Federal Court: Florida Election Statute “Illogical, Irrational and Patently Bizarre” Orders State to Allow Correction of Mismatched Signature Ballots

gavelFlorida Northern U.S. District Court Judge Mark Walker has entered another order in a case initiated by the Florida Democratic Party against the State.  In an Order Granting Preliminary Injunction, the Court found that “[i]t is illogical, irrational and patently bizarre for the State of Florida to withhold the opportunity to cure from mismatched signature voters while providing the same opportunity to no signature voters”.  Therefore, the court concluded Florida’s “statutory scheme” regarding the opportunity to cure signature defects in mail-in ballots unconstitutional. See F.S. 101.68. This ruling will likely apply to thousands of mail-in ballots and will require county supervisors to notify mail-in voters whose ballot signatures don’t match registration records that they can correct their signatures by 5pm the day before the election. Judge Walker previously ordered the Governor to extend the voter registration deadline to October 18th, 2016.

Thomas D. Shults, Esq.

About Thomas D. Shults, Esq.

Tom Shults is a partner in the law firm of Kirk-Pinkerton P.A. He represents clients in a range of matters including election law issues,complex business and commercial disputes and probate and trust suits. Mr. Shults is a Board Certified Civil Trial Lawyer. Board certification is the highest level of evaluation by The Florida Bar of competency and experience within a specific area of law. Mr. Shults also holds the highest peer rating possible (AV) from the independent attorney rating agency, Martindale Hubbell. He was recently appointed chair of the Code and Rules of Evidence Committee of the Florida Bar and is a recipient of the Distinguished Community Service Award of the Sarasota County Bar Association. He is an Army veteran and was admitted to the Bar in 1983.
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