Florida: Lawmakers to Redraw Congressional Maps but on Their Own Terms | McClatchy

Florida legislators indicated Monday that they will meet in special session this week to make the court-ordered repairs to two congressional districts in North and Central Florida but they will not accept holding special elections this year to put them in place. In a joint email to legislators, House Speaker Will Weatherford and Senate President Don Gaetz said they “continue to maintain our strong objection to any attempt to disrupt the current election process.” But they also laid out the schedule for the special session they are convening on Thursday in response to an Aug. 15 deadline imposed on them by Leon County Circuit Judge Terry Lewis. Lewis ordered lawmakers to revise their congressional redistricting map to fix two districts he had previously ruled unconstitutional, those held by U.S. Reps. Corrine Brown, D-Jacksonville and Dan Webster, R-Winter Garden. He wants the Legislature to fix the map to make Brown’s snake-shaped district more compact and to remove an appendage in Webster’s Central Florida-based district intended to give Republicans an advantage.

Florida: Legislature plans quick fix for districts | Associated Press

The Republican-controlled Florida Legislature laid out plans Monday to move ahead quickly and make minimal changes to congressional districts declared illegal by a state judge. Florida legislators will hold a nine-day special session starting on Thursday to redraw the state’s 27 congressional districts. Circuit Judge Terry Lewis had given legislators until Aug. 15 to draw up a new map that may be used for a special election later this year. Senate President Don Gaetz said that it was the goal of legislative leaders to “move forward without delay to remedy the boundaries of the two congressional districts” cited by Lewis in his July ruling. Lewis ruled that the districts were drawn to benefit Republicans in violation of the “Fair Districts” standards adopted by voters four years earlier. The two districts are a sprawling district held by U.S. Rep. Corrine Brown that stretches from Jacksonville to Orlando and a central Florida district held by U.S. Rep. Dan Webster. “Because the court held intact 25 of the state’s 27 congressional districts as the Legislature drew them, I believe we can and should meet the court’s requirements with minimal impact on the rest of the state,” Gaetz said in a statement.

Florida: Legislators plan to return for redistricting session on Thursday | Miami Herald

Facing an Aug. 15 deadline, Florida legislative leaders will announce Monday that they will bring lawmakers back for a week-long special session on Thursday, Aug. 7, to revise the congressional redistricting map declared invalid by a judge. Circuit Court Judge Terry Lewis on Friday ordered lawmakers to revise their congressional redistricting map to fix two districts he had previously ordered unconstitutional, those held by U.S. Reps. Corrine Brown, D-Jacksonville and Dan Webster, R-Winter Garden. Lewis gave the Legislature until Aug. 15 to fix the map, an action that requires a special session of the Legislature and an abrupt halt to their summer vacations and primary campaigning. Lewis also said he was considering calling a special election after Nov. 4 for the affected districts and he called for an Aug. 20 hearing to decide how to go forward.

Florida: Judge takes on gerrymandering; sets stage for Supreme Court cases in fall | The Washington Post

About 10 years ago, the justices of the Supreme Court took a good, hard look at the way politicians bend, tweak and manipulate electoral boundaries in order to protect themselves and punish their enemies — and threw in the towel. The Constitution, Justice Antonin Scalia wrote for a plurality in Vieth v. Jubelirer , does not provide “a judicially enforceable limit on the political considerations that the states and Congress may take into account when districting.” In other words, politics is politics. It’s the court’s duty to decide what the law is, Scalia said, but sometimes the answer is that it is none of the court’s business. Scalia acknowledged that the Supreme Court had previously ruled otherwise. But “18 years of essentially pointless litigation” had convinced Scalia and others on the court that it was impossible to come up with a test to decide when partisan gerrymandering amounted to a constitutional violation. The political parties have been running through that green light ever since.

Florida: Judge calls for special election and immediate revamp of congressional map | Miami Herald

Circuit Court Judge Terry Lewis ruled Friday that the Florida Legislature must immediately revise its flawed congressional map and gave it until Aug. 15 to submit a revised  map and ordered the state to propose a special election for the affected congressional districts. The  practical effect is that lawmakers will have to schedule a special session to approve the new maps before the court’s deadline, or they could appeal his ruling and ask a higher court to stay the ruling. Lewis agreed with the Legislature’s lawyers and concluded “there is just no way, legally or logistically, to put in place a new map, amend the various deadlines and have elections on November 4th as prescribed by Federal law.” Lewis acknowledged that there is no easy solution but suggested “it might be possible to push the general election date back to allow for a special election in 2014 for any affected districts.”

Florida: Groups argue State must hold statewide election if interim maps not approved | Associated Press

If a judge does not approve an interim map of Florida’s congressional seats to replace one that has been deemed unconstitutional, officials could be forced to allow voters from across the state to choose candidates for two congressional seats, the coalition challenging the current districts said Tuesday. The League of Women Voters and other groups filed court papers arguing that if new districts are not approved this year, then federal law requires at-large elections for the seats added in 2012. Florida went from 25 to 27 seats after the 2010 census. The groups acknowledged, however, that statewide elections for congressional seats are not very realistic. Instead, they urged Lewis to allow groups on both sides of the lawsuit to submit remedial maps that could be reviewed objectively by an independent expert. They repeated their suggestion that Lewis could push back the date of the Aug. 26 primary in order to have time to put a new map in place.

Florida: “Restroom row” in Miami is the latest attempt to make it harder for minorities to vote |New Statesman

It started off as a routine inquiry from a disability rights group in Miami over access to polling stations during an election. What followed was an angry dispute in which election officials were accused of trying to discourage voters from exercising their democratic rights. The “restroom row” in Miami-Dade county is symptomatic of a raft of political and legal battles being carried out across the country as states across the US pass new laws making it harder to vote. These laws are being challenged by critics who say they are aimed primarily at the poor, blacks and Hispanics who are more likely to vote Democrat. …  The latest spat started when Marc Dubin, Director of Advocacy at the Center for Independent Living of South Florida, asked for disabled toilets to be made available at all polling stations. “I was not looking at it from the point of voter suppression, but from the point of view of voters with special needs,” he said. At the best of times Miami’s swamp-like climate is pretty uncomfortable and during the 2012 election, people were queuing for as long as six hours to cast a vote. To put it mildly, he was rather surprised at the email he received from John Mendez, Miami-Dade’s Deputy Election Supervisor.

Florida: Judge doubts Florida election maps can be fixed by November | Reuters

A judge who ruled Florida’s new congressional districts were unconstitutional earlier this month expressed doubt Thursday that he can postpone next month’s primary election for a quick fix of the political boundaries. Circuit Judge Terry Lewis said he will rule by the end of next week on a request by the Republican-run legislature to proceed with the 2014 elections, using the flawed district lines. Lawyers for the League of Women Voters and a coalition of Florida citizens argued that there is still time to realign the districts. The judge ordered two districts redrawn because they were designed to benefit incumbents. Those districts are held by U.S. Representatives Corrine Brown of Jacksonville and Daniel Webster of Orlando.

Florida: Judge ‘skeptical’ he can delay election with unconstitutional map | Orlando Sentinel

Facing a looming electoral deadline, a judge said Thursday he was “extremely skeptical” he could delay elections this fall using Central Florida’s illegally drawn congressional maps. Instead, Leon County Circuit Judge Terry Lewis said he would make a decision by the end of next week on what to do now that he has found they unconstitutionally were drawn with partisan intent. Lewis ruled earlier this month that the Florida Legislature’s congressional map violated the 2010 anti-gerrymandering reforms voter passed, thanks to evidence presented at trial that a handful of GOP political operatives had gamed the system to get more favorable maps submitted to the Legislature. But now that ruling is running into the realities of the political calendar. With a primary slated for next month, thousands of absentee and overseas ballots already mailed, and a slate of candidates already lined up, lawyers for the Legislature and county election supervisors said unhinging that process now would cause chaos.

Florida: Groups ask to move Florida election, draw new map | Miami Herald

A Florida judge is being asked to move this year’s election dates — including postponing next month’s primary — in order to draw up new congressional districts for the state. The request was filed Wednesday by a coalition of groups, including the League of Women Voters, who successfully challenged Florida’s current congressional map. Circuit Judge Terry Lewis ruled earlier this month that the state Legislature illegally drew the districts in 2012 to primarily benefit the Republican Party. Florida legislative leaders have said they will change the districts, but they want to wait until after the November elections to avoid disruption and problems at the polls. More than 1 million absentee ballots for the Aug. 26 primary went out this week.

Florida: Redistricting clash heats up as hearing approaches | Florida Today

The coalition, which includes organizations like the League of Women Voters of Florida, asked Lewis to either go ahead with the November elections after drawing a new map or delay the elections until December. If the November elections are held under the existing map, the state should hold a separate, special election as soon as March to choose members of Congress under new lines, the groups said. They also asked Lewis to draw a new map instead of allowing the Legislature to do it. “The citizens of Florida have already endured elections under gerrymandered districts after the Legislature blatantly disregarded their will,” the groups’ lawyers said in a filing. “Legislative defendants have expended considerable taxpayer money to resist public scrutiny and defend their unconstitutional conduct. Florida?s voters should not have to wait for two more years for constitutional elections, and they certainly should not have to sit by as legislative defendants risk additional elections under an invalid congressional plan.”

Florida: Election Issue Likely Headed To Florida Supreme Court | Daily Business Review

Ronald Bray submitted all the required paperwork to qualify as a write-in candidate on the Nov. 4 general election for the seat of state House District 96. Two candidates from the Democratic Party qualified to have their names printed on the ballot. Article VI, §5(b) of the Florida Constitution provides that primaries are open to all voters regardless of party affiliation where the winner of the primary “will have no opposition in the general election.” In the Fourth District Court of Appeal, any opposition, even write-in candidates, precludes the application of the clause, and keeps the primary closed. Telli v. Snipes, 98 So.3d 1284 (Fla. 4th DCA 2012). Bray, as a write-in candidate, is the only opposition candidate for the general election for House District 96. Because Bray is an opposition candidate, the Democratic primary in the district was going to be held as a closed primary.

Florida: Election law could keep some voters away in primary | WBBH

A Florida election law could keep some voters from deciding certain races in the upcoming primary election. Sixteen years ago Florida voters approved an amendment to the state constitution.  It states when there’s a write-in candidate, it automatically closes the election to voters who are not registered to that specific party. Some feel that excludes them from having a say in the process. “Certainly it does need to be addressed. To me it’s not a democrat or republican issue.  It gives the impression of impropriety,” said Fort Myers voter Richard Schaffer.

Florida: Legislature asks judge to delay new map | Associated Press

A Florida judge was told Thursday that there is no practical way to redraw the state’s congressional districts before this year’s elections. Circuit Judge Terry Lewis held a hearing Thursday to consider what steps to take since ruling that the current congressional map is unconstitutional because two districts were drawn to benefit the Republican Party. Republican legislative leaders announced this week that they do not plan to appeal the ruling but they want Lewis to let them redraw districts after the November elections. Lawyers for the state Legislature, as well the state’s election supervisors and the state office that oversees elections told Lewis that voting has already begun in the state’s Aug. 26 primary.

Florida: Legislature agrees to redraw invalid congressional districts — for 2016 | Miami Herald

Florida legislative leaders ended their silence on their rejected congressional map Tuesday and announced they will not appeal a judge’s ruling, but will redraw the invalid map, as long as they can wait until after the 2014 election. House Speaker Will Weatherford and Senate President Don Gaetz asked Judge Terry Lewis to clarify his ruling about the timing of the revisions he is ordering when he ruled that two districts violate the Fair Districts standards of the state constitution, rendering the entire map invalid. Lewis scheduled a hearing on the case for Thursday. Weatherford, R-Wesley Chapel, and Gaetz, R-Niceville, said Tuesday that revising the districts in the midst of a campaign season — after ballots have been printed and campaigns launched — would be impractical and disruptive. Elections officials sent overseas absentee ballots by Saturday, before lawmakers announced the decision not to challenge the maps.

Florida: State says it will change its congressional districts after judge said violate state law. But after the election.| The Washington Post

Florida lawmakers are asking for a few more years to fix their legislative boundaries after a judge said they violate the state’s redistricting guidelines. (The Washington Post’s Sean Sullivan posted on it here.) Circuit Court Judge Terry Lewis ruled last week that two of Florida’s 2014 district boundaries need to be redrawn because a “secret, organized campaign” by political consultants influenced the process, according to the Miami Herald. The consultants “made a mockery of the Legislature’s transparent and open process of redistricting” and went to “great lengths to conceal from the public their plan and their participation in it,” Lewis wrote in his 41-page ruling.

Florida: G.O.P. Seeks Delay on New Districts | New York Times

Two top Republican leaders in Florida announced Tuesday that the Legislature would redraw the boundaries for the two congressional seats that a judge ruled unconstitutional, but they said they did not want the map to take effect until the 2016 elections. In agreeing, for the moment, not to appeal Thursday’s state court decision, Will Weatherford, the State House speaker, and Don Gaetz, the State Senate president, are hoping to persuade the judge that the 2014 elections would be thrown into “chaos” if the process was rushed. The Legislature’s decision surprised analysts and lawyers who expected a protracted legal fight. Still, the possibility of an appeal remains, depending on the judge’s decision.

Florida: Politicos Ponder Fallout From Redistricting Ruling | WJCT

Members of Congress, candidates and political observers are grappling with the fallout of a judge’s Thursday ruling that two of the state’s congressional districts were illegally drawn for partisan reasons. Lawyers on Friday were preparing to ask Leon County Circuit Court Judge Terry Lewis to move quickly to prescribe a remedy for the flawed map. Meanwhile, Democratic Congresswoman Corrine Brown blasted Lewis’s decision, while a former congressman blamed the ruling after pulling the plug on a comeback attempt. While Lewis declared that the GOP-dominated Legislature’s maps were unconstitutional under the state’s anti-gerrymandering standards approved by voters in 2010, he did not specifically lay out a fix for the districts. He could redraw the lines himself or order lawmakers to do it.

Florida: Ruling That Rejects 2 Districts’ Borders Casts Haze Over Coming Elections | New York Times

After political operatives helped redraw the boundaries of Florida’s Fifth Congressional District, now held by Representative Corrine Brown, a Democrat, it snaked all the way from Jacksonville to Orlando, packing in more Democrats, but also benefiting Republicans in nearby districts. In a similar process in the 10th District, in the Orlando suburb of Winter Garden, an “appendage” was tacked on benefiting the incumbent, Representative Daniel Webster, a Republican. On Thursday night in a scathing decision, a state court judge tossed aside those district lines, saying they “made a mockery” of a voter-approved amendment meant to inject fairness into a process that has long been politically tainted. But Judge Terry P. Lewis’s blistering attack offered no remedy or timetable for fixing the boundaries. With Florida’s primary election only six weeks away, it is unclear whether voters will cast ballots on Aug. 26 and then on Nov. 4 based on a map that a judge has declared unconstitutional — or whether changes, if they withstand appeal, will be postponed until 2016.

Florida: Redistricting ruling could mean big change, or status quo | Miami Herald

The court ruling that invalidated Florida’s congressional districts this week will give voters in November’s elections something they are used to: uncertainty. Leon County Circuit Court Judge Terry Lewis rejected the Legislature’s 2012 congressional map and specifically ordered two of the state’s 27 districts redrawn to comply with the state’s Fair Districts constitutional amendment. U.S. Rep. Corrine Brown, a Jacksonville Democrat, should see her sprawling district become more compact and follow traditional political boundaries, Lewis ruled. And U.S. Rep. Dan Webster, a Winter Garden Republican, should have his Orlando-based district revamped to eliminate the partisan advantage that came when lawmakers swapped out Hispanic Democrats for white Republicans. Among the harsh criticism Lewis directed at the Republican-controlled Legislature was that they allowed “improper partisan intent” to infiltrate the redistricting process and seemingly ignored evidence that partisan political operatives were “making a mockery” out of their attempts to conduct themselves with transparency.

Florida: Judge throws out Florida’s congressional map | Miami Herald

A judge threw out Florida’s congressional redistricting map Thursday, ruling that the Legislature allowed for a “secret, organized campaign” by partisan operatives to subvert the redistricting process in violation of the state Constitution. Leon County Circuit Court Judge Terry Lewis ruled that two of the state’s 27 districts are invalid and must be redrawn, along with any other districts affected by them, to bring the map into compliance with the state’s new Fair District amendments. The 41-page ruling, issued late Thursday, invalidates the entire congressional map and raises questions now about whether the map will be redrawn before the November elections or revised later. The case, brought by a coalition led by the League of Women Voters, is expected to be appealed and ultimately decided by the Florida Supreme Court.

Florida: Redistricting trial exposes political dirty laundry | Miami Herald

Every 10 years after a census, political lines are redrawn nationally to reapportion congressional seats based on population. Growing states, like Florida, may pick up a congressional seat or two at a cost to other states. Such was the case in 2012. In Florida, the Legislature draws the lines for its own districts as well as those for the growing congressional delegation. While we would like to believe these lines would be drawn fairly and without regard to protecting incumbents, rewarding favorites and growing representation by the majority party, there’s reason to question the outcomes of previous efforts under both parties. Attempts to move redistricting responsibility from the hands of legislators to independent or bipartisan committees, as in seven other states, haven’t gained traction. Frustrated by what they viewed as an incestuous arrangement, citizens and voting-rights groups, including the League of Women Voters, led the effort to place a pair of constitutional amendments on the ballot for voters to consider.

Florida: Trey Radel passes $1.5 million bill to voters for special election | WFTX

He may no longer be in Congress, but Trey Radel may still pass one more bill for the voters of Southwest Florida. The special election to replace Radel, who resigned for his cocaine scandal, is costing you the taxpayer more than $1.5 (m). Lee County Supervisor of Elections, Sharron Harrington, says she could have saved the taxpayers money if the state legislature would consider some new ideas. Harrington wants to have the option to do “mail only” for special and municipal elections. Trey Radel’s resignation will cost the voters of Southwest Florida one million dollars, according to Harrington. Collier County had to shell out another $500,000 to cover their expenses.

Florida: What’s Missing Matters in Redistricting Trial | Sunshine State News

As Leon County Circuit Judge Terry Lewis begins his final deliberations on congressional districts drawn by lawmakers in 2012, the gaps in conversations among lawmakers and political consultants might be as important as what’s in the record. Groups challenging the map have painted the words not committed to paper, and documents destroyed by the Legislature, as evidence of improper activity. The state has countered that there’s no proof that those gaps contain any damning information. A coalition of voting-rights groups filed a lawsuit after the once-a-decade redistricting process in 2012, saying the new map ran afoul of the anti-gerrymandering Fair Districts amendments that voters approved two years earlier.

Florida: Seattle man admits to voter fraud, intimidation in Palm Beach County | WPTV

Justice will soon be served for hundreds of Florida voters, after a man from Washington state admitted that he tried to keep local Republicans from turning out in the 2012 presidential election. That man could soon be headed to prison. State and federal agencies first started looking into possible voter fraud in Palm Beach County in the fall of 2012. Investigators say Bob Hiering of Delray Beach, a Republican, was one of the targets. “When I got that letter, I was like ‘Are you kidding me?’,” he said of a letter received just before the 2012 presidential election – with a postmark from Seattle, Washington. “I got a letter in the mail questioning my citizenship and my ability to vote,” said Hiering.

Florida: Voting-rights groups blast Legislature for secrecy, favoritism in drawing congressional districts | Florida Times-Union

A state judge has the power to decide that Florida’s congressional districts were illegally drawn to favor Republicans — and he should do just that, a coalition of voting-rights organizations argues in written closing arguments. In arguing that the districts violate a voter-approved Constitutional amendment specifically prohibiting such political favoritism, the plaintiffs fired a volley of salvos following 12 days of testimony in a landmark trial. “The 2012 congressional plan is exactly what one would expect from a legislature that fought the Fair Districts amendments at every hedgerow, involved partisan operatives in its decision-making, and made key decisions outside of the public eye,” the plaintiffs wrote to Circuit Judge Terry Lewis.

Florida: Voting-rights group makes final pitch in redistricting case | News Service of Florida

A Leon County judge should throw out the state’s current congressional districts as illegal because they were drawn as part of a secret process that favored Republicans, according to new filings from a coalition of voting-rights organizations opposed to the map. In a brief and a proposed ruling for Circuit Judge Terry Lewis to consider, the plaintiffs in a trial that ended last week tried to tie together the threads of 12 days of testimony about congressional districts approved by the Legislature in 2012 as part of the once-a-decade redistricting process. The brief, in particular, is meant to substitute for closing statements that were canceled because of a scheduling issue.

Florida: Hispanic Officials Call For More Protection Against Voter Discrimination | CBS Miami

Hispanic elected officials have called on Florida’s congressional delegation to start moving the Voting Rights Act Amendment of 2014 through the U.S. House of Representatives. In a conference call on Monday, members of the National Association of Latino Elected and Appointed Officials (NALEO) said voter discrimination is a fact of life for Hispanics in Florida. Luz Urbaez Weinberg, an Aventura city commissioner, said that since last June, when the U.S. Supreme Court invalidated a key section of the Voting Rights Act, it’s been “hunting season” on voter protection.

Florida: State may be forced to redraw political districts before midterms | Washington Post

A redistricting battle that has gripped Florida for more than a year could force Republican leaders to redraw the state’s political boundaries just months ahead of the midterm elections. Several of the state’s Republican-drawn congressional districts – which one political scientist described as the most skewed he has ever studied – have come under attack by voting rights groups that allege the maps unfairly favor GOP candidates. That coalition, led by the League of Women’s Voters, has argued that Republican legislators and staffers collaborated with political consultants to create the maps, which were approved by Gov. Rick Scott in 2011. The case is being heard now in Leon County Circuit Court after the League filed a lawsuit alleging that the districts violate Florida’s “Fair Districts” law, which was approved by more than 60 percent of voters in 2010. If the lawsuit succeeds, the borders will have to be redrawn before the midterm elections this fall.

Florida: Ordered to Unseal Secret Redistricting Documents, a GOP Operative Seeks High Court Intervention | FlaglerLive

A Republican consultant trying to keep hundreds of pages of redistricting-related documents secret is asking the U.S. Supreme Court to halt the release of the records in the latest twist in a legal battle over Florida’s congressional districts. Pat Bainter on Wednesday asked U.S. Supreme Court Justice Clarence Thomas to issue an emergency stay blocking an order by the Florida Supreme Court less than 24 hours earlier that granted permission for the documents to be used in an ongoing trial challenging the constitutionality of the congressional map approved by the Legislature in 2012. Bainter argues that the 538 pages of “confidential material” contain “protected political speech — internal deliberations and strategy, and the names and contact information for like-minded individuals who wish to remain anonymous,” according to documents filed with the U.S. Supreme Court on behalf of Bainter, his Gainesville-based consulting company, Data Targeting, Inc., and several employees.