Provisional Ballot Battle

The state constitution makes no mention of precincts and says qualified voters shall be electors of their county.

Civil rights groups are using the language to challenge a state law, which requires voters to be in the right precinct, not just the right county when they are casting a provisional ballot.

Jonathan Weissglass, AFL-CIO attorney, says, "What the constitution requires is that you vote in your county because you are an elector of the county. The precinct, there is nothing magical about the precinct, what’s magical is that every vote be counted."

With four hurricanes and thousands of people displaced, judges expressed concern that voters would not know where to go.

Justice Peggy Quince says, "A lot of people have left their homes because of these hurricanes and may or may not get their mail forwarded."

But the lawyer for state elections supervisors says allowing voters to show up anywhere could cause chaos.

Ron Labasky of the Florida Association of Elections Supervisors says, "If large numbers of people went to a certain location there wouldn’t be sufficient ballots, and then the canvassing boards would be presented with a tremendous problem in trying to count those."

In the end, the civil rights groups hope that the court rules as it has in the past in favor of counting every vote.

Alma Gonzalez, AFL-CIO, says, "Because the constitution clearly says if you are an eligible voter and you have done everything in your power to register to vote, and to show up on Election Day to have your voice heard, then your voice ought to be heard."

With the election just over two weeks away, a speedy decision is expected.