[Ed. – ‘Unconventionally marked’ is campaign-speak for ‘illegitimate.’]
The lawsuit, filed in federal court by both Nelson and the Senate Democrats’ campaign arm in Tallahassee, asks a judge to ensure that the Florida Department of State does not disqualify ballots where selections are marked in different ways, so long as the voter’s intention is clear.
A ruling in the lawsuit could be key in determining whether numerous ballots are tallied if the Senate race in Florida goes to a hand recount.
The lawsuit argues that Florida Secretary of State Ken Detzner’s office could reject ballots on which a voter may have marked a selection in more than one way.
Such ballots may appear as overvotes or undervotes — ballots on which a voters’ selections either exceed or fall below the maximum number of selections allowed — in vote-counting machines and therefore may have been overlooked by county election officials.
The Nelson campaign’s lawsuit asks a judge to ensure that such ballots are counted should the Senate race go to a hand recount.