Judge will not A judge denied yesterday a temporary restraining order to block the tabulation of votes in next week's election on a proposed constitutional amendment to allow prosecutors a third process in bringing felony charges against a suspect.
stop ballot count
on amendment
Material sent to voters on the proposal
is misleading, a suit saysBy Bruce Dunford
Associated PressCircuit Judge Dexter Del Rosario, however, directed election officials to continue the daily newspaper publication of the full text of the proposed amendment over the next four days and to post it prominently at the polls.
American Civil Liberties Union attorneys for two voters who filed a lawsuit challenging the amendment process argued the votes should not be tabulated because the state's voter information on the ballot question is erroneous.
They also contend the state failed to meet specific constitutional requirements on public notice with details about proposed amendments going to the voters.
The amendment would allow prosecutors to submit documents directly to a judge to determine if there is sufficient evidence for a trial instead having to go through a preliminary hearing or grand jury proceeding.
In denying the injunction, Del Rosario said it is uncertain the plaintiffs would prevail on the merits of their argument, and they had not shown irreparable harm if he allows the vote to proceed. He said for him to interfere with the election would have been "extraordinary."
ACLU attorney Brent White said if voters approve the amendment, there will be a challenge to the results.
Deputy Attorney General Charlene Aina argued against the injunction, saying the plaintiffs are making the assumption that voters are totally influenced by the voter information materials prepared by the Legislative Reference Bureau.
The lawsuit contends the state's voter information materials on the amendment falsely imply that the Legislature approved a procedure that protects the rights of the accused under the new system of filing charges.
