News & Events
Monroe County judgeship suit tracks down absentee voters
A court case challenging the outcome of a judge's race in Monroe County has forced election officials to track down 69 voters scattered over seven states and four countries.
BY CAMMY CLARK
Feb. 25, 2009 | The Miami Herald
KEY WEST -- Every vote does not always count -- as 69 registered voters of Monroe County are finding out.
''I am mad. Don't I sound mad?'' said Key Largo resident Tom Gray, who is among the 69 voters whose absentee ballots were rejected in November because the signature on their envelope did not match the one on file with the elections office.
Those rejected ballots are now being reevaluated for authenticity as part of a lawsuit challenging a razor-thin victory in a Monroe County judge's race.
The painstakingly slow process of validating each of the 69 signatures -- by voters scattered over seven states and four countries -- also demonstrates what havoc could be created if a race is contested in a more populous county, like Leon, which had 800 rejected absentee ballots last November.
''Imagine if you have a primary race for the next governor, and it's decided by less than the margin of rejected absentee votes for all 67 counties,'' said Bob Shillinger, assistant Monroe County attorney.
For the Monroe lawsuit, depositions have been done in such places as the bedsides of ill voters, at a wine bar, and at a dorm room in New York.
''A few of them said they didn't sign it, like the one man who said he was out fishing and his wife signed,'' candidate Mary Vanden Brook said. "But the bulk of them said they signed it themselves and their signature changed over the years.''
The wrangling began on Nov. 4. After nearly 33,000 votes were cast for the Group 4 Circuit Court Judge race, Tegan Slaton led Vanden Brook by a mere nine votes, prompting automatic recounts.
After the machine recount, it was a tie. After the manual recount, it was four votes in favor of Slaton, who was then declared the winner.
On Nov. 24, Vanden Brook, who had resigned as county court administrator to run for judge, filed suit.
It took nearly two months to go to trial after a change of venue from Monroe County to Leon County. During that time, Slaton was sworn in as judge.
His rulings will stand even if Vanden Brook ultimately is declared the winner.
At the trial in January, Judge Kevin Davey added one vote to Vanden Brook's stack, tightening the difference to just three votes. He also was presented with depositions from 15 of the 69 voters, and ruled that -- based on legal precedent -- every voter must be given the opportunity to have his or her vote count.
Joyce Griffin, assistant supervisor of elections for Monroe County, has spent endless hours tracking down all 69 voters -- including ones living in Guam, Japan, Germany and the Bahamas -- and coordinating depositions for those willing to go through the process. Some told her they didn't want to.
Many voters, like Peter Swenson of North Key Largo, were disappointed their votes didn't count but understood why.
''I've gotten older and my signature has gotten simpler,'' he said. "But if I've got to do jury duty, they've got to count my vote.''
Slaton said the $148,500 salary he receives for the first year of the six-year term already has been spent in legal fees. Shillinger said county personnel have spent 650 hours and counting on the case.
Vanden Brook, who is responsible for the brunt of the costs because she is the plaintiff, said it's a matter of making sure every person's vote counts that should count. ''This case is really establishing how fundamental absentee balloting is,'' said Vanden Brook attorney Kendall Coffey. "It is becoming increasingly important.''
On Monday, Davey gave both sides another three or four weeks to get as many as the remaining depositions as possible. There is no deadline when he will rule on which of the 69 ballots to accept. But when he does, the sealed envelopes of the accepted will be opened to finally count those ballots.
''There is no perfect election,'' Slaton said. "The legislature in its wisdom passed statutes so there is some finality on election day. I understand signatures can change, but voters have the opportunity to make sure their signatures on file match.''