Florida: How A Bank Error Led to the Throwing Out of an Election | Brennan Center for Justice

Not to make you nervous, but on September 15 the Florida Supreme Court threw out an election and ordered a new one. The ruling raises a set of interesting questions, such as under what circumstances courts can throw out election results, especially in light of the fact that the U.S. Supreme Court is currently split 4-4 and the pending presidential race. The Florida Supreme Court case was called Wright v. City of Miami Gardens. James Barry Wright had a compelling case. He was a candidate for Mayor of Miami Gardens when he was told that the check he used to pay his candidate filing fee was returned by the bank. Although Wright had ample funds to cover the fee, the bank didn’t cash the check because they could not find the account number listed. Yet other checks written on the same account had cleared. It was a bank error. But that didn’t matter. Wright was struck from the ballot because of the check. And so he sued to get his name back on the ballot. Meanwhile, the election happened without him.

Florida: Democrats sue Florida, challenging key part of mail ballot law | Tampa Bay Times

On the eve of the first huge wave of mail ballots being sent to Florida voters, Democrats filed a federal lawsuit Monday against Gov. Rick Scott’s chief elections official, challenging a law that results in thousands of ballots being discarded each election. The Florida Democratic Party (FDP) and the Democratic National Committee sought an injunction in U.S. District Court in Tallahassee to prevent county canvassing boards from rejecting ballots in cases where the signature of a voter on the mail ballot envelope does not match the same voter’s signature on file. The lawsuit noted that state law has a “cure” mechanism for voters who forget to put a signature on a mail ballot. They can return a signed affidavit to their county elections office confirming their identity. But no such cure exists for cases known as mismatched signatures. Hundreds of them were invalidated across the state in the Aug. 30 primary for that reason, and the number likely will be much larger in November because millions more people will be voting.

Florida: Hackers Used Outside Vendor to Access State Voter Info, Sources Say | ABC

Foreign hackers were able to gain access to voter-related information in four states by targeting not only government systems, but also by breaking into computers associated with private contractors hired to handle voter information, ABC News has learned. As ABC News first reported Thursday, hackers have recently tried to infiltrate voter registration systems in nearly half of the states across the country –- a significantly larger cyber-assault than U.S. officials have been willing to concede. And while officials have publicly admitted Illinois and Arizona had their systems compromised, officials have yet to acknowledge that information related to at least two other states’ voters has also been exposed. Hackers working on behalf of the Russian government are suspected in the onslaught against election-related systems, according to sources with knowledge of the matter.

Florida: A few former felons in Florida regain voting rights weeks before 2016 election | Miami Herald

It took 33 years, but Gilberto Hernandez of Miami finally feels like an American citizen again. He can vote. Hernandez was one of the few fortunate ones Wednesday as Gov. Rick Scott and the Cabinet sat in judgment of four dozen people seeking to restore their civil rights, decades after they ran afoul of the law and weeks before what could be the most important election of their lifetimes. Hernandez, walking with a cane, expressed remorse for his past and pleaded for the right to full citizenship while he still has the chance. He has Parkinson’s disease and will turn 65 next month. “For 33 years, I’ve been waiting for this day, to try to bring back my civil rights,” Hernandez testified. “I felt that I was less than an American because my rights were all taken away. And I felt very bad.” Hernandez is one of 1.5 million disenfranchised felons in Florida, more than any other state, according to a study by the Sentencing Project. Florida revokes civil rights of convicted felons for life, including the right to vote, serve on a jury or run for public office.

Florida: Experts say Scott administration decision blocking McMullin from presidential ballot ‘unfair’ | Politico

The decision by Gov. Rick Scott’s administration to block Evan McMullin’s presidential campaign from the general election ballot seems contrary to past decisions made by his own election officials, and is deemed “unfair” and unenforceable by some ballot access experts. On Aug. 31, the Independent Party of Florida formally filed nominating papers to make McMullin its presidential candidate in Florida. McMullin is a former CIA operative and Republican staffer in the U.S. House of Representatives who was recruited by a group of GOP consultants, including Florida’s Rick Wilson, looking for an alternative to Donald Trump. In a Sept. 7 letter, Division of Elections Director Maria Matthews informed Ernest Bach, chair of the Independent Party of Florida, that its nominee for president could not be on the general election ballot. The department, which is overseen by Scott, said the Independent Party of Florida could not get its nominee placed on the general election because it is not recognized as a “national party” by the Federal Election Commission.

Florida: Amendment to restore voting rights to Florida felons clears key hurdle | Associated Press

Backers of a proposed constitutional amendment that could allow former criminals to vote have met a key hurdle in their quest to make the ballot. State election officials this week reported that amendment supporters have gathered nearly 71,000 signatures from registered voters. This means the initiative will be reviewed by Attorney General Pam Bondi and the Supreme Court of Florida. Florida’s constitution bars people convicted of felonies from being able to vote after they have left prison. Convicted felons must ask the governor and members of the Cabinet to have their voting rights restored.

Florida: E-pollbook Vendor takes responsibility for delaying St. Lucie County election results | TC Palm

A server malfunction — in equipment operated by a private company — resulted in the delay posting primary-election results Tuesday night, the company’s CEO said Thursday. Totals for early and absentee voting didn’t appear on the supervisor of elections website until nearly an hour after the polls closed at 7 p.m. St. Lucie’s problem was part of a domino effect, according to Mindy Perkins, CEO of VR Systems, an online election system-reporting company used by the St. Lucie County Supervisor of Elections Office and about 50 other Florida counties. A VR Systems technician used an incorrect link to allow Broward County Supervisor of Elections to preview results, according to affidavit from Perkins.

Florida: Broward state attorney reviewing how elections office posted results before polls closed | Miami Herald

When Broward County posted election results online before the polls closed Tuesday night, it was the election night screw-up seen around Florida. It is a felony to release results while voters are still casting ballots. Within a couple of hours, a vendor took full responsibility, but a chain of events was already in motion: On Tuesday night, the state elections chief, Ken Detzner, criticized the slip-up as “unacceptable” and called for an investigation — prompting the Broward state attorney to launch a review Wednesday. As the drama was unfolding in a warehouse at the Lauderhill Mall where Broward tabulates results, Supervisor of Elections Brenda Snipes coasted to a landslide victory over her Democratic primary opponent and deferred to the vendor to explain what went down. Despite the election website problems, experts say it’s unlikely that anyone will get charged with a crime.

Florida: Trump campaign chief Steve Bannon is registered voter at vacant Florida home | The Guardian

Donald Trump’s new presidential campaign chief is registered to vote in a key swing state at an empty house where he does not live, in an apparent breach of election laws. Stephen Bannon, the chief executive of Trump’s election campaign, has an active voter registration at the house in Miami-Dade County, Florida, which is vacant and due to be demolished to make way for a new development. “I have emptied the property,” Luis Guevara, the owner of the house, which is in the Coconut Grove section of the city, said in an interview. “Nobody lives there … we are going to make a construction there.” Neighbors said the property had been abandoned for several months. Bannon, 62, formerly rented the house for use by his ex-wife, Diane Clohesy, but did not live there himself. Clohesy, a Tea Party activist, moved out of the house earlier this year and has her own irregular voting registration arrangement. According to public records, Bannon and Clohesy divorced seven years ago.

Florida: Threat of storm has elections officials urging early voting | Palm Beach Post

Palm Beach County elections officials and political candidates Wednesday urged voters to vote early or submit mail-in ballots this week because of the threat of a tropical storm or hurricane affecting South Florida on Election Day. As of a 2 p.m. National Hurricane Center tropical weather outlook, a tropical wave, which would be named Hermine if it gains tropical storm strength, was southeast of Puerto Rico and was given a 80 percent chance of development by Saturday. The hurricane center has said it could affect South Florida between late Saturday and Monday as anything from a tropical disturbance to a hurricane. That would suggest it would be gone by Election Day, and unless it’s caused damage or flooding or knocked out power, Election Day could go on as scheduled, Palm Beach County Supervisor of Elections Susan Bucher said Wednesday afternoon. She said polling machines already have been deployed to the 461 polling locations for the county’s 868 precincts.

Florida: Attorney Wants Supreme Court To Reconsider The Case of the Phantom Write Ins | WFSU

Duval County State Attorney Angela Corey’s reelection bid would have been decided in the August 30 primary because she faced only Republican opposition. When that happens, Florida’s constitution says anyone can vote in the primary. But when local divorce attorney Daniel Leigh qualified as a write in, the primary was closed. It doesn’t matter that Leigh has no intention of running, that he is a Corey contributor, or that Corey’s campaign manager filed his qualifying papers.

Florida: Activists push to restore voting rights to ex-felons in Florida | Orlando Sentinel

Altamonte Springs resident LaShanna Tyson has been invited into the White House, but she can’t help pick the person who lives there. Tyson lost her voting rights back in the late 1990s, when she was convicted as the getaway driver in a deadly convenience store holdup. It was the first crime on her record, and as she served her sentence, she dreamed about one day being reunited with her three children, going back to college and reclaiming her place in society. After 13 years behind bars, she walked out of prison, but the freedom she expected wasn’t waiting for her on the other side. As one of more than 1.6 million Floridians barred from voting because of a felony conviction, she gathered Monday in Orlando with a group of activists and community leaders pushing to overhaul laws that are among the nation’s most restrictive for ex-felons looking to re-enter the polling booth. “There was a system set up to keep me and others like me from getting jobs, from getting housing, from getting second chances, and even from being able to vote,” the 45-year-old woman said.

Florida: Phantom write-in candidates bar more than a million voters from Florida elections | Tampa Bay Times

In his secretive and impossible bid for public office, James Bailey will accomplish only this: He will deprive thousands of residents from voting for their state legislator. Bailey, 28, is a write-in candidate for a state House seat in Vero Beach, a three-hour drive from his home in Clearwater. He’s not campaigning or raising money. He faces possible fines for refusing to file routine campaign paperwork. He won’t answer phone calls and e-mails. Yet his sham candidacy is manipulating the outcome of a race involving four Republicans. Because only one party fielded candidates, the primary should serve as a general election where all voters, not just Republicans, cast ballots. Such a “universal” primary is the intent behind a 1998 constitutional amendment passed by Florida voters to open up one-party contests to the entire electorate.

Florida: Barrage of emails, calls as voting site moved from Boca mosque | Palm Beach Post

The June 29 letter from Harold Ewing might have been the turning point for Palm Beach County Supervisor of Elections Susan Bucher. “We are going to put together a team of protesters and reporters on this if you can’t secure a better location that is not such a controversial place for such disturbing times over Islam and Isis. I am asking you as a Republican and a Christian to find a non-discriminate location,” Ewing wrote. “Looks like this is becoming a bigger problem than I thought,” Bucher, who was on vacation, wrote her chief deputy, Charmaine Kelly. “Can we see if there is anywhere else we can move to?” Kelly replied, “Yes, we will look for a replacement immediately. Lots of angry and extremely vocal voters.” A few days later, Bucher reversed her earlier decision to place Precinct 4170 in the Islamic Center of Boca Raton and moved it from the mosque to Boca Raton’s Spanish River Library.

Florida: Emails shed light on decision to remove mosque from list of polling sites | Sun Sentinel

Palm Beach County’s elections supervisor moved quickly to remove a Boca Raton mosque from a list of polling locations when she sensed voters were upset, according to records released Friday. But when her decision became public, she received even more emails criticizing her for discriminating against Muslims and giving into threats. The emails, released by the elections office in response to a public records request, provide the most comprehensive account yet on what led Supervisor of Elections Susan Bucher to remove the Islamic Center of Boca Raton as a voting site. Complaints from voters started coming in by phone and email in late June, shortly after cards were mailed to voters showing their polling location as the mosque, at 3480 NW Fifth Ave., the emails show.

Florida: People vote in churches and synagogues. Why not a mosque? | Associated Press

Palm Beach County voters have been assigned to polling stations in about 80 Christian churches and five synagogues or Jewish centers this year, along with schools, government buildings and other locations. Until last week, a single mosque was part of this mix. County Elections Supervisor Susan Bucher had invited the Islamic Center of Boca Raton to host a polling site for the Aug. 30 Florida primary and Nov. 8 general elections. Then she disinvited the mosque after an anti-Islamic backlash. She told the center’s president that she received about 50 complaints, including threats of violence, from people who don’t want to vote in a mosque, according to the Council on American-Islamic Relations-Florida. But moving the polling station to a nearby library hasn’t saved Bucher from criticism. U.S. Reps. Ted Deutch and Lois Frankel, both Palm Beach Democrats, issued statements Tuesday night opposing religious discrimination. “If we are going to use places of worship as polling places, we should not discriminate,” Deutch said.

Florida: Mosque is removed as a polling site after complaints and threats | Washington Post

For years, the Islamic Center of Boca Raton, Fla., served as a polling station for Palm Beach County voters. Since at least the year 2010, citizens have cast their votes within the pastel green walls of the mosque, whether it was for a presidential primary, a municipal election or a special primary. Last week, however, the mosque was removed as a polling site. The decision was made by Susan Bucher, Supervisor of Elections for Palm Beach County, after she received complaints, and threats, about the use of the mosque in the upcoming Florida primary in August and general election in November. Bucher, a Democrat, is running for re-election for the nonpartisan supervisor post. “We began receiving complaints from voters,” said Bucher in an email to The Palm Beach Post Editorial Board. “Some felt uncomfortable voting at the Islamic Center.” She had received a call “that indicated individuals planned to impede voting and maybe even call in a bomb threat to have the location evacuated on Election Day,” Bucher said, and she decided to relocate the polling place to the Spanish River Library about two miles away.

Florida: It’s in the mail: First primary ballots headed to overseas voters | Tampa Bay Times

It’s seven weeks before primary election day in Florida, but the first wave of primary ballots is in the mail to voters living or stationed in dozens of countries overseas. By law, those ballots, many headed to active-duty military personnel, must be in the mail by Saturday, July 16, or 45 days before the Aug. 30 election. The counties that generally ship the most overseas and military ballots are Escambia, Okaloosa and Bay in the Florida Panhandle, along with Duval, Brevard and Hillsborough, all with large military installations. In Okaloosa County, the home of Eglin Air Force Base, Supervisor of Elections Paul Lux said Tuesday he mailed 3,600 ballots, and another 1,300 will be sent by Friday to voters who emailed requests to his office. On Lux’s office wall in Crestview is a map (above) dotted with dozens of pins marking the many destinations for his county’s overseas ballots.

Florida: Leon: A county divided by redistricting | Tallahassee Democrat

Leon County is divided. Neighbors in at least seven distinct Tallahassee neighborhoods are split between two Congressional Districts with the lines running straight down the middle of a road, separating neighbors, partitioning some into a Jacksonville-based district and sending others to one anchored by Panama City. It’s part of the fallout from the Fair Districts amendment and a game that politicos have played since before the founding of the republic. The Leon County Supervisor of Elections Office has sent letters and new voter identification cards to more than 115,000 registered voters informing them that they are now part of Congressional District 5, which runs from Gadsden County to Jacksonville — 89,000 voters remain in CD 2. Since March 15, the Leon County Supervisor of Elections Office had to come up with 615 different ballot designs for the Aug 30 primary and move 7,000 voters to different polling locations from the ones they used in the March presidential primary.

Florida: Felons Can’t Vote in Florida but They Can Give to Campaigns | Miami New Times

With Election Day rapidly approaching, Desmond Meade’s calendar has been jam-packed with political rallies and fundraising galas. In the past few months, the Miami native has been part of a handful of panel discussions about reforming the criminal justice system, appeared as a guest on MSNBC, and headed to Washington for the Black Men and Boys Day on Capitol Hill. When Meade doesn’t have his own engagement, he’s on the campaign trail with his wife, Sheena, who is running for Florida House District 46 in Orlando. But come November, he won’t vote for her — or anyone else, for that matter. That’s because Meade is both a felon and a Floridian, two things that disqualify him from casting a ballot. Over the past few years, Meade, a 2014 graduate of Florida International University’s College of Law, has been the face of the cause in Florida, circulating a petition and making media appearances in hopes of restoring voting rights to people who have served their time. The situation is dire — like Meade, nearly a quarter of black adults in the Sunshine State are disenfranchised because of a past felony conviction, according to the Sentencing Project, a criminal justice advocacy group. By now, this phenomenon is common knowledge — break the law, lose the right to vote. But if you’re a felon whose peak earning years have stretched longer than your sentence, there’s another way to influence the political process: with cold, hard cash.

Florida: Judge’s ruling nullifies landslide vote for nonpartisan elections | Orlando Sentinel

Orange County candidates for sheriff, tax collector and the four other constitutional offices would be identified on this year’s ballot as Democrat, Republican or another party affiliation if a judge’s ruling holds. A 2014 ballot measure that earned 71 percent of the vote had changed those contests to nonpartisan races in which a candidate’s party affiliation is not provided on the ballot. But Circuit Judge Keith White, in an oral ruling on Thursday, said the county had no authority to determine how its constitutional officers are elected. That power is preempted by state election code. His decision was viewed as a win by Orange County Property Appraiser Rick Singh, Sheriff Jerry Demings, and Tax Collector Scott Randolph, who had sued to nullify the ballot measure, saying it had misled and confused voters and was motivated by Republican politicians.

Florida: How a security pro’s ill-advised hack of an elections site backfired | Ars Technica

A Florida man has been slapped with felony criminal hacking charges after gaining unauthorized access to poorly secured computer systems belonging to a Florida county elections supervisor. David Michael Levin, 31, of Estero, Florida, was charged with three counts of unauthorized access to a computer, network, or electronic device and released on $15,000 bond, officials with the Florida Department of Law Enforcement said. According to a court document filed last week in Florida’s Lee County and a video it cited as evidence, Levin logged in to the Lee County Elections Office website using the pilfered credentials of Sharon Harrington, the county’s supervisor of elections. Levin, who authorities said is the owner of a security firm called Vanguard Cybersecurity, also allegedly gained access to the website of Florida’s Office of Elections. Levin posted a YouTube video in late January that showed him entering the supervisor’s username and password to gain control of a content management system used to control leeelections.com, which at the time was the official website for the elections office. At no time did anyone from the county authorize Levin to access the site, officials said.

Florida: Man Arrested, Allegedly Failed to Report Website Flaws | Digital Trends

A Florida cybersecurity researcher has been arrested after he allegedly found security vulnerabilities in a local elections website that left usernames and passwords at risk and failed to report the flaws ethically. David Levin, who is the chief technology officer of pen-testing firm Vanguard Cybersecurity, was testing the Lee County elections website for SQL injection vulnerabilities in December. He was reportedly using Havij, a free SQL testing software. Levin claimed that the website was largely unencrypted and he could, if he wished, have stolen personal data that it had stored, including usernames and passwords, according to reports. Levin went on to publish a video online in January with local politician Dan Sinclair, who will be running for supervisor of elections in the county, where they revealed the vulnerabilities. Police subsequently issued a warrant for his arrest on three counts of third-degree felony property crimes. He turned himself in and was later released on $15,000 bail.

Florida: Bogeyman at the ballot box | Miami Herald

Florida has 12 million registered voters, but the only one named Zakee Furqan stands out. The 42-year-old Jacksonville landscaper voted year after year until police received a complaint that he used to be Leon Nelson, who lost his right to vote when he was convicted of second-degree murder. After Furqan left prison, he registered to vote and swore that he was not a felon, records show. Prosecutors tried Furqan on five felony counts of voter fraud, but the case ended in a hung jury in February after six people could not agree that he broke the law. The Furqan case illustrates that cases of voter fraud are not only rare but hard to prove. Yet the illusion of widespread cheating by voters continues to hover over democracy — like a bogeyman at the ballot box. This is, after all, Florida, a place still haunted by the 2000 recount with its hanging chads and headache-inducing “butterfly ballot.”

Florida: Cybersleuth’s hacking of elections websites draws criminal charges | Tampa Bay Times

The young cybersleuth says he exposed security lapses on Florida elections websites, but the state says he committed a crime. David Levin, 31, of Estero, a political consultant and owner of a computer security firm, was booked Wednesday on three felony charges of unauthorized access to computer systems. Each count carries a maximum five-year prison sentence. The Florida Department of Law Enforcement said Levin illegally gained internal access to websites of the state Division of Elections and the Lee County elections office, which together hold data on more than 12 million Florida voters. The FDLE said that after Levin gained access to the Lee County site in December, he used the login credentials of supervisor of elections Sharon Harrington to access the state elections website.

Florida: The South Florida voter-fraud case that went nowhere | Miami Herald

It seemed like the rare, slam-dunk case of voter fraud. Two men stood accused of unlawfully handling four other people’s mail-in ballots in the 2013 Homestead mayoral election, filling at least one of them for precisely the candidates the voter didn’t want to vote for. Miami-Dade County investigators had a palm print and fingerprints, phone records, and suspicious stories from the defendants. What they didn’t count on: lack of cooperation from the voters who were victims of the purported fraud — even though the voters themselves were the ones who initially alerted authorities they had been duped.

Florida: The long, hard road to voting rights continues for Floridian felons | Florida Politics

Desmond Meade, the president of the Florida Rights Restoration Coalition, once stood by a set of train tracks, waiting for the train to come. He intended to step in front of the train when it came. It was only by virtue of the train not coming that day that he didn’t. Instead, he walked over the tracks to the other side and began his life again. Meade, a one-time drug addict and convict, graduated law school in 2014. In his role with the FRRC, he’s devoted his energy to helping felons get the right to vote in Florida, which they currently do not have. He attempted to get a ballot initiative, the Florida Voting Rights Restoration for Felons Initiative, on the 2016 ballot to allow felons to vote, but was unable to get the required number of signatures in time. On Friday, Meade traveled to Washington D.C. to deliver a speech for the Black Youth Vote! event put on by the Florida Coalition on Black Civic Participation, in which he hoped to inspire young people to vote.

Florida: Rep. Corrine Brown appeals to U.S. Supreme Court | News Service of Florida

When the Florida Supreme Court considered a dramatic change to the shape of Democratic Congresswoman Corrine Brown’s district last year, she promised to “go all the way to the United States Supreme Court” if necessary to preserve her electoral territory. Brown has made good on her promise. On Monday, the 12-term congresswoman appealed to the nation’s highest court in an effort to unwind a plan to rotate her district from a north-south orientation that includes her power bases of Jacksonville and Orlando to an east-west seat that stretches from Jacksonville to Gadsden County, carving up Tallahassee along the way.

Florida: Court rejects bid to throw out Florida congressional map | Associated Press

Florida’s long, twisted legal drama over its congressional districts may finally be reaching its end after a panel on federal judges on Monday rejected a push by U.S. Rep. Corrine Brown to throw out the current district boundaries.n Brown, a veteran member of Congress, argued that the current map, which dramatically altered her Jacksonville district, violates federal voting laws because it diluted the voting rights of minorities. But the panel of three judges disagreed sharply and said that Brown and her attorneys had not produced evidence to prove her case. Brown, who had previously vowed to keep up the fight as long as she could, said in a brief statement that she was “extremely disappointed” and is reviewing the ruling with her attorneys. Any appeal, however, would go directly to the U.S. Supreme Court since a three-judge panel handled the initial decision. The decision could have immediate reverberations because the new map upends the state’s political landscape and could lead to the defeat of several incumbents. The current map was approved by the state Supreme Court in December after a lengthy battle.

Florida: Rep. Brown considers options after redistricting setback | Orlando Sentinel

Florida’s 27 congressional districts drawn by state courts will remain intact, after a federal appeals court upheld the new maps in a ruling issued late Monday. The ruling is another setback for U.S. Rep. Corrine Brown, D-Jacksonville, and her quest to hold onto her seat. State courts affirmed a redrawing of districts in January after a lawsuit brought by voters groups claimed that Republican state lawmakers packed too many black voters into her current district, which snakes down from Jacksonville into Orlando. The new district runs from Jacksonville west into Tallahassee.