Florida Judge: Some Provisional Ballots Can Be Tossed

Friday, Oct. 22, 2004

TALLAHASSEE, Fla. -- The state must reject provisional ballots if they are cast in the wrong precinct, a federal judge said Thursday in the latest in a series of opinions on how such votes should be counted.

U.S. District Judge Robert L. Hinkle ruled voters who show up at a polling place and aren't on the rolls should be allowed to submit a provisional ballot - in case it's later determined they were in the properly assigned precinct.

But he said federal law doesn't require the state to count the ballot if it's determined the voter submitted the ballot somewhere other than the assigned precinct.

A provisional ballot is held until officials determine if the person was entitled to vote. If they should have been allowed to vote, the ballot counts; if not, it's thrown out.

The ruling comes in a case brought by Democrats, who wanted the judge to block Secretary of State Glenda Hood from ordering that provisional ballots be tallied only if they were cast in the correct precinct.

Hood spokeswoman Alia Faraj said the ruling was ``a victory for all Floridians who want an orderly election'' Nov. 2.

"Florida law simply requires that those who use provisional ballots be treated equally with all other voters who have to cast their ballots in their assigned precinct,'' Faraj said.

Mark Herron, a lawyer for the Democrats, said Hinkle's ruling doesn't make sense. ``You'd think people who are entitled to vote are entitled to have their ballots counted,'' he said.

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