Lauderdale judge tosses Rep. Wexler suit on electronic voting machines

[Freddie Stubbs]

Associated Press
Posted May 24 2004, 2:39 PM EDT

FORT LAUDERDALE -- A judge threw out Monday a Democratic congessman's lawsuit that sought to require that electronic voting machines produce a paper trail.

It's the second time U.S. Rep. Robert Wexler has been denied in his challenge of the legality of paperless touchscreen voting machines. A similar case filed in state courts was dismissed in February, although that ruling is being appeal.

In dismissing the federal complaint, U.S. District Judge James Cohn said he can't get involved because the issue is being considered by state courts.

Also, Cohn ruled that the lawsuit would require the federal courts to become deeply involved with election procedures, which typically are left to the states.

more: http://www.sun-sentinel.com/news/local/southflorida/sfl-524wexler,0,5123721.story?coll=sfla-home-headlines

[dubyaD40web]

1. Whatta joke

The judge must be scared of Jeb.

[MidwestTransplant]

2. My favorite quite from the article

"Cohn ruled that the lawsuit would require the federal courts to become deeply involved with election procedures, which typically are left to the states."

[SoCalDem]

3. See why judicial appointments are important??? n/t

:(

[Just Me]

4. Since the case involves federal mandates,...

,...and constitutional questions,...I hope he appeals it because this is just bullshit. A state court already dismissed his first lawsuit stating he could show no injury (and how will anyone be able to show any injury if there is no paper trail, no evidence, of injury).

If voters' rights are not GUARANTEED by SOMEONE,...we are screwed!!!

[lil-petunia]

5. Like it or not, its the right decision

There is plenty of caselaw supporting this decision. It is up to the state to supervise its voting system. Only if there are 1985 issues, does the fed govt. step in.

[MasonJar]

6. Oh, is that why the Supreme 5 gave the 2000 election to Stump.

[lil-petunia]

7. It's the Hunting, silly

The lower courts don't have to worry about political pressure, not with life time jobs.
Why did the Supremes vote the way they did? I dunno. Can't make sense of it. Scalia, that man is the poster chile for neo Cons. Add his arrogance, and you see why he fails so often to gain a majority for his writings.

Methinks that many of the justices that first supported the FLAWrida decision are looking at what they hath wrought and are shaking their collective heads.