Florida provisional ballot ruling [FL SC]
Florida provisional ballot ruling [FL SC]

AFL-CIO v. Hood, Florida Supreme Court, October 18, 2004 [ruling that Florida voters who cast provisional ballots in the wrong precinct will have their vote disqualified, even if they are legally registered]. Excerpt:

We conclude that the precinct-specific provision in section 101.048 is a regulation of the voting process, not a qualification placed on the voter, and is no more unreasonable or unnecessary than the comparable provision in section 101.045, which has been operative for decades. The Legislature reasonably may have determined that both regulations are necessary to ensure the integrity of the election process. We hold that the plaintiffs have failed to show that the precinctspecific provision in section 101.048 imposes an "[u]nreasonable or unnecessary restraint[] on the elective process." See Treiman, 342 So. 2d at 975. We affirm the trial court's ruling upholding the facial constitutionality of section 101.048, Florida Statutes (2004), in this regard.

Read the full text of the opinion here [PDF]. Reported in JURIST's Paper Chase here.