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Accused Hialeah ballot broker's lawyers: Miami-Dade absentee-ballot ordinance is unconstitutional

A Miami-Dade ordinance outlawing the collection of more than two absentee ballots is unconstitutional, claims a Hialeah man accused of voter fraud.

In court documents filed Wednesday, Sergio “El Tio” Robaina is asking a Miami-Dade judge to throw out two misdemeanor counts of violating the ordinance.

Prosecutors say Robaina illegally collected ballots, and filled out two against the wishes of two voters, one of them a woman with dementia. Robaina insists he was just helping elderly citizens who could not deliver their absentee ballots themselves.

In an effort to crack down on perceived election fraud,

The Miami-Dade County Commission passed the ordinance in 2011, making the possession of more than two absentees ballots a misdemeanor punishable by up to 60 days in jail or a fine of up to $1,000.

“The Miami-Dade Commission has used a sledge hammer to deal with a flea bite,” his lawyers wrote, saying the ordinance violates Robaina’s right to political expression and deprives well-meaning voters of their right to vote.

The long-expected legal move comes after an election season that prominently featured the use of absentee ballots. Miami-Dade voters in Tuesday’s presidential election cast at least 207,000 absentee ballots, a sizeable jump from 177,000 overall cast four years ago.

Elections officials also have blamed the flood of last-minute absentee ballots for long lines at polls Tuesday and delays in tabulating votes.


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Forrest Freedman

The amount of voter fraud in Miami Dade County is astounding. A 30,000 jump in absentee ballots from 2008 says it all. Ballot brokers are profiting by selling votes to the highest bidder!

The Federal Government should step in an take the power of regulating elections for federal candidiates away from the States. States would be free to run their own elections for state officials, but everyone would have to play by the same rules to vote for President, Senators and House memebrs.

Voter fraud is rampant. Nowadays, elections appear to be won or lost by voting changes in a few counties in just a few states. Don't you think that something has to be done to prevent Minnesota Obama camapign workers from crossing into Wisconsin on election day, for the purpose of casting their votes to sway election in another state, because Wisconsin has a same day voter registration law. Their should be one law nationwide where the stakes are so high and where voter fraud has skyrocketed!

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