Court allows Fla. voting suit

Text of Appeals Court ruling

A federal appeals court has reinstated a lawsuit that challenges Florida's use of electronic voting machines that lack paper trails.

The 11th Circuit Court of Appeals sent the suit, filed by Rep. Robert Wexler (D-Fla.) and other officials, back to the lower court that had dismissed it.

Fifteen Florida counties use voting machines that make a manual recount impossible, while the state's 52 remaining counties use voting systems that enable recounts.

The suit alleges that the electronic systems violate constitutional protections of due process and equal protection of legal rights. A lower court had thrown out the suit, saying judicial intervention could interfere with state sovereignty.

The appeals court's decision means that the case must be reheard at the lower level, but only 35 days remain before the Nov. 2 election.