In a blow to freshman Republican Allen West, a Florida judge
denied his motion to impound ballots and voting machines, citing West’s motion
as “entirely premature” and that the court had no authority to overrule
election procedures which are in place and being followed.
Palm Beach Circuit Judge David Crow said, “The law is clear:
The manner and method of conducting an election, the process of recounting
ballots, the process of contesting an election is specifically a legislative
function. Courts should not get involved in the election process.”
Attorneys for the county argued that to grant West’s motion
would be “an invitation to chaos” and would “throw the entire system in
disarray,” setting precedent for such action before an election is even
While West’s challenger Patrick Murphy claimed victory and
began a three day tour thanking supporters, his attorney Gerald Richman said,
“I think this is basically — I hate to say it — but a kind of a political
stunt. There was nothing here. They had no evidence. They had no basis. There’s
no basis in law and fact.”
West’s attorney Shari McCarthy said, “We sought today
assurances from the court and, indeed, from the defendants, that all the
policies and procedures and the statutes would be adhered to, that we’d follow
the law, it would be transparent, it would be done with integrity. We got that.
McCarthy says the ruling will not be appealed. However that
does not mean that upon certification that West could not go to court.