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Wednesday, October 27, 2004

Election watch ~ FL judge denies voters' challenge to denied registrations
Chris Buell at 9:11 AM ET

[JURIST] As reported Tuesday on JURIST's Paper Chase, a district judge has dismissed a challenge by three Florida residents who were denied registration to vote due to incomplete applications. District Judge James Lawrence King of the US District Court for the South District of Florida ruled that county election supervisors had acted legally in denying the voters' applications that were incomplete at the Oct. 4 registration deadline. King said voters who failed to complete the form, usually by failing to check boxes pertaining to citizenship or mental capacity, had caused their own injury. The ruling is expected to affect more than 10,000 voters who had their applications denied for being incomplete. Read the court's ruling in Diaz v. Hood here [PDF]. The Miami Herald has more.... A district judge in Missouri has ruled that a mentally ill man cannot vote in the Nov. 2 election, although he will hear a challenge to a state law denying voting rights to some mentally ill people. District Judge Ortrie Smith of the US District Court for the Western District of Missouri ruled Tuesday that any potentially invalid ballot should be avoided to preserve the integrity of the election. Steven Prye, who recently moved to Missouri from Illinois, said he was not able to register because he had a court-appointed guardian in Illinois. The Bazelon Center for Mental Health Law and the ACLU are helping to represent Pyre, a former law professor. AP has more.... A New Hampshire judge has ruled that a voters' guide to a proposed constitutional amendment on the ballot should be recalled. The challenge was brought by the New Hampshire Civil Liberties Union, which argued that the guide was slanted in favor of the amendment and had not been approved in the requisite public meetings. The proposed amendment would allow laws passed by the state legislature to trump court rules if the laws are constitutional. The NHCLU has a press release. The NH Secretary of State has issued this order [PDF]. AP has more.... The Christian Science Monitor reports that the Help America Vote Act, passed following the disputed 2000 election, has triggered a flood of litigation on the use of provision ballots in this election, which will likely carry over after the election.






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