Allen West, Patrick Murphy race update: Judge denies motion to impound voting machines, ballots

Ruling affects Palm Beach County

Rep._Allen_West_20121003065102_640_480_20121108114809_JPG

Allen West 
Photographer: Getty Images
Copyright Getty Images

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Posted: 11/09/2012

Circuit Court Judge David F. Crow denied Allen West's motion for injunction to impound voting machines and paper ballots in Palm Beach County.

Crow said West's motion "fell woefully short of what's required" and said the Legislature is in charge of election laws, while the courts are meant to interpret them.

Crow said there was no evidence any statute had been breached.

A row of lawyers representing Patrick Murphy, West and the Palm Beach County supervisor of elections were on hand.

Gerald Richman, a lawyer for Murphy, said West's complaint was "full of sound and fury signifying nothing," claiming the vote counting process already had total transparency.

Asked whether there would be an appeal, West attorney Shari McCartney said they were "thrilled with the response today."

"We sought today assurances from the court and indeed from the defendant that all the policies and procedures and the statutes would be adhered to, that we'd follow the law," McCartney said. "It would be transparent, it would be done with integrity. We got that. We're thrilled."

Richman said West's injunction request essentially asks elections officials to "follow the law."

I think this was basically, I hate to say it, but kind of a political stunt because there was nothing here," Richman said after the hearing. "They had no evidence. They had no basis. There's no basis in law; in fact, he's basically asking the judge to legislate from the bench, which Republicans don't want judges to do."

Copyright 2012 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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