HARRIS v. FLORIDA ELECTIONS COM'N

Nos. 00-16423, 00-16424.

235 F.3d 578 (2000)

Robert N. HARRIS, Jill Katz, et al., Plaintiffs-Appellants, v. FLORIDA ELECTIONS COMMISSION, Florida Elections Canvassing Commission, et al., Defendants-Appellees. Steven Medina, Daniel H. Donaldson, et al., Plaintiffs-Appellants, v. Florida Elections Canvassing Commission, Katherine Harris, Secretary of State of Florida, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

December 11, 2000.


Attorney(s) appearing for the Case

Bruce J. Terris, Carolyn Smith Pravlik, Kathleen L. Millian, Sarah A. Adams, Terris, Pravlik & Millian, LLP, Washington, DC, Roger J. Bernstein, New York City, Randy M. Weber, Miami, FL, Steven Seliger, Quincy, FL, Steven G. Noles, Fort Payne, AL, for Appellants.

Joseph P. Klock, Jr., John W. Little, III, Christopher S. Duke, David Spector, Steel, Hector & Davis, LLP, West Palm Beach, FL, Deborah K. Kearney, Kerey M. Carpenter, Fla. Dept. of State, Tallahassee, FL, for Katherine Harris, Florida Secretary of State and State of Florida Elections Cacnvassing Com'n Bob Crawford and L. Clayton Roberts.

George Nicholas Meros, Jr., Shaunta Combs, Gray, Harris & Robinson, P.A., Tallahassee, FL, for Governor Jeb Bush.

Kenneth W. Sukhia, Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Tallahassee, FL, for George W. Bush and Richard Cheney.

D. Michael Chesser, Chesser, Wingard, Barr & Fleet, Shalimar, FL, for Okaloosa Cty. Canvassing Bd.

Before EDMONDSON, BLACK and CARNES, Circuit Judges.


PER CURIAM:

This appeal1 is about counting overseas absentee ballots in a presidential election and an attack on paragraph 7 of Rule 1S-2.013 of the Florida Administrative Code. Plaintiff-Appellants want us to nullify paragraph 7. The pertinent part of the Rule reads this way:

With respect to the presidential preference primary and the general election, any absentee ballot cast for a federal office by an overseas elector which...

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