Florida: Judges hear arguments on voting law changes | MiamiHerald.com

Lawyers for the state of Florida and the Justice Department argued in federal court on Thursday about whether Republican-backed changes to Florida’s voting laws constitute a violation of the federal Voting Rights Act. William S. Consovoy, a lawyer representing Florida, said the disputed changes to Florida’s law – which include provisions trimming the number of days for early voting, placing restrictions on voter registration drives and requiring voters to cast provisional ballots if they change their addresses from another county on Election Day – are not discriminatory. “There is not even remotely enough evidence of a disproportionate impact,” on minority groups, he told three federal judges. Elise S. Shore, a lawyer for the Justice Department, countered that these changes to Florida’s law have a clear “racial impact.” “The evidence is compelling that each of the changes was done for a discriminatory purpose,” she said.

Florida: Mail voter registration drive causes confusion with voters | MiamiHerald.com

Jacqueline Paulausky has been a registered voter in Florida since she moved to the state in 1981. So when she received a voter registration form in the mail recently, the 72-year-old Democrat was suspicious. The document, which looked official, asked her to affirm that she was a U.S. citizen and that she hadn’t committed a felony. None of her neighbors got one. Nor did her husband. She had eight days to turn in the papers to the state’s Division of Elections, the instructions told her. “I thought I was being picked out of a group,” Paulausky said. She was. Just not in the way she feared. Similar forms were sent to more than 420,000 people in Florida this month. But the sender was the Voter Participation Center, a Washington group that’s trying to increase — not decrease — voting among women and minorities. “Really?” Paulausky said. “Maybe they should have been more clear.” Paulausky actually received the letter in error. It was addressed to Jacqueline “Walker,” her name from a prior marriage that ended in 2005.

Florida: Voter purge explained | The Washington Post

Laws designed to clamp down on voter fraud have been causing controversy all over the country. But in Florida, an attempt sparked by Gov. Rick Scott (R) to remove non-citizens from the voter rolls has become particularly heated, devolving into dueling lawsuits, with officials refusing to carry out directives from the secretary of state. The Department of Justice is suing the state over the purge. Florida is suing the Department of Homeland Security. What happened? As the Miami Herald reported, Scott became interested in the number of non-citizen voters early in his tenure. The state wanted to use the Department of Homeland Security‘s Systematic Alien Verification for Entitlements (SAVE) database, but federal officials denied access. Instead, the state elections board relied on the information from the Department of Highway Safety and Motor Vehicles to determine citizenship. Then-Secretary of State Kurt Browning abandoned the effort, saying the data was too flawed. (For example, some people gain citizenship after getting a driver’s license. Some names on the list were simply there by mistake.)

Florida: Some counties aren’t suspending purge | MiamiHerald.com

Election officials in two southwest Florida counties are not ending a contentious push to remove potentially ineligible voters from the voter rolls. Gov. Rick Scott initiated the push last year. But most counties in Florida stopped efforts to identify and remove non-U.S. citizens from the rolls amid conflicting legal opinions between the state and federal government. The U.S. Department of Justice on Tuesday sued Florida, saying the state must halt the purge because it is too close to the next federal election.

Florida: Legal voters may or may not have been purged | StAugustine.com

Florida Gov. Rick Scott often says that no actual citizens have been removed from the voter rolls in his program to make sure noncitizens don’t have the chance to cast ballots. “Not one person has been taken off the voter rolls that was a resident, a U.S. citizen who has the right to vote,” Scott, a Republican, said Tuesday in Miami. But that might not be the case. In two counties — Collier and Lee — at least nine people have been removed from the voter rolls under Scott’s program, and elections officials have no solid proof that those people are noncitizens. More could be purged soon. It’s that lack of certainty that concerns Democrats, liberals and voting-rights groups, who have sued the state to stop the program. On Tuesday, the U.S. Department of Justice also filed suit.

Florida: Governor mistaken for dead in 2006 vote – required to cast provisional ballot | Reuters

Florida’s governor, who is leading a disputed purge of voter registration rolls, had to cast a provisional ballot in 2006 because officials mistakenly thought he was dead, election officials said on Thursday. Governor Rick Scott was required to use a provisional ballot in the 2006 primary and general elections because Collier County election officials had received a Social Security Death Index Death Record that led them to believe he had died on January 27, 2006. In fact the deceased was Richard E. Scott, who had the same birthday as the governor, December 1, 1952. The governor’s full name is Richard Lynn Scott. Election officials verified that Scott was among the living and his ballots were counted.

Florida: Justice Department Sues Florida Over Voter Purge | NYTimes.com

The Department of Justice on Tuesday followed through on warnings that it would sue Florida over the state’s plan to remove noncitizens from its voter rolls. The lawsuit, filed in Federal District Court in Tallahassee, intensified a legal battle between the Obama administration and Republican leaders in Florida, a crucial swing state. Florida has asked county election officials to remove up to 2,600 voters who may be registered illegally. But the federal government’s suit says the state’s list is “outdated and inaccurate.”

Florida: Noncitizen voter purge grew from 5-minute conversation | McClatchy

Florida’s latest elections controversy began in the smallest of ways: a five-minute chat a year ago between Gov. Rick Scott and his top election official. At the time, about February 2011, the newly elected governor was touring the office run by then-Secretary of State Kurt Browning, who put on a presentation about Florida’s voting rolls and elections issues for the political newcomer. That’s when Scott — a Republican who campaigned as an immigration hardliner — asked a simple question: How do we know everyone on the rolls is a U.S. citizen? “I said it was an honor system,” Browning recalls. “That’s how it’s always been done.” “People don’t always tell the truth,” Browning recalled Scott saying. So Browning decided to find out how many noncitizens were actually on the rolls.

Florida: Florida to sue Department of Homeland Security in voter registration battle | The Hill

Florida Gov. Rick Scott (R) said he will sue the Department of Homeland Security (DHS) to move forward with his controversial attempt to purge the voter rolls in his state of ineligible voters. “I have a job to do to defend the right of legitimate voters,” Scott told Fox News on Monday. “We’ve been asking for the Department of Homeland Security’s database, SAVE, for months, and they haven’t given it to us. So this afternoon, we will be filing a lawsuit, the secretary of State of Florida, against the Department of Homeland Security to give us that database. We want to have fair, honest elections in our state and we have been put in a position that we have to sue the federal government to get this information.” Florida Secretary of State Ken Detzner produced the lawsuit, filed in Washington, D.C. district court on Monday, shortly after, along with a statement. “For nearly a year, the U.S. Department of Homeland Security has failed to meet its legal obligation to provide us the information necessary to identify and remove ineligible voters from Florida’s voter rolls,” Detzner said. “We can’t let the federal government delay our efforts to uphold the integrity of Florida elections any longer. We’ve filed a lawsuit to ensure the law is carried out and we are able to meet our obligation to keep the voter rolls accurate and current.”

Florida: Voter Purge Adds to Debate Over Voting Rights Act | Article 3

In this firefight, the first shot was Governor Scott’s, the next belonged to the Department of Justice and the winner might just be the civil rights era Voting Rights Act up for Supreme Court review next term. What’s the story? Governor Scott’s chief election official announced Florida’s intention to sue the Department of Homeland Security for access to a federal database that would help state officials better identify and remove non-citizens currently on their voter rolls. Moments later the Justice Department counter-sued Florida for violation of federal laws. Why? Unlike other Southern States, from Alabama to Mississippi to Virginia, the state of Florida is not covered as a whole but it does have five jurisdictions subject to Section 5 of the 1965 Voting Rights Act. Passed in an effort to outlaw discriminatory voting practices that had been responsible for the widespread disenfranchisement of African Americans, Section 5 of the Voting Rights Act requires covered jurisdictions to seek preclearance from federal judges, or the Department of Justice, before changes can be made “to any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting.” Florida’s unilateral action was in violation of this act.

Florida: Gov. Scott: DOJ ‘stonewalling’ attempt to protect voting rights | The Hill

Florida Gov. Rick Scott (R) called his determination to remove ineligible voters from Florida’s voting rolls “a no-brainer” on Tuesday, charging the administration with “stonewalling” the attempt. “We’re sitting here trying to watch how we spend our money, pay down our debt, do the right things for the citizens of our state, and the federal government tells us, ‘Oh, no, you can’t do the right thing for our citizens and we’re going to sue you,’ ” Scott said on Fox News. “It doesn’t make sense.” Scott announced on Monday that Florida is suing the Department of Homeland Security (DHS) in order to move forward, in response to the Department of Justice (DOJ) filing a suit against the state over actions taken for the purging attempt. “This is protecting the rights of U.S. citizens and not diluting their vote by non-U.S. citizens,” Scott said. “When non-U.S. citizens register and vote, it is illegal, it is a crime.” Florida began purging county voting rolls this year in order to eliminate ineligible voters ahead of what will likely be a hotly contested election, but stopped due to the administration’s protests.

Florida: DOJ To Sue Over Florida’s Voter Purge | TPM

The Justice Department’s Civil Rights Division is planning to sue the state of Florida for purging voters from its rolls in violation of federal law, Assistant Attorney General Thomas Perez said in a letter to Florida Secretary of State Ken Detzner Monday. DOJ warned Florida last month that its efforts to purge individuals believed to be noncitizens from the voter rolls would violate federal law because the process had not been cleared by either the Justice Department or a federal court, and because the purge was taking place too close to Florida’s August primary. Perez wrote Monday that he “authorized the initiation of an enforcement action against Florida in federal court” because the state had “indicated its unwillingness to comply” with federal laws.

Florida: Florida Stops Search for Ineligible Voters on List | NYTimes.com

Florida’s attempt to purge ineligible voters from its rolls has been halted, at least for now. “We felt the information wasn’t credible and reliable,” said Vicki Davis, president of the Florida State Association of Supervisors of Elections. “Too many voters on the state’s list turned out to actually be citizens.” That decision dealt a major setback to state leaders, including Gov. Rick Scott, who have pledged to identify ineligible voters before state primary elections in August. The United States Department of Justice has ordered Florida to stop the purge, saying states cannot remove voters from their rolls within 90 days of an election.

Florida: State, feds and elections supervisors continue war of words over voter purge | WFSU

At the Leon County Supervisor of Elections Office, volunteers sign up to work with the League of Women Voters. One of the group’s core missions is to help people participate in democracy by registering them to vote.  On Wednesday, about 15 volunteers showed up to become voter registrars. One of them is Katie Pospyhalla, a college student majoring in Middle Eastern studies who said people her age don’t care enough. “And it’s something that I kind of hope to change. I kind of want to be like, ‘Wake up! These are your issues too and you need to get involved…nicely, of course,” she laughed. A battle is heating up over Florida voters, but it isn’t political candidates who are fighting. Voter registration groups claimed victory in court as a judge struck down parts of the state’s election law last week. And this week, the state stands defiant against a federal order to stop purging non-citizen voters. These fights over voting rights have pitted Florida Governor Rick Scott against the federal government and all 67 of the state’s supervisors of Elections.

Florida: Florida county elections supervisors won’t resume voter purge | MiamiHerald.com

Florida’s noncitizen voter purge looks like it’s all but over. The 67 county elections supervisors — who have final say over voter purges —are not moving forward with the purge for now because nearly all of them don’t trust the accuracy of a list of nearly 2,700 potential noncitizens identified by the state’s elections office.The U.S. Department of Justice has ordered the state to stop the purge. “We’re just not going to do this,” said Leon County’s elections supervisor, Ion Sancho, one of the most outspoken of his peers. “I’ve talked to many of the other supervisors and they agree. The list is bad. And this is illegal.” So far, more than 500 have been identified as citizens and lawful voters on the voter rolls. About 40 people statewide have been identified as noncitizens. At least four might have voted and could be guilty of a third-degree felony. The eligibility of about 2,000 have not been identified one way or the other.

Florida: Judge’s ruling means voter registration efforts will resume, ramp up in Florida | Palm Beach Post

Voter registration groups say they’re ramping up their efforts in Florida after a federal judge last week issued an injunction blocking what he called burdensome portions of the state’s 2011 election law. Some voter-registration organizations have already signed up tens of thousands of Hispanic voters, but several organizations, including non-partisan groups such as the League of Women Voters and Rock the Vote, had abandoned registration efforts because of the elections law passed by the GOP-dominated legislature and signed by Gov. Rick Scott last year. With U.S. District Judge Robert Hinkle’s ruling blocking key parts of the law involving registration, the League and Rock the Vote said Wednesday they are going to resume registration efforts, joining Democratic and Republican parties and liberal and conservative groups already working throughout the state.
The left-leaning Florida New Majority, which dropped its registration campaign after the law went into effect, also will resume its efforts, policy and legislative director Badili Jones said.

Florida: Voter Registration groups relaunch drives, but state digs in on voter purge | Facing South

Florida’s ever-escalating voting wars (see hereand here) have seen two big developments recently. First: Last week, a judge blocked most of Florida’s aggressive new restrictions on how groups can register voters. In his opinion, U.S. District Judge Robert Hinkle argued in his opinion that the time limits and penalties thrust onto groups like the League of Women Voters, which ultimately caused them to famously shut down their voter registration drive in the state, was unconstitutional:

Together speech and voting are constitutional rights of special significance; they are the rights most protective of all others, joined in this respect by the ability to vindicate one’s rights in a federal court. … [W]hen a plaintiff loses an opportunity to register a voter, the opportunity is gone forever. And allowing responsible organizations to conduct voter-registration drives—thus making it easier for citizens to register and vote—promotes democracy.

That decision led the League and Rock the Vote to announce this week that they wereresuming their voter registration drives in the battleground state.

Florida: Scott looks ready to fight DOJ over Florida voter purge | MiamiHerald.com

Gov. Rick Scott’s administration is positioning itself for a showdown with the U.S. Department of Justice for demanding that Florida cease searching for and purging noncitizen voters. The DOJ gave Florida until Wednesday to respond to a letter, sent last week, that said the purge probably ran afoul of two federal voting laws. Florida will respond, but it probably won’t quit its effort and will likely ask the DOJ to clarify its interpretation of the federal laws it cited. “Our letter will address the issues raised by DOJ while emphasizing the importance of having accurate voter rolls,” said Chris Cate, spokesman for Florida Secretary of State Ken Detzner, who’s in charge of the state’s elections division. Cate would neither confirm nor deny what was in the state’s response, but he acknowledged that the state disagrees with the federal government and doesn’t plan to throw in the towel. “We know we’ve been acting responsibly,” he said.

Florida: Governor asks for review of 3 Florida Supreme Court justices | Orlando Sentinel

Three veteran Florida Supreme Court justices could possibly face a criminal investigation and legal action over the handling of their campaigns to remain on the bench. Gov. Rick Scott, a Republican who has been critical of some of the court’s past rulings, on Tuesday asked a state law-enforcement agency to decide whether to investigate the justices over their use of state employees to help finish election-related paperwork. Meanwhile, a conservative legal group is raising questions about whether the justices may be violating ethics rules because they are raising money and urging voters to keep them on the bench. “No man is above the law, particularly those charged with enforcing the law,” said Shannon Gosseling, executive director of the Southeastern Legal Foundation. Voters this fall will decide whether Justices Fred Lewis, Barbara Pariente and Peggy Quince deserve new six-year terms. Two of the justices were appointed by the late Democratic Gov. Lawton Chiles; Quince was jointly appointed by Chiles and then-incoming-Gov. Jeb Bush.

Florida: Voter Purge In Limbo As County Officials Await State Response To DOJ | TPM

An association of Florida elections supervisors has recommended that members hold off on purging voter rolls until the state settles its dispute with the Justice Department over whether the action is legal. Based “upon the previous issues that have been presented concerning the list, as well as the fact that the Department has indicated its intent to take further actions to review its list to determine its validity,” Ron Labasky of Florida State Association of Supervisors of Elections wrote in a memo that his recommendation was that Supervisors of Elections “cease any further action until the issues were raised by the Department of Justice are resolved between the parties or by a Court.” DOJ asked Florida to say by Wednesday whether they would cease trying to purge their voter list. Justice Department officials contended that federal law doesn’t allow voters to be removed from the polls within 90 days of an election and that changes to the process Florida uses to remove voters must be cleared under the Voting Rights Act.

Florida: Statistics show voter fraud is a rare occurrence in Florida | OrlandoSentinel.com

Gov. Rick Scott and his Department of State have been talking about voter fraud in Florida since 2011, shortly after Scott took office. “We need to have fair elections,” Scott said Monday, justifying the identification of more than 2,600 “noncitizens” that the state recently urged county supervisors of elections to purge from the voter rolls. That followed a 2011 legislative rewrite of the election law, again in the name of preventing fraud. “When you go out to vote, you want to make sure that the other individuals that are voting have a right to vote,” Scott added. But notwithstanding the concerns of Scott and Republican legislators, state records show that voter fraud simply hasn’t been a problem for the past decade.

Florida: ‘Phantom’ votes raise doubts for November election in Florida | Palm Beach Post

Almost half of Florida’s voters will have their ballots counted this November by machines that can malfunction in as little as two hours and start adding votes. A New York study found that the precinct-based vote counter added votes in some races on a ballot, which can invalidate some or all of the votes. Although not used in Palm Beach County, Election Systems & Software’s DS200 scanner will count votes in some of the most populous counties in Florida, including Miami-Dade, Broward and Orange. State elections officials stand behind the scanner, which they say has been thoroughly tested. Even so, the manufacturer issued a nationwide bulletin warning that the scanner needs to be carefully cleaned to avoid adding “phantom” votes.

Florida: State will defy order to stop purging voter list amid calls of ‘suppression’ | guardian.co.uk

Florida says it will defy an order from the US justice department to stop purging its voter roll of people the state claims may not be American citizens. The justice department has warned that the practice, which critics describe as “voter suppression” by Florida’s Republican administration aimed at stripping the ballot from people more likely to support Democrats, is illegal under federal laws. It has given the state until Wednesday to agree to halt the purge, something officials in Florida say they have no intention of doing. Federal authorities say that the state is obliged to get justice department approval for changes to its voting laws under the 1965 Voting Rights Act, which was introduced to end practices that prevented African Americans from exercising their democratic right in many southern states. The justice department also said that the purge appears to violate a federal law stopping voters being removed from the rolls less than 90 days before an election. Florida holds primaries in mid-August. But Chris Cate, a spokesman for the Florida secretary of state, said the purge will continue.

Florida: Voter purge gets pushback from elections supervisors, U.S. Justice | Palm Beach Post

Florida elections supervisors said Friday they will discontinue a state-directed effort to remove names from county voter rolls because they believe the state data is flawed and because the U.S. Department of Justice has said the process violates federal voting laws. Late Thursday, the Department of Justice sent Florida Secretary of State Ken Detzner a letter telling him that an effort launched by Republican Gov. Rick Scott’s administration last year to remove the names of people believed to be non-citizens from voter rolls appears to violate at least two federal voting laws. The federal agency gave Detzner until Wednesday to respond. The Justice Department letter and mistakes that the 67 county elections supervisors have found in the state list make the scrub undoable, said Martin County Elections Supervisor Vicki Davis, president of the Florida State Association of Supervisors of Elections. “There are just too many variables with this entire process at this time for supervisors to continue,” Davis said.

Florida: Part of controversial Florida voter registration law struck down; votor roll purge ordered halted | Bradenton Herald

A federal judge Thursday struck down a key part of Florida’s recently revamped election laws, saying the Legislature’s restrictions have made it “risky business” for third-party groups to register new voters. Hours later, the Justice Department ordered Florida’s elections division to halt a systematic effort to find and purge the state’s rolls of noncitizen voters. Florida’s effort appears to violate both the 1965 Voting Rights Act, which protects minorities, and the 1993 National Voter Registration Act — which governs voter purges — T. Christian Herren Jr., the Justice Department’s lead civil rights lawyer, wrote in a detailed two-page letter sent late Thursday night. State officials said they were reviewing the letter. But they indicated they might fight the Justice Department over its interpretation of federal law and expressed frustration that President Barack Obama’s administration has stonewalled the state’s noncitizen voter hunt for nine months.

Florida: State defends voter roll ‘purge’ after protest from DOJ | CNN

Florida’s proposed elimination of non-U.S. citizens from its voter rolls is necessary to preventing voter fraud, a spokesman for the state’s Division of Elections said Friday after the U.S. Department of Justice called into question the legality of the action. The so-called “voter purge” would remove names from Florida’s voter rolls months before the 2012 presidential election, when Florida will play a key role as a battleground state with a large chunk of electoral votes. In a statement, Chris Cate said the decision to remove names from the list was essential to preventing non-citizens from casting ballots illegally. “The Department of State has a duty under both state and federal laws to ensure that Florida’s voter registration rolls are current and accurate. Therefore, identifying ineligible voters is something we are always doing,” Cate wrote. He added that the action was not meant to prevent minority voters from voting.

Florida: DOJ eyes Florida voter roll purge of non-U.S. citizens | Politico.com

A top lawyer for the Justice Department’s civil rights division wants Florida officials to explain why they’ve unilaterally decided to purge the state’s voter rolls of non-U.S. citizens just months before a key primary in the 2012 elections — an apparent violation of provisions in the landmark Voting Rights Act. In a two-page letter, T. Christian Herren, chief lawyer for Justice’s Voting Rights division, told Florida’s secretary of state that officials’ decision to comb the rolls for foreign nationals was launched without consulting Attorney General Eric Holder or asking permission from a federal court, long-standing requirements under Section 5 of the Voting Rights Act.  Further, Herren writes, the state hasn’t officially justified why it launched the scrub, which activists say is haphazard, subjective and disproportionately hurts minority voters. At the same time, the practice is happening less than 90 days before an upcoming statewide election, which “appears to violate the National Voter Registration Act,” Herren said.  “Please advise whether the state intends to cease the practice … so the [Justice Department] can determine what further action, if any, is necessary.”

Florida: Justice Department Demands Florida Stop Purging Voter Rolls | TPM

The Justice Department sent a letter to Florida Secretary of State Ken Detzner Thursday evening demanding the state cease purging its voting rolls because the process it is using has not been cleared under the Voting Rights Act. DOJ also said that Florida’s voter roll purge violated the National Voter Registration Act, which stipulates that voter roll maintenance should have ceased 90 days before an election, which given Florida’s August 14 primary, meant May 16. Five of Florida’s counties are subject to the Voting Rights Act, but the state never sought permission from either the Justice Department or a federal court to implement its voter roll maintenance program. Florida officials said they were trying to remove non-citizens from the voting rolls, but a flawed process led to several U.S. citizens being asked to prove their citizenship status or be kicked off the rolls.

Florida: Limits on voter registration drives blocked | necn.com

A federal judge on Thursday temporarily blocked parts of Florida’s new election law that places restrictions on voter registration drives, saying the provisions were harsh and impractical and imposed requirements that served little — if any — purpose. U.S. District Judge Robert Hinkle ruled the League of Women Voters of Florida and other two groups challenging the provisions are likely to prevail in arguing the restrictions violate constitutional voting rights. One of the blocked provisions requires groups or individuals signing up voters to submit their registration forms to election officials within 48 hours of collecting them. The previous law allowed up to 10 days. Others impose what the judge called “burdensome record-keeping and reporting requirements.” “Allowing responsible organizations to conduct voter-registration drives — thus making it easier for citizens to register and vote — promotes democracy,” Hinkle wrote. Deirdre Macnab, the president of the League of Women Voters of Florida, said the group wants to study the ruling before deciding whether to resume registration efforts. The ruling did not block other parts of the third-party voter registration section.