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WEXLER v. ANDERSON

No. 04-16280.

452 F.3d 1226 (2006)

Robert WEXLER, Congressman, Addie Greene, Commissioner, Burt Aaron, Commissioner, Tony Fransetta, Plaintiffs-Appellants, v. Arthur ANDERSON, Supervisor of Elections for Palm Beach County, Kay Clem, Supervisor of Elections for Indian River County, Florida and President of the Florida Association of Supervisors of Election, Florida Secretary of State, Glenda E. Hood, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 20, 2006.

Attorney(s) appearing for the Case

Robert S. Peck, Center for Constitutional Lit., Washington, DC, Jeffrey M. Liggio, Liggio, Benrubi & Williams, PA, West Palm Beach, FL, for Plaintiffs-Appellants.

Ronald A. Labasky, Young Van Assenderp, P.A., Erik M. Figlio, Christopher M. Kise, Florida Sol. Gen., Tallahassee, FL, for Defendants-Appellees.

Cindy A. Cohn, Electronic Frontier Found., San Francisco, CA, for Amici Curiae.

Before DUBINA and KRAVITCH, Circuit Judges, and STROM, District Judge.

KRAVITCH, Circuit Judge.

The issue presented in this appeal is whether Florida's manual recount procedures in those counties employing paperless touchscreen voting machines violate the rights of voters in those counties to equal protection and due process under the Fifth and Fourteenth Amendments to the United States Constitution. For the reasons that follow, we hold that they do not.1

I. Facts

Florida's Voting System...

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