November 22, 2000

Update: U.S. Court of Appeals Accelerates Schedule in Voters' Lawsuit That Could Block Manual Recounts; Oral Arguments May Be Scheduled for Wednesday, Nov. 29

WED., NOV. 22 -- This afternoon, the U.S. Court of Appeals for the 11th Circuit further accelerated a pending appeal by the Madison Center for Free Speech on behalf of three Florida residents who voted for George W. Bush.

The Madison Center lawsuit (Touchston v. McDermott) is separate from the Bush campaign lawsuit (Siegel v. LePore), which is also before the 11th Circuit. Under the new schedule, all briefs in both cases must be submitted by 10 p.m. Tuesday, November 28. Also, by 3 p.m. on Monday, November 27, the court will announce whether oral arguments will be held in either or both cases. If oral arguments are scheduled, they will be held in Atlanta on Wednesday, November 29, at 1:30 p.m. for the Bush case and at 2:30 p.m. for the Madison Center case.

The appeals are being considered en banc - that is, by the entire 12-judge court, rather than the usual three-judge panel.

"The federal appeals court is moving quickly on our case," said James Bopp, Jr., general counsel of the Madison Center. "If the federal court agrees that the Florida law violates the constitutional rights of Florida voters, then yesterday's ruling by the Florida Supreme Court in favor of selective manual recounts will have no effect." Mr. Bopp and the James Madison Center are representing three Brevard County Bush voters. They argue that Florida law violates their federal constitutional rights to equal protection and due process of law by allowing selective manual recounts using vague, subjective, arbitrary and capricious standards. In a state court hearing today, Judge Charles Burton of the Palm Beach County Canvassing Board testified, "I mean, in all candor, determining intent from a ballot card is impossible."

The James Madison Center for Free Speech is a public interest organization that defends the rights of citizens to participate in our democracy. Mr. Bopp has participated in more than 60 election-related cases, including recounts, redistricting, and constitutional challenges to state and federal election laws. He has won numerous legal challenges to election laws that violate federal constitutional rights.