Ned L. Siegel, Georgette Sosa Douglas v. Theresa Lepore, Charles E. Burton

TJOFLAT, Circuit Judge,

dissenting, in which BIRCH and DUBINA, Circuit Judges, join and in which CARNES, Circuit Judge, joins as to Part V. of Judge Tjoflat’s dissent in Touchston v. McDermott:

I dissent. The Florida election scheme at issue is unconstitutional for the reasons set forth in my dissenting opinion in Touchston v. McDermott, No. 00-15985 (11th Cir. Dec. 6, 2000) and by Judge Carnes in his dissenting opinion.

While I concur in the dissenting opinions by my colleagues, Judges Tjoflat, Dubina *1191and Carnes, my concern about the constitutional deprivations alleged in these cases is focused…