Florida House Rep. Joseph Geller (D-Hollywood) told the Florida Record he doesn’t know the motivation behind the state opposing a requirement to preserve images of ballots created by digital voting machines, but the idea is common sense.
Last year residents filed a lawsuit requiring photographic copies of election ballots instead of just paper records in eight of the state’s most populous counties. State officials with the Supervisors of Elections (SOE) filed an appeal in the Florida First District Court in Tallahassee to have the suit thrown out, arguing that the law requires SOE’s to be sued separately in their individual home counties.
“Their (state’s) motivation is difficult, you just don’t know,” Geller said. "I never try to climb inside someone else’s head.”
Geller disputed what he said has been the state’s argument in the case, that preserving ballots with back-up photo images in addition to original paper ballots is costly and that paper is enough.
“We don’t believe the cost is significant,” he said. “In some cases it’s nonexistent.”
Geller said the suit is not trying to supplant the original paper ballots as sources.
“But in 2018 thousands of ballots were mislaid, by several different (SOE’s) during a recount,” he said.
Geller said having a complete set of ballot images in such cases would be a valuable tool for reconciling election vote numbers and to verify accuracy, guaranteeing transparency.
He said the move to require a lawsuit in every county would be a chaotic situation.
“We’ve only named eight counties,” he said. “They (state) are suggesting 35 (or more). The potential for conflicting rulings is enormous. Of course there should be one lawsuit, one county, one judge; be the subject of one appeal, and go up the line if necessary so the issue is resolved.”
Geller added that Leon County (Tallahassee) is the natural site for the litigation.
He was asked if the case might go to the Florida Supreme Court.
“It’s too early to tell,” Geller said. “It’s a possibility.”