Washington Post Staff Writers
May 5, 2001
By Sue Anne Pressley and Thomas B. Edsall

MIAMI, May 4 -- Florida legislators overwhelmingly approved today a wide-ranging package of changes in the state's election system, outlawing the punch-card ballot system blamed for much of the chaos that delayed the outcome of the 2000 presidential election.

The state, which became a focus of national attention during the 36-day battle to determine whether Democrat Al Gore or Republican George W. Bush had won the Nov. 7 contest, has now passed the most far-reaching revision of election procedures in the nation.

Among other things, the package requires the more reliable optical-scan ballot systems to be in place in most of the state for the 2002 primary elections and provides at least partial funding to accomplish that goal, eliminating punch-card and hand-counted paper ballots as well as mechanical-lever voting. It sets standards for recounts in close elections; makes provisions for allowing people to vote even when their names are not immediately found on voting rolls; and enforces a voters' bill of rights to ensure fair treatment at the polls.

An optical-scan system works much like the system for lottery tickets -- the voter fills in an oval and places the ballot in the machine; any errors are caught on the spot and the voter is able to request a new ballot. Today's action also allows counties that can afford it to purchase the more costly touch-screen voting system that, many believe, further reduces the margin for error.

The old punch-card ballots -- which were used in 24 of Florida's 67 counties, including Miami-Dade, Broward and Palm Beach -- were blamed for tens of thousands of uncounted votes in the state. Bush won Florida by 537 votes in the final tally.

"This is certainly the most comprehensive bill that has been passed in any state this year," said Jennie Drage of the National Conference of State Legislatures. "They really quickly got together, they put out excellent reports, they were thorough, they thought about it, and they came up with a really ambitious package of reforms that touches on everything."

The measure will cost $32 million, including $6 million for voter education, the first funding ever earmarked in the state for that purpose. Approved 120 to 0 in the state House and 38 to 2 in the state Senate, it grew out of recommendations made earlier this year by a special task force appointed by Gov. Jeb Bush (R), the president's brother.

At a news conference this afternoon, Jeb Bush said the reform package will make Florida "the envy of the country" once the improvements are in place. He is expected to sign the bill into law as early as next week.

"Instead of focusing on the past, we've been focusing on 2002," the governor said. "We took advantage of the scrutiny the state got -- and had we not done it, shame on us."

Other states in the wake of the 2000 election debacle have been reexamining their voting systems, Drage said. Georgia legislators passed a bill this year that requires a uniform statewide electronic voting system by 2004, but they did not include funds for the needed equipment. South Dakota passed a measure to create a centralized voter registration database.

"But both of those are pieces of what Florida has done," Drage said. "Most states are involved in thoughtful evaluation. Some have chosen to appoint commissions to study elections. There is no single election system in this country, and there is no single one-size-fits-all reform package that will fit every state."

Leon County Elections Supervisor Ion Sancho, who moved his county to optical scanners several years ago and advised the task force, said he applauds the Legislature's action but is sorry that one recommendation was dropped earlier this week at the urging of House leaders.

That provision would have made elections supervisors nonpartisan and would have forced members of the statewide canvassing committee to recuse themselves from decision-making if they were involved in politics, avoiding a repeat of the situation in which Florida Secretary of State Katherine Harris, an active Bush supporter, certified the election results.

"That was the most glaring thing they didn't do," Sancho said.

What happens next is still a matter for the individual counties, which retain much of their authority over elections. In Miami-Dade County, Elections Supervisor David Leahy said he prefers to go with the touch-screen system, which would cost about $25 million for the county, compared with $5 million for the optical-scan system; the county commission will take up the issue soon. Palm Beach County has already chosen touch-screens, at a cost of about $14 million.

"Certainly, because of what transpired on Nov. 7, 2000, voters have lost confidence in the punch-card system, regardless of whether it is a good system or not, so it is time to replace it," Leahy said today.

In Washington, top Democrats today praised the legislation, contending that if it had been in place a year ago, Gore would be in the White House. The chief legal strategist for the Bush campaign also praised the bill, but he flatly rejected Democratic claims that the new rules would have produced a Gore victory.

"If we had had it a year ago, we'd be in the White House," said Terence McAuliffe, chairman of the Democratic National Committee. "I can't change the election outcome, I can't change the fact that George Bush is president, but we can make sure it doesn't happen again."

McAuliffe said Jeb Bush's support for the reform should make the president "ashamed," adding: "[President] Bush called election reform a top priority [in his speech to a joint session of Congress], but his budget comes up short and does not have a single cent for election reform."

The White House did not respond to a request for a comment on the Florida bill.

Benjamin Ginsberg, who ran the legal battle in Florida on behalf of the Bush campaign, said state legislators "should be commended for coming to grips with election reform." However, he said that Democrats' claim that Gore would have won had the law been in effect on Nov. 7 is wrong.

"They contend that any day the sun comes up," Ginsberg said. "Their contentions are irrelevant."