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News-Journal Online

 

Rights group sues over election results

 

By James Miller, Staff Writer

 

November 24, 2004

 

DELAND -- The aftermath of the general election in Volusia County grew more tangled Tuesday, as a local voting rights advocate sued to throw out the results.

 

The suit, filed by DeLeon Springs resident Susan Pynchon, targets the race for supervisor of elections, alleging that former County Councilwoman Ann McFall's victory was based on "inadequate and incomplete information regarding election results."

 

While the suit focuses on the most prominent countywide race, it asks that all general election results in the county be set aside.

 

"What happens (if) that election is set aside, whether there's another election, we'll have to wait and cross that bridge when we come to it," said attorney Daniel Vaughen of DeLand, who filed the suit in circuit court in DeLand.

 

The suit comes one day too late to meet a state law requiring that such complaints be filed within 10 days of an election's certification, but Vaughen says an exception should be made in part because of delays in getting records from the Volusia County Department of Elections.

 

Late Tuesday, McFall, who prevailed by a 51.6 percent to 48.4 percent margin, lashed out at her opponent in the race, County Councilwoman Pat Northey, saying the suit "looks and smells like sour grapes to me."

 

Northey said Pynchon had contacted her, but she had not endorsed the lawsuit. She declined to comment on McFall's belief that she was involved.

 

Pynchon, who recently helped found an organization called Florida Fair Elections Coalition, said she sued because of concerns about how election records were handled. She acknowledged that she had been active with the Democratic Party but said her group is nonpartisan.

 

In part, her suit's claims are based on records Supervisor of Elections Deanie Lowe provided last week to Black Box Voting, a national elections watchdog group that is focusing one of several potential fraud probes on Volusia County.

 

Pynchon and Bev Harris, Black Box Voting's executive director, say copies of voting machine tapes they received last week are incomplete for 59 precincts. The tapes -- receipt-like records -- are one of several issues raised in the lawsuit.

 

"At this point, we're (Pynchon and her attorney) not accusing anyone of fraud," Pynchon said. "At the very least, I would say there's been gross negligence and ineptitude."

 

Harris said Black Box Voting played no part in the suit other than providing information.

 

Regardless of the lawsuit, Harris said her group will ask for public inspection of the ballots from the 59 precincts. Harris is being shadowed by documentary filmmakers. Although they have met before, Lowe declined to meet with Harris on Tuesday with filmmakers present.

 

"I'm not here to be part of a circus and a bunch of inferences and insinuations," Lowe said.

 

She said she would conduct a public recount if Harris asks and might conduct her own, just to set the record straight.

 

Lowe acknowledged that her office mistakenly provided incomplete copies of voting machine tapes from 10 precincts to Black Box Voting. Poll workers' signatures were cut off during photocopying, she said. But while Lowe said there might have been other errors in copying, she tersely rebutted suggestions of more serious problems.

 

"I think they're totally wrong," Lowe said. "There was no negligence and there was certainly no fraud."

 

james.miller@news-jrnl.com

 

© 2004 News-Journal Corporation. ® www.news-journalonline.com

 

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