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Judge OKs Internet Primary

A federal judge ruled Tuesday that Arizona Democrats may use the Internet to cast ballots in their March 11 presidential primary.

U.S. District Judge Paul Rosenblatt called the planned voting a turning point in Arizona primaries representing the first such election of its kind of which he was aware.

"I think this decision had to come about sometime," he said. "It was important that they have it."

The Virginia-based Voting Integrity Project had sued the Arizona Democratic Party to stop the online vote, the first binding public office election to use the Internet.

The group contended affluent whites would have greater access to computers and the Internet and would dilute the minority vote.

Rosenblatt refused to dismiss the lawsuit, however, saying serious questions as to the so-called digital divide remain.

Plaintiffs said they will appeal Rosenblatt's decision against granting a preliminary injunction, in effect meaning the vote could go ahead. A quick ruling was needed so voters could meet a March 1 deadline for requesting mail ballots if they chose to do so rather thn voting online or in person.

"What you're doing is creating a system which is creating an inequality," Manuel Avalos, an associate professor at Arizona State University West, testified during Tuesday's court hearing.

Avalos said the number of whites who have Internet access far surpasses the number of Hispanics with access.

Some minorityleqders testified the debate over the Internet balloting has increased opportunities for members of their communities to vote.

And Marty Harper, an attorney for the party, argued the party's goal is not to exclude anyone from voting but to continue exploring ways to raise the number of participating registered voters.

Democratic leaders noted voters would still have the opportunity to use mail-in ballots and traditional polling places to vote for either Vice President Al Gore or former New Jersey Sen. Bill Bradley.

The Democrats received approval from the U.S. Justice Department last Thursday to proceed with the Internet election.

Arizona is one of 16 states where the federal government must approve any changes in election rules because of past violations of the Voting Rights Act.

Democrats planned to set up 125 polling places where voters could fill out traditional paper ballots or use a computer terminal to vote on-line.

Democrats may vote from home, work or any other remote location on the party's Web site from March 7 to March 10 using a personal identification code the party previously sent to registered Democrats.

The party expects 25,000 to 40,000 people to vote in the party-run primary.

© 2000 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed

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