- **World Exclusive**
-
- The DRUDGE REPORT has obtained -- and is now releasing
worldwide -- a memo circulated to Democrats throughout Florida detailing
how to disqualify overseas military ballots!
-
- It's been talked about. It's been flashed on TV. But
now only the DRUDGE REPORT can bring you the full text.
-
- Mark Herron, a Tallahassee lawyer helping shepherd Democratic
presidential election lawsuits through the local courts, sent the five-page
letter to Democratic attorneys across Florida giving them tips on how to
lodge protests against the ballots which heavily favored Republican George
W. Bush.
-
- Bush comfortably won Florida's overseas absentee vote
by 1,380 votes to Vice-President Al Gore's 750 but, after vigorous challenges
by Gore canvassers, 1,527 of the postal ballots, many of them from soldiers
and sailors on active service, were rejected using Herron's bluprint.
-
- Gen Norman Schwarzkopf led Republican condemnation of
a five-page guide which advised Democratic tellers how to raise objections
to the postal votes.
-
- He said: "It is a very sad day in our country when
the men and women of the armed forces are serving abroad and facing danger
of a daily basis . . . and are denied the right to vote for the president
of the United States who will be their commander in chief."
-
- The 5-page memo as obtained by the DRUDGE REPORT:
-
- Date: November 15, 2000 To: FDP Lawyer From: Mark Herron
Subject: Overseas Absentee Ballot Review and Protest
-
- State and Federal law provides for the counting of "absentee
qualified electors overseas" ballots for 10 days after the day of
the election or until November 17, 2000. Sections 101.62(7)(a), Florida
Statutes defines as "absentee qualified elector overseas" to
mean members of the Armed Forces while in the service, members of the merchant
marine of the United States and other citizens of the United States, who
are permanent residents of the states and are temporarily residing outside
of the territories of the United States and the Districts of Columbia.
These "absent qualified electors overseas" must also be qualified
and registered as provided by law.
-
-
- You are being asked to review these overseas absentee
ballots to make a determination whether acceptance by the supervisor of
elections and/or the county canvassing board is legal under Florida law.
A challenge to these ballots must be made prior to the time that the ballot
is removed from the mailing envelope. The specific statutory requirement
for processing the canvass of an absentee ballot including of overseas
absentee ballot, are set forth in Section 101.62(2) (c)2. Florida Statutes:
-
-
- If any elector or candidate present believes that an
absentee ballot is illegal due to a defect apparent on the voter's certificate,
he or she may at anytime before the ballot is removed from the envelope,
file with the canvassing board a protest against the canvcass of the ballot
specifying the precinct, the ballot, and the reason he or she believes
the ballot to be illegal. A cahllenge based upon a defect in the voter's
certificate may not be accepted after the ballot has been removed from
the mailing envelope.
-
-
- The form of the voter's certificates on the absentee
ballot is set forth in section 101.64(1), Florida Statutes. By statutory
provisions, only overseas absentee ballots mailed with an APO, PPO, or
foreign postmark shall be considered a ballot. See Section 101.62(7)(c).
Florida Statutes.
-
- In reviewing these ballots you should focus on the following:
-
-
- 1. Request for overseas ballots: Determine that the voter
affirmatively requested an overseas ballot, and that the signature on the
request for an overseas ballot matches the signature of the elector on
the registration books to determine that the elector who requested the
overseas ballot is the elector registered. See Section 101.62(4)(a), Florida
Statutes.
-
- 2. The voter's signature: The ballot envelope must be
signed by the voter. The signature of the elector as the voter's certificate
should be compared with the signature of the elector of the signature on
the registration books to determine that the elector who voted by ballot
is the elector registered. See Section 101.68(c)x, Florida Statutes.
-
- 3. The ballot is properly witnessed: The absentee ballot
envelope must be witnessed by a notary or an attesting witness over the
age of eighteen years. You may note that these requirements vary from the
statutory language from the Section 101.68(2)(c)1, Florida Statutes. Certain
statutory requirements in that section were not proclaimed by the Justice
Department pursuant to Section 5 of the Voting Rights Act, Sec. DE 98-13.
-
- 4. The ballot is postmarked: With respect to absentee
ballots mailed by absolute qualified electors overseas only those ballots
mailed with an APO, PPO, or foreign postmark shall be considered valid.
See Section101.62(7)(c), Florida Statutes. This statutory provision varies
from rule 15-2.013(7), Florida Administrative Code, which provides overseas
absentee ballots may be accepted if "postmarked or signed and dated
no later than the date of the federal election."
-
- 5. The elector has not already voted (duplicate ballot).
In some instances, an absent qualified elector overseas may have received
two absentee ballots and previously submitted another ballot. No elector
is entitled to vote twice. (Please insert appropriate Fl. xxx.)
-
- To assist your review, we have attached the following:
-
- 1. A review Federal Postal regulations relating to FPO's
and PPO's.
-
- 2. A protest form to be completed with respect to each
absentee ballot challenged.
-
- 3. Overseas Ballot Summary of Definitions.
-
-
- Revised Overseas Ballot Summary of Definitions
-
- There are 3 different types of overseas ballots that
are valid for return at the counties provided they are postmarked on or
before November 7th.
-
- 1. Federal Write-In ballot
-
- Must be an overseas voter and must be eligible to vote
and be registered under State law.
-
- Must have affirmatively requested an absentee ballot
in writing and completely filled out request (including signature)
-
- Must comply with State laws applying to regular absentee
ballots (such as registration requirements, notification requirements,
etc.)
-
- Ballot contains only Federal races, and is considered
to be a "backup" system if the regular state absentee ballot
fails to arrive.
-
- The intent of the voter in casting the ballot should
govern. In other words, minor variations in spelling candidate or party
names should be disregarded in ballot counting so long as the intention
of the voter can be ascertained.
-
- Must be postmarked as an APO, FPO, or MPO in a foreign
country or at a foreign post office.
-
-
-
-
- 2. Florida Advance Ballot
-
- Sent out in advance of a regular General Election ballot
with state and Federal candidates listed. Must be an overseas voter and
must be eligible to vote and be registered under State law.
-
- Must comply with State laws applying to regular absentee
ballots (such as registration requirements, notarization requirements,
etc.)
-
- Must have affirmatively requested an absentee ballot
in writing and completely filled out request (including signature)
-
- Sent prior to the second (or October) primary elections
to all permanent overseas registered voters.
-
- Must comply with all State laws regarding signatures,
witness requirements, etc.
-
- Must be postmarked at the APO, FPO or MPO in a foreign
country or at a foreign post office.
-
-
-
-
- 3. Regular Overseas Ballot
-
-
-
-
-
-
- Sent after the second (or October) primary elections
to all permanent overseas registered voters and voters requesting an overseas
ballot from the county.
-
- Must be an overseas voter and must be eligible to vote
and be registered under State law.
-
- Must comply with State laws applying to regular absentee
ballots (such as registration requirements, notarization requirements,
etc.)
-
- Must have affirmatively requested an absentee ballot
in writing and completely filled out request (including signature)
-
- Full ballot with all candidates listed.
-
- Likely would take precedence over any advance or federal
ballot also returned.
-
- Must comply with all State laws regarding signatures,
witness requirements, etc. Ballot is designed by the county.
-
- Must be postmarked at an APO, FPO, or MPO in a foreign
country or at a foreign post office.
-
-
-
-
- Below are the definitions for points of origin and postmark
that are valid for military overseas ballots:
-
- 1. APO (Army Post Office) -- A branch of the designated
USPS civilian post office, which falls under the jurisdiction of the postmaster
of either New York City or San Francisco, that serves either Army or Airforce
personnel.
-
- 2. FPO (Fleet Post Office) -- A branch of the designated
USPS civilian post office, which falls under the jurisdiction of the postmaster
of either New York City or San Francisco, that serves Coast Guard, Navy,
or Marine Corps personnel.
-
- 3. MPO (Military Post Office) -- A branch of a U.S. civil
post office, operated by the Army, Navy, Airforce, or Marine Corps to serve
military personnel overseas or aboard ships.
-
- 4. Military Post Office Cancellation -- A postmark that
contains the post office name, state, ZIP Cope, and month, day, and year
that the mail xxx was cancelled.
-
-
-
- Protest of Overseas Absentee Ballot
-
-
- As provided in Section 101.68(2)(c)(2), Florida Statutes.
I, as an elector in __________ County, Florida, hereby protest against
the canvass of the overseas absentee ballot described below:
-
-
- County:
- ____________________________________________________
-
- Precinct:
- __________________________________________________
-
- The Ballot:
- ________________________________________________
-
- Name of Voter:
- _____________________________________________
-
- Address of Voter:
- __________________________________________
-
- Reason for rejection:
- ______________________________________
-
-
- ___ Lack of voter signature
-
- ___ Lack of
- affirmative request for absentee ballot
-
- ___ Request for absentee
- ballot not fully filled out
-
- ___ Signature on absentee ballot request
- does not match signature on registration card or on ballot
-
- ___ Voter
- signature on envelope does not match signature on registration
- card
-
- ___ Inadequate witness certification
-
- ___ Late postmark
- (indicate date of actual postmark)
-
- ___ Domestic postmark (including
- Puerto Rico, Guam, etc.)
-
- ___ No postmark
-
- ___ Voter had
- previously voted in this election
-
- ___
- Other
-
-
- __________________________________
- Signature
- of Person Filing Protest
-
- __________________________________
- Print
- Name
-
-
-
-
- 11/15/00
-
- Filed By Matt Drudge
- Reports are moved when circumstances warrant
- http://www.drudgereport.com for updates
- (c) DRUDGE REPORT 2000
-
-
-
- MainPage
http://www.rense.com
-
-
-
- This
Site Served by TheHostPros
|