TALLAHASSEE, Fla. -- A lawsuit challenging voter approval of an amendment that would have allowed slot machines in South Florida has been restored.

The appellate court ruled 2-1 Wednesday that a favorable popular vote does not automatically validate a defective constitutional amendment except for minor, technical defects.

The Humane Society of the United States and a greyhound protection organization alleged in the lawsuit that slot backers submitted thousands of forged signatures -- including dozens of names of dead people -- in a petition campaign that put the measure on the 2004 ballot.

The appellate judges sent the case back to a Tallahassee circuit judge for a trial to determine if the amendment's sponsors submitted a sufficient number of valid signatures to qualify for the ballot.

Voters in Miami-Dade and Broward counties, in separate referendums, were allowed to decide whether to allow slot machine gambling at racetracks and jai-alai frontons.

Broward voters approved the amendment. Miami-Dade voters rejected the amendment.

The court ruling opens a new door for those who want to keep slot machines out of Broward County.

The Florida First District Court of Appeal ordered that a trial be held involving how a state constitutional amendment permitting slot machine gambling in two South Florida counties got on the ballot.

The judges said if fraud is found, "the trial court should declare the slots initiative invalid."