Florida - The Eleventh Circuit Court of Appeals today overturned a lower court's ruling in a case that challenges the legality of Florida's paperless electronic voting machines. The federal suit, brought by Florida Congressman Robert Wexler, argues that the use of the machines violates the United States Constitutional guarantees of equal protection and due process. The Court of Appeals ruled that the existence of a related lawsuit in Florida state court does not prevent the federal district court from hearing the challenge. The decision returns the case to the district court for further proceedings.

"This important challenge will now be decided on the merits," said EFF attorney Matt Zimmerman, who also noted the difficult task ahead of the district court. "Floridians will go to the polls in only thirty-six days, but a great deal of good can be done to improve voting procedures in that time. In the short term and in the long term, we hope that the court requires a voter verified paper ballot for all Floridians."


Matt Zimmerman
Staff Attorney
Electronic Frontier Foundation

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