.

Florida: Lawsuits brewing as all four candidates in Wellington recount stand their ground | Palm Beach Post

The Wellington council candidates wrongly named winners during last week’s election aren’t convinced Monday’s vote retabulation was accurate, nor will they give up their seats to the apparent winners. But the winners, whom Palm Beach County Elections Supervisor Susan Bucher said were denied victory because of a software glitch, have no doubt Monday’s count was correct, and one has taken legal action. “It’s my responsibility to make sure the village of Wellington voters are heard. I’m filing it on their behalf,” said Vice Mayor Matt Willhite, who filed a complaint Tuesday in Palm Beach County Circuit Court against Wellington’s canvassing board and whose campaign declared him a “decisive” winner. The county elections office mistakenly named candidates Al Paglia and Shauna Hostetler winners in two council races and certified the March 13 results to the state on Friday. But a routine audit on Monday revealed that Willhite had easily defeated Paglia, while John Greene had edged past Hostetler. On Tuesday, the Wellington canvassing board that oversees election results tossed out the March 13 numbers and scheduled a meeting March 27 to decide whether to certify Monday’s retabulated numbers instead. But confusion and emotion were running high on Tuesday.

Florida: Palm Beach Elections Chief Bucher: ‘This is not a human error’ | Post on Politics

Palm Beach County’s elections office appears to have figured out the correct results for three Wellington elections after declaring two wrong winners last week and certifying the results to the state. But in the home of the 2000 “butterfly ballot,” does the fact that erroneous results went undetected for nearly six days in an election with fewer than 6,000 voters carry implications for the November presidential election? Elections Supervisor Susan Bucher characterized the problem as an isolated and unprecedented software glitch that was detected and corrected using routine audit procedures. She said no one in her office is to blame — and she took exception to questions about whether voters might question her office’s ability to deliver accurate results in the future. “This is not a human error. This is a computer-generated error, one that is on a computer system that is tested and certified by the state of Florida,” Bucher told reporters.

Florida: State Supreme Court throws out Senate redistricting plan | OrlandoSentinel.com

On the last day of a once-a-decade redistricting legislative session, the Florida Supreme Court officially ordered overtime Friday by ruling that the re-drawn state Senate map failed to follow new anti-gerrymandering standards. The 5-2 ruling said that 8 of the Senate’s 40 re-drawn districts violated the new Fair Districts standards, a move that will force lawmakers to return to work — possibly within days — to take another crack at the maps. The court also gave unanimous approval to maps for 120 House districts. The defective Senate districts stretch from the Panhandle to Fort Myers, and Jacksonville to Orlando to Dania Beach — and failed to measure up in the high court’s review for different reasons, including being drawn to protect incumbents, and failing compactness or geographic standards.

Florida: Are shark attacks more common than voter fraud in Florida? | PolitiFact Florida

On March 1, 2012, Comedy Central’s Stephen Colbert moved in on Florida’s controversial new election law for a recurring segment, “People Who Are Destroying America.” The target: a Panhandle teacher named Dawn Quarles, who turned in 76 voter registration forms from her students beyond the state’s new 48-hour deadline. She could face a $1,000 fine. One of the people Colbert interviewed for his sarcastic report is Howard Simon, executive director of the American Civil Liberties Union of Florida. Florida officials claimed they needed to pass the law to prevent voter fraud, but these cases are actually pretty rare, he said. “There are probably a larger number of shark attacks in Florida than there are cases of voter fraud,” he said. We couldn’t resist diving in: Are there more shark attacks than cases of voter fraud in Florida?

Florida: DOJ Opposes Florida Laws On Voter Registration Groups, Early Voting | TPM

The Justice Department objected late Friday to new provisions of Florida election law which place strict regulations on third-party voter registration groups and cut down on the early voting period. DOJ alleged in a court filing that Florida was unable to prove the new provisions were not discriminatory under Section 5 of the Voting Rights Act. “As to the third-party voter registration and early voting changes enacted… respectively, the United States’ position is that the State has not met its burden, on behalf of its covered counties, that the two sets of proposed voting changes are entitled to preclearance under Section 5 of the Voting Rights Act,” according to a court filing.

Florida: Voter restrictions challenged | Politico.com

Florida will become the latest battleground in the national fight voter ID on Thursday, when a federal judge will hear a suit brought by Rock the Vote and other civic groups over new restrictions. “In states around the country, we’re witnessing the most significant assault on voting rights in a generation,” said Heather Smith, President of Rock the Vote, which encourages political participation. “It’s incredibly anti-American and undemocratic,” she said on a conference call with reporters Wednesday.

Florida: Congressional Redistricting Map Moves Toward Court | At the Races

The Republican-controlled Florida Senate passed a redistricting map today, sending Congressional lines that cement a strong Republican majority in the delegation to Gov. Rick Scott’s desk. Democrats immediately announced they had filed a lawsuit alleging that the map violates a 2010 popularly enacted state constitutional amendment that prohibits crafting Congressional lines with “the intent to favor or disfavor a political party or an incumbent.” Democrats blasted the state GOP, which also controls the state House.

Florida: Appeals court upholds Florida redistricting amendment | MiamiHerald.com

A federal appeals court on Tuesday rejected a challenge to Florida’s Amendment 6, added to the state constitution by voters to curb so-called gerrymandering of congressional districts that historically protected incumbents or gave advantage to the political party in power. The three-judge panel of the 11th U.S. Circuit Court of Appeals rebuffed claims by U.S. Reps. Mario Diaz-Balart, a Miami Republican, and Corrine Brown, a Jacksonville Democrat, that the power to change congressional redistricting rules resides solely with the Legislature and not the voters through a referendum.

Florida: Confusion feared since ballots bear names of presidential contenders no longer in race | Palm Beach Post

Only four candidates are facing-off in Tuesday’s Republican presidential primary, but there are nine names to choose from on the ballot. Although five candidates have dropped out of the race, including Minnesota Congressman Michele Bachmann and Texas Gov. Rick Perry, their names are still on the ballot. Palm Beach County elections chief Susan Bucher said Friday she is worried the ballots may confuse voters. She wants to make sure residents don’t “waste” their vote by choosing a candidate who dropped out. “It is a statewide issue,” said Bucher, who has discussed her concerns with the Secretary of State’s office. “I am just concerned that people will waste their vote, in what appears to be a very close election.”

Florida: In Tampa, U.S. Senate Hearing to Target Florida’s Voter Rules | South Florida Times

A new state law that limits Florida’s early voting period and makes it more difficult for third-party organizations such as the NAACP and the League of Women Voters to register voters will be examined Friday at a special U.S. Senate Judiciary Subcommittee hearing in Tampa. Concerned state and federal lawmakers and civic leaders say they want the session to be a mandate for reversal of some of the restrictive measures passed last year by the Republican-controlled Legislature. Among the bill’s controversial provisions are tougher voter-ID requirements that critics say discourage, if not disenfranchise, minorities, the elderly, the disabled and the homeless and new and young voters.

Florida: U.S. Supreme Court weakens Florida Democrats’ hand in redistricting disputes | Palm Beach Post

A House panel Friday worked to narrow the number of plans for Florida legislative and congressional boundaries, even as a U.S. Supreme Court ruling strengthened the Legislature’s hand in drawing new district boundaries. The House Redistricting Committee centered on one map each for House, Senate and congressional lines, heading toward a scheduled vote next week. The House is playing catch-up to the Senate, which earlier this week approved its own set of maps. “We’re moving as quickly as we can, but not to the detriment of the public or the membership” (of the Legislature), said Redistricting Chairman Will Weatherford, R-Wesley Chapel.