Wednesday, November 22, 2000
Contact: James Bopp, Jr., General Counsel,
phone 812-232-2434, fax 812-235-3685
jboppjr@abcs.com

U.S. Court of Appeals for 11th Circuit Has Ordered All Briefs To Be Submitted by November 29, With Possible Oral Argument to Follow on 24-Hour Notice, in Voters' Lawsuit That Could Block Manual Recounts

Yesterday (Tuesday), the U.S. Court of Appeals for the 11th Circuit announced a fast-track briefing schedule in a pending appeal by three Florida residents who voted for George W. Bush. If the voters prevail in their federal constitutional challenge to a Florida election law, the results of ongoing manual recounts will not be recognized, notwithstanding yesterday's Florida Supreme Court ruling.

"The federal appeals court is giving our case fast-track treatment," said attorney James Bopp, Jr., general counsel of the James Madison Center for Free Speech, which is handling the appeal. "We hope that the court will schedule oral arguments next week."

The voters' lawsuit (Touchston v. McDermott) is separate from the Bush campaign lawsuit (Siegel v. LePore), which is also before the 11th Circuit. In both cases, the 11th Circuit has ordered all briefs to be submitted by next Wednesday (Nov. 29) and has advised parties to be ready for possible oral argument on 24-hour notice at any time thereafter.

Mr. Bopp and the James Madison Center are representing three Brevard County Bush voters. They argue that the Florida law under which manual recounts are being conducted violates their federal constitutional rights to equal protection and due process of law by allowing selective manual recounts by candidates and counties using vague, subjective, arbitrary and capricious standards.

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. For filings in Touchston v. McDermott, see www.jamesmadisoncenter.org.