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Judge Holds Ruling On Suit Over Early Voting Cut Back

MIAMI-DADE (CBS4) – An attorney for a Miami-Dade Mayoral candidate made his case before a judge Thursday morning as to why early voting hours should be restored for this Sunday.

At the end of the hearing, Miami-Dade Judge Barbara Areces said she would reserve her ruling until Marcello Llorente's lawyer, former state Rep. J.C. Planas, could provide additional documents to back up his claims that cancellation of Sunday violated the "spirit" of the law, according to CBS4 news partner The Miami Herald.

According to an attorney for the county's elections department, early voting hours for Sunday May 22nd were canceled in anticipation of Governor Rick Scott signing a bill which shortens the early voting period.

"We are shocked that in court earlier today Miami-Dade County government officials state it voluntarily cancelled early voting on Sunday because it is their prerogative to do so," Llorente said in a statement. "Once again, the County chose not to side with its residents."

In a memo provided in the lawsuit, Miami-Dade County manager Alina Hudak laid out the county's plan to cancel the Sunday early voting. But the law only applies to races at the state or federal level.

Click here to read the entire lawsuit.

Hudak said in her memo that since the race for State Representative, District 110 is on the special election ballot, the new law must be applied to the special election ballot.

Llorente claims the new rules should not apply to this Special Election since the voting started under the current law.

He wants the court to force the county to reinstate early voting for Sunday and wants the court to stop the Florida Secretary of State from implementing any election law changes for the Miami-Dade County special election for Mayor.

But Thursday afternoon, there was a curveball thrown into the fight. Governor Rick Scott signed HB 1355, the election changes bill, into law. That means the court now has to weigh how the new law applies to Llorente's lawsuit and Miami-Dade's action.

(©2011 CBS Local Media, a division of CBS Radio Inc. All rights reserved.  This material may not be published, broadcast, rewritten, or redistributed. CBS4 news partner The Miami Herald contributed material for this report)

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