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  • The Burton Firm

The Burton Firm and co-counsel file suit seeking to force Florida to preserve digital ballot images


On July 1, 2020, Marc A. Burton and Richard J. Burton of The Burton Firm, along with their co-counsel Benedict P. Kuehne, Michael T. Davis, State Representative Joseph S. Geller, and Chris Sautter, filed suit in the Circuit Court for Leon County, Florida in Tallahassee, seeking an order requiring elections officials around the State of Florida to preserve digital ballot images.


Many are unaware that, at the time a Florida voter inserts his or her paper ballot into the voting machine, the machine scans the ballot and creates a digital ballot image. It i's actually that digital ballot image that gets counted -- not the paper ballot. Yet, many Florida counties have decided to delete the digital ballot images, even though the voting machines can easily be set up to preserve them.


The Plaintiffs to the action include the Florida Democratic Party, State Representatives Joseph S. Geller and Geraldine Thompson; State Senator Victor Torres, Jr., and the 2020 Democratic Nominee for Pinellas County Supervisor of Election, Daniel Helm; in addition to other Florida voters.


The suit was filed against Florida Secretary of State Laurel Lee and the Director of the Florida Division of Elections, Maria Matthews, as well as the Supervisors of Elections of Miami-Dade, Broward, Palm Beach, Orange, Hillsborough, Pinellas, Lee, and Duval Counties.


The action is known as Geraldine Thompson, et al. v. Laurel Lee, et al., Case No. 2020 CA 001238.


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