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Case Law - save on Lexis / WestLaw. IN THE SUPREME COURT OF FLORIDA CASE NO. SC002376 JULIUS AND LILIAN KATZ, et al. v. THE ELECTIONS CANVASSING both individually and on behalf COMMISSION OF THE STATE of others similarly situated electors in OF FLORIDA, et al. Palm Beach County, Florida Respondents/Appellees Petitioners/Appellants _________________________________ 4th DCA CASE NOS. 4D00-4187 FROM THE CIRCUIT COURT, FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. CL 00-11302 AV PETITIONERS NOTICE OF SUPPLEMENTAL AUTHORITIES COMES NOW the Petitioners, through undersigned counsel, and provides this Notice of Supplemental Authorities for the Court's Consideration in support of its Petition, pursuant to Article V, section (3)(b)(5), Florida Constitution: CONSTITUTIONAL PROVISIONS 1. Equal Protection Clause, Fourteenth Amendment, United States Constitution (relevant to the issue of whether or not the Palm Beach voters were treated unequally in relation to other voters inside or outside of Florida, due to the illegal "butterfly" ballot). Petitioners encourage the Court to apply this authority to its consideration of whether the ballot infringed upon the constitutional right to vote. Petitioners have already argued that the ballot is "illegal" as the gravamen of its claim for relief. SEE Brief, at p. fourteen (l4). STATUTORY PROVISIONS 1. 101.151(3)(B) Fla. Stat., requiring that the ballot specifically state "Vote for One" under the headings of each office. The ballot in this instance said "Vote for Group". Other sections of this statute are already cited and the Ballot is attached as Exhibit One (1) to the Brief. SEE Brief, at pages 12, 13 and 15: and reference to Exhibit at page four (4). CASELAW 1. Hammond v. Hickel, 588 P.2d 256 (Alaska, 1978)(wherein the Court decided that, with respect to disputed ballots, it may choose between scheduling a special election, or making a proportional adjustment of the vote totals). See also Ippolito v. Power, 241 N.E.2d 232 (N.Y., 1968)(wherein the court ordered a new election where there were "suspect" votes and a very narrow margin of victory of 17 votes out of thousands cast). These cites are relevant to the remedy sought. In this instance, the Petitioners seek a revote but, a statistical apportionment of disregarded votes in proportion to the total votes cast is also possible under section 120.168 (8), Fla. Stat. SEE Brief, at page eighteen (18). 2. Curry v. Baker, 802 F.2d 1302, 1318 (11th Cir.1986) (wherein the Court employed statistical analysis and testimony to evaluate how to remedy election results properly protested). The Petitioners request that these authorities be relied upon along with its Brief. Respectfully Submitted: LAW OFFICES OF CHARLES F. CHESTER BY: ________________________________ Charles Frederick Chester, Esq. One Metro Center 5l Monroe Street, Suite 707 Rockville, Maryland 20850 (30l) 294-2500 Washington, DC area office 301 North Charles Street, Suite 804 Baltimore, Maryland 21201 MICHELLE G. TRCA, P.A. By:________________________ Michelle G. Trca, Esq. Florida Bar No. 0009857 International Building 2455 East Sunrise Blvd., Suite 209 Fort Lauderdale, Fl. 33304 (954) 561-3670 2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing Motion was sent via fax to each of the Defendants, or any counsel of record, on the Amended Service List attached to the original of this Notice this 30th day of November, 2000. ____________________________ Michelle G. Trca, Esq. Florida Bar No. 0009857 3
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