Confusion in Palm Beach
— -- ABCNEWS.com obtained copies of legal documents filed in protest of the layout of ballots in Palm Beach County, Florida. Below is the full text of Sharon Elkin, Florence Zoltowsky and Alex Zoltowsky's complaint.
IN THE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA
SHARON ELKIN, FLORENCE ZOLTOWSKY and ALEX ZOLTOWSKY,
Plaintiffs,
V.
THERESA LePORE, SUPERVISOROF ELECTIONS, PALM BEACH COUNTY,FLORIDA. KATHERINE HARRIS,SECRETARY OF STATE, STATE OFFLORIDA,
Defendant._____________________________________
COMPLAINT FOR DECLARATORY JUDGMENT
The Plaintiffs, SHARON ELKIN, FLORENCE ZOLTOWSKY and ALEX
ZOLTOWSKY, hereby sues Defendants, THERESA LePORE, SUPERVISOR OF
ELECTIONS, PALM BEACH COUNTY, FLORIDA and KATHERINE HARRIS,
SECRETARY OF STATE, STATE OF FLORIDA, and hereby alleges as follows:
1 . This is an action for declaratory judgment and supplemental relief.
2. The Plaintiff. SHARON ELKIN, resides at 10101 Mangrove Drive, Unit 104,
Boynton Beach, Palm Beach County, Florida, 33437, and is sui juris.
3. The Plaintiffs, FLORENCE ZOLTOWSKY and ALEX ZOLTOWSKY, reside at [x] Boynton Beach, Palm Beach County, Florida, 33437, and are sui juris.
4. The Defendant, THERESA LePORE, Supervisor of Elections, Palm Beach County, Florida, has a responsibility of preparation of the official ballot of the general Sharon Elkin, et al. v- Theresa LePore. Supervisor of Elections, et al.
5. The Defendant, KATHERINE HARRIS, Secretary of State, State of Florida, Is in the position to receive a copy of the sample ballot of Palm Beach County, Florida, for the general election which took place on November 7, 2000 and whose position is to evaluate such sample ballots to see if it is consistent with the laws of the State of Florida.
6. On November 7, 2000, the Plaintiffs, SHARON ELKIN, FLORENCE ZOLTOWSKY and ALEX ZOLTOWSKY, within their legal rights, were participants in the general election on November 7, 2000, in Palm Beach County, Florida. At that time, the Plaintiffs, within the laws of Florida, properly went to a voting place in Boynton Beach, Precinct 154F, Palm Beach County, Florida, and obtained a ballot for the general election which took place on November 7, 2000.
7. The Plaintiffs, upon receipt of this ballot, went into the voting booth area to vote on the candidates for the general election on November 7, 2000, including, but not limited to, the President and Vice-President of the United States of America.
8. While reviewing the candidates for the President and Vice-President, thePlaintiffs were found to look at an ambiguous, confusing and misleading ballot in which it was impossible to properly determine the voting area to punch in order to vote for the candidate of their choice.
9. Due to the confusing, misleading and ambiguous nature of this ballot, the Plaintiffs maintain that they did not vote for the candidate of their choice and never had an opportunity to express a full, free and open choice in the usual manner which is prescribed by Florida law in choosing the candidate of their choice,
10. It is Plaintiffs' position that they did not vote for the candidate of their choice which would have been for Al Gore, for President of the United States, and Joseph Lieberman, for Vice-President of the United States. It is the Plaintiffs' position that they punched hole #4 which was a vote for Patrick Buchanan for President and Ezola Foster for Vice-President. (Plaintiff hereby files a sample copy of the official ballot for the general election for Palm Beach County, Florida, as Plaintiffs Exhibit "A", which identifies the confusing nature of the candidates, however, it does not provide the areas to be punched on the ballot, which was the essence of the ballot and which was the essence of the confusing, misleading and ambiguous condition of the ballot.)
11. The Plaintiffs maintain that based on the form of the ballot, they never had an opportunity to express a full, free and open choice of the candidate of their choosing and it was reasonably probable that they did not have an ability to locate the candidate of their choice on this particular ballot for the general election, which took place on Tuesday, November 7, 2000 in Palm Beach County, Florida.
12. The Plaintiffs maintain that pursuant to Florida Statute §10 1. 191 entitled,
"Form of General Election Ballot, this general election ballot involving the election for the President and Vice-President of the United States of America, indicates that the name of the candidate should be located on the same line with the appropriate box to punch off to the right of the candidate's name. As evidence, the Plaintiff provides this Court with a sample copy of the general election ballot, which was identified under Florida Statute§101.191. (Attached hereto and incorporated herein as Plaintiff's Exhibit "B" is a copy of the form of the general election ballots as identified by Florida Statue §101.191.)
13. Plaintiffs maintain that the ballot, which was put forth to them on November 7, 2000, involving the general election, which took place in Palm Beach County, Florida, was misleading, confusing, ambiguous and In violation of Florida Statutes. As such, the Plaintiffs were unable to make a free choice and have a full means and opportunity to express their full, free and open choice as to the candidate of their choosing.
14. Further, the Plaintiffs maintain that their rights under the Florida Constitution Article 1, Section 11, have been violated in that they were entifled to stand before the law on equal terms with, to enjoy the same rights as to belong as to all of the citizens of the State of Florida. Thus, the Plaintiffs were not afforded "equal protection" under the Florida Constitution.
15. Plaintiffs maintain that the ballot which was put forth to them on November 7, 2000, for the general election which took place in Palm Beach County, Florida, is invalid and should be void as this clearly creates the reasonable probability that the results did not afford Plaintiffs the free and open choice to elect the candidates of their choice. Further, Plaintiffs maintain that as a result of this ballot being invalidated that they should be able to re-vote and properly choose in a full, free and open choice a clear and concise ballot, which is in proper form as indicated by Florida law.
16. Plaintiffs are in doubt about their rights under the laws of the State of Florida and the United States Constitution.
WHEREFORE, Plaintiffs demand a judgement declaring their rights under Florida law and to invalidate the ballots that they entered on November 7, 2000 in the general election in Palm Beach County, Flotida and for supplemental relief allowing them to move forward, as well as other residents of Palm Beach County, Florida in the attempt to re-vote and have a full, free and open choice to choose their candidates on a ballot which is in compliance with the laws of the State of Florida.
YOUNG & LAWLOR, P.A. Attorneys for Plaintiffs 1707 W. Hillsboro Boulevard Suite 203 Deerfield Beach, FL 33442 954/426-8226 By:_____________________________ Patrick W. Lawlor FBN: 969941