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Casting Provisional Ballots in the Wrong Precinct in Florida

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
July 9, 2013
Available Online Only

Florida Democratic Party v. Hood (Robert L. Hinkle, N.D. Fla. 4:04-cv-395)
Florida’s Democratic Party sought to enforce the Help America Vote Act (HAVA) by enjoining Florida from rejecting provisional ballots cast in the wrong precinct in the 2004 general election. The case was filed on September 29, and the court issued a preliminary injunction on October 21. The court ruled that HAVA does not require the counting of provisional ballots cast in the wrong precinct, but HAVA does require that the provisional ballots be provisionally accepted.
Topics: Help America Vote Act (HAVA); provisional ballots.

One of many Case Studies in Emergency Election Litigation.