November 13, 2000

FLORIDA VOTERS FILE SUIT TO DEFEND THE INTEGRITY OF THE BALLOT

Three voters residing in Brevard County filed suit today in the United States District Court for the Middle District of Florida, against members of the County Canvassing Boards of Volusia, Palm Beach, Broward and Miami-Dade Counties, Secretary of State Katherine Harris, and other Members of the Elections Canvassing Commission, alleging that Florida=s manual recount procedure, as authorized by Florida Statute ' 102.116(4):

allows the manual recount to be conducted only in selected precincts and counties at the instance of only one candidate, Vice President Albert Gore, Jr., or the county canvassing board,

allows using different standards for counting votes by automation and by manual counts,

employs vague, subjective, arbitrary and capricious standards to count votes when a voter has not completed the casting of his or her vote by punching out the chad on the ballot, and

precludes opposing candidates from protecting the integrity of the vote from this manipulation.

Florida election law, Fla. Stat. ' 102.116(4), unconstitutionally establishes an election recount procedure that debases the vote of Plaintiff voters, and others similarly situated, who cast their ballots for Governor George W. Bush. This statute therefore violates Plaintiff voters= right to equal protection of the laws.

ANotions of fundamental fairness, one person one vote, and equal protection command that this statute be declared unconstitutional,@ says James Bopp, Jr., lead counsel for Plaintiffs. Furthermore, the suit requests that the county defendants be enjoined from conducting the manual recounts requested by Vice President Gore, or in the alternative, that the defendants be enjoined from certifying the results of the election for President which contain the results of any manual recounts.

This case is being brought by the James Madison Center for Free Speech, a public interest organization that defends the rights of citizens to participate in our democracy. James Bopp, Jr. is the General Counsel of the James Madison Center and a member of Bopp, Coleson & Bostrom, 1 South Sixth Street, Terre Haute, Indiana 47807; (812) 232-2434 (phone); (812) 235-3685 (fax).

A press conference will be held today at 5:30 p.m. at the Orlando Downtown Holiday Inn, 304 West Colonial Drive; (407) 996-0100.