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View Full Version : Broward elections supervisor illegally destroyed ballots in Wasserman Schultz race




Swordsmyth
05-15-2018, 04:58 PM
The Broward County Supervisor of Elections Office violated state and federal laws by destroying ballots from a 2016 Congressional race too soon — and while the ballots were the subject of a lawsuit against the office, a judge has ruled.
Based on that ruling, Florida’s Department of State will send election experts to the Broward elections office in the upcoming election “to ensure that all laws are followed,” the governor’s office said. It could also cost the elections office more than $200,000 to pay attorney’s fees for Tim Canova, the defeated candidate who sued the office.
The decision stems from Canova’s bid to unseat Congresswoman Debbie Wasserman Schultz (http://www.orlandosentinel.com/topic/politics-government/government/debbie-wasserman-schultz-PEPLT005868-topic.html) in the Democratic primary, a race he lost convincingly, at about 57 percent to 43 percent, or 28,809 votes to 21,907.
Canova, who was checking for voting irregularities in the race, sought to look at the paper ballots in March 2017 and took Elections Supervisor Brenda Snipes to court (http://www.sun-sentinel.com/news/politics/fl-reg-tim-canova-ballots-lawsuit-20170810-story.html) three months later when her office hadn’t fulfilled his request. Snipes approved the destruction of the ballots in September (http://www.sun-sentinel.com/news/politics/fl-reg-tim-canova-brenda-snipes-clash-20171215-story.html), signing a certification that said no court cases involving the ballots were pending.
Snipes called the action a “mistake” during testimony she gave in the case, saying the boxes were mislabeled and there was “nothing on my part that was intentional” about destroying the contested ballots.
“When I sign, I sign folders filled with information,” Snipes said in her testimony, later adding: “I trust my staff. They have the responsibility of giving me information that’s correct.”


Circuit Judge Raag Singhal ruled Friday that Snipes wrongly destroyed public records because:
— The elections office is required to maintain the ballots in federal elections for 22 months, while Snipes destroyed the ballots after 12 months, which is the retention period for state elections.
— The ballots were the subject of a pending lawsuit, so it would take a court order from the judge in the case to allow their destruction.
Snipes “has not presented any evidence refuting that the public records sought were destroyed while this case was pending before this court,” Singhal said.
Snipes will appeal the decision, said her attorney, Burnadette Norris-Weeks.
“We think the judge is wrong,” Norris-Weeks said.

More at: http://www.orlandosentinel.com/news/fl-sb-broward-elections-supervisor-broke-law-snipes-canova-20180514-story.html