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County Clerk David Barger says he can’t risk losing the case in federal district court

County Clerk David Barger says he can’t risk losing the case in federal district court

Counties in 2 key states delay certifying election results

A map of states where counties have not yet certified election results from Nov. 6, 2012, through the end of February 2013. counties haven’t certified results in counties in Florida and Illinois.


According to a letter that County Clerk David Barger sent Tuesday to the county’s Board of Commissioners, the County Clerk will not certify any results from the Nov. 6 presidential election in this district until a court decides whether Florida’s 2008 redistricting plan improperly discriminated against the Democratic Party.

Barger’s letter states that any pending orders from U.S. District Court Judge Mark Walker in the Florida redistricting case state that the redistricting lines in this Florida county violated the equal protection clause and two state statutes. The county has been ordered by Walker to submit a redistricting plan that comports with the law.

According to Barger, he did not file the redistricting plan with the Florida Department of State. It will not be certified for certification until the court’s order is resolved.

The Board of Commissioners may have to consider whether or not to file a civil suit against the county against Barger under Florida’s open records statute.

“I’m not sure what would happen then, but obviously, I’m under a court order to not certify the results until the court order is resolved,” Barger said Wednesday.

Barger told the commissioners he “can’t risk” losing the case in federal district court, but he also says he’s confident that the federal court will decide the issue.

“I’m confident the judge will decide that on the facts, the law and the process on how this has been interpreted by the state. I’m confident that will be the decision,” he said. “I don’t know what that decision will be, but I strongly believe that judge is going to interpret it correctly.”

In that case, the judge stated he�

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