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Judge schedules hearing on constitutionality of new election

ALSO Florida court: Board has discretion to count partially punched ballots

DOCUMENTS • Fladell v. Palm Beach County Canvassing Board (FindLaw) • Elkin v. LePore (FindLaw) • Rogers v. Election Canvassing Commission of Florida - Temporary Preliminary Injunction (FindLaw) • Horowitz v. LePore (Complaint - Voter class action) (FindLaw) More related documents PDF documents require Adobe Acrobat Reader

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WEST PALM BEACH, Florida (CNN) -- Palm Beach County Judge Jorge Labarga Wednesday scheduled a hearing for 9:30 a.m. Friday on whether it is constitutional to hold a new presidential election in the county.

Attorneys representing voters in the county are seeking the remedy of a new election, saying confusion over the county's so-called butterfly ballot caused them to vote for the wrong candidate. Labarga raised questions about whether a second election would be constitutional, citing a law, which he said, suggests only one presidential election could occur every four years.

Gary Farmer, an attorney representing plaintiffs who say they were confused by the ballot, applauded the judge's decision, saying a revote might prove to be the "ultimate remedy" in the dispute over the county's presidential ballots.

"We believe that this evidence has to be heard," Farmer said. "We're certainly not looking to sandbag anyone."

David Krathen, another attorney for the plaintiffs, said he believes the confusion over the ballots cost votes 11,600 votes in the county.

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