Florida: Court to tackle redistricting suit | Thomson Reuters

A day after the Supreme Court heard arguments in a Texas redistricting battle, another redistricting case with potential national implications takes center stage, this time in Florida. On Tuesday, the U.S. Court of Appeals for the 11th Circuit will hear a challenge in a racially-charged lawsuit over an amendment to Florida’s constitution. Lawmakers have sued to try to block the amendment — passed by voter ballot in 2010 — which they say violates the U.S. Constitution because it strips the legislature of its right to regulate elections.

Florida: Legislator files bill to reverse controversial elections measures | Florida Independent

State Rep. Mark Pafford, D-West Palm Beach, has introduced a bill that would reverse some of the controversial measures in the elections law passed by the Florida Legislature last year. Groups opposed to the state’s new elections law have called it a “voter suppression” effort, arguing that the new rules could reduce turnout among young, disabled, minority and low-income voters.

Among the many controversial provisions in the last elections law were restrictions on the amount of time that a third-party registration group has to turn in a voter registration form, a provision that refers an accused third-party registrar of violating the election law to the attorney general, a limit on the shelf-life of ballot initiative signatures, a provision requiring a voter who moves within the same county to fill out an affirmation form and provisions limiting early voting days in the state. Pafford’s bill would reverse all of those.

Florida: Early Voting Limits Could Negatively Affect Blacks, Latinos | Huffington Post

On the Sunday before the 2008 presidential election, church goers in Florida streamed from the pews to early voting places to cast their ballots. The so-called Souls to the Polls campaigns were a windfall for then-presidential candidate Barack Obama and the Democrats. According to the National Association for the Advancement of Colored People, more than 32 percent of those who voted early on that last Sunday before Election Day were African American, and nearly 24 percent were Latino. Moreover, according to a report released by the Florida State Senate, 52 percent of people who voted early in the 2008 election were registered Democrats.

“Preachers would preach a great sermon and then march to the polls with their congregations,” said Hilary Shelton, senior vice president for advocacy and policy at the NAACP.

But voting laws passed in Florida last year have limited early voting, including on the Sunday before Election Day. Opponents say the early voting limitations are part of a broader effort by Republican-led legislatures across the country to suppress the black, minority and elderly voting blocs, groups expected to be key to President Obama’s bid for reelection in 2012. The efforts include new voting laws passed in more than a dozen states, some requiring government-issued identification to vote and others limiting third-party voter registration drives.

Florida: Election law changes may be confusing absentee voters | OrlandoSentinel.com

Absentee ballots for the Republican presidential primary will start hitting the mail Tuesday, but thousands of Florida voters who think they’ve signed up to get one may be surprised. Elections supervisors say they fear many voters aren’t aware that a 2010 election law change eliminated a provision that automatically sent an absentee ballot to every voter who had requested one in the previous election. And some blame ignorance of the change for a big drop in applications in advance of the Jan. 31 primary.

“It’s dramatically decreased,” said Seminole County Elections Supervisor Michael Ertel. “The reason is, after the 2010 election, almost everybody’s absentee ballot request expired.” Ertel’s office has received only 2,366 requests so far from his county’s heavily Republican electorate, compared with 6,663 absentee ballots cast in the 2008 GOP presidential primary. Similarly, Palm Beach County reported 4,857 requests by mid-week, compared with 9,612 in the 2008 election.

Florida: Florida Citizens Groups Take Voting Rights Battle to Court | bet.com

The GOP’s efforts to narrow voting rights in Florida have now engendered legal resistance. The League of Women Voters and other civic groups, claiming that a new state law unconstitutionally “burdens their efforts” to simply register voters, filed suit in state court last week seeking to dismantle the new legislation.

Attorneys for the League of Women Voters of Florida, Rock the Vote and the Florida Public Interest Research Group argue that Florida’s new law 40 requires so-called “third party voter registration” organizations such as theirs to pre-register with the state and satisfy a number of cumbersome disclosure requirements before engaging in any voter registration activities. Under the law, they are now also required to continually submit updates about their organization’s status, an act the groups call “burdensome.”

“There is no indication that Florida’s existing law was inadequate in addressing the state’s interest in preventing voter registration fraud and ensuring the integrity of the registration process,” the complaint reads. “Furthermore, even if the state had discovered shortcomings in the existing law, the new law burdens far more speech and associated activity than is necessary to accomplish any legitimate government interest.”

Florida: Federal is the latest challenge to Florida’s politically motivated voting law | HeraldTribune.com

The venerable Florida League of Women Voters has decided to make a federal case out of a restrictive, punitive and politically motivated voting law approved this year by the state Legislature. Good for the league, and its co-plaintiffs.

The league is one of three groups that filed a lawsuit last week in a Tallahassee federal court, challenging the law. The suit asserts that the state law violates the plaintiffs’ rights to free speech and conflicts with the National Voter Registration Act.

Joining the league were Rock the Vote — a national organization that engages young Americans in voting — and the Florida Public Interest Group Education Fund. This lawsuit is one of two federal cases involving the Florida voting law.

Florida: NAACP report: Florida has ‘most restrictive’ felon disenfranchisement ‘approach’ | Florida Independent

A report released earlier this month by the NAACP found that Florida is among the states with the “most restrictive” felon disenfranchisement “laws in the country” — one of many aspects of the state’s voting practices that will limit voter participation among minorities, according to the group.

The subject of voting rights in the U.S. has received renewed attention since sweeping changes to voting laws were passed in states across the country. Voting rights advocates in Florida have largely focused on new limitations on third-party voter registration, early voting days and ballot measure signatures. Little scrutiny, however, has been given to a rollback of voting rights for ex-offenders, also referred to as returning citizens.

According to the NAACP report (.pdf), Florida is one of only four states in the country that “denies the right to vote permanently to all individuals convicted of any felony offense.”

Florida: Voter registration groups sue over new Florida election law | Tampa Bay Times

Florida’s new election law attracted more legal attention Thursday with a lawsuit from a trio of civic groups that contend the new rules are too burdensome on their voter registration efforts. The groups — League of Women Voters of Florida, Rock the Vote and Florida Public Interest Research Group Education Fund — are plaintiffs in a lawsuit that asks a federal court in Tallahassee to block the registration restrictions in the elections overhaul, which is in effect in 62 of 67 counties.

Attorneys argue the law is unconstitutional and violates the “motor voter” law by imposing burdensome regulations on volunteers and steep penalties for mistakes, such as not turning in voter registration applications within 48 hours. The window used to be 10 days.

Florida: Election law changes draw scrutiny by U.S. Attorney General Holder | Tampa Bay Times

U.S. Attorney General Eric Holder has injected himself into a partisan controversy over Florida’s new election laws that include changes in early voting and registering of new voters. The changes, passed by the Republican Legislature and signed into law by Gov. Rick Scott, antagonized voter advocacy groups and Democrats. They accuse the GOP of seeking to suppress voter turnout in 2012, especially among African-Americans and college students. Republicans say their goal is to bolster faith in the voting process and limit voter fraud.

Holder expressed concern about new voting laws passed in state capitals this year, including in Florida, during a speech Tuesday at the Lyndon Baines Johnson presidential library in Texas. “The answers are clear,” Holder said. “We need election systems that are free from fraud, discrimination and partisan influence, and that are more — not less — accessible to the citizens of this country.” In Florida’s case, a pending court review will force the state to hold a presidential primary next month under two separate sets of election laws.

Florida: Early Voting Period is Reduced from 96 to 48 Hours under HB1355 | electionsmith

According to a story in USA Today, Chris Cate, the director of communications for the Florida Department of State, continues to misinform the public about the total hours of early in-person (EIP) voting hours that are required under HB1355.  He claims that although the number of days has been shortened, the number of EIP voting hours  remains the same, and says that there is no systematic attempt to suppress any group of voters.

Yet, as Politifact has documented, that claim regarding the total number of EIP voting hours under HB1355 is “Mostly False.” In fact, the total number of early in-person voting hours that county Supervisors of Elections must remain open under HB1355 has been cut in half.

In addition to putting restrictions on voter registration drives, the casting of provisional ballots, and several other voting and elections issues, HB1355 shortened the window of EIP voting from 15 to eight days. Under the new law, county Supervisors of Elections have the discretion to offer between six and 12 hours of early voting each day—amounting to a minimum of 48 hours and a maximum of 96 hours.

Florida: Eleven lawmakers get subpoenas in election law case | St. Petersburg Times

Eleven state legislators have been hit with subpoenas in a federal lawsuit involving four controversial provisions of Florida’s new election law. The subpoenas to six senators and five representatives, all Republicans, were issued on behalf of the League of Women Voters of Florida and the National Council of La Raza, a Hispanic voter advocacy group, by their attorney, Daniel O’Connor of the Washington, D.C., firm Bryan Cave LLP.

Both organizations have been working to prevent the U.S. government from approving the changes, which they say will disenfranchise voters and make it harder to register new voters in Florida headed into a critical 2012 presidential election. The lawmakers, most of whom supported the legislation, are ordered to produce by Dec. 14 “all documents” related to the four major election law changes at issue in the case.

Florida: Absentee voting: Democrats mobilizing a year before election | Sun-Sentinel.com

The outcome of next year’s election could be decided far from the polls and long before Election Day. Copying a page from the Republican Party’s playbook, Democrats are hoping to turn one of their opposition’s most effective election strategies into a weapon that could win Florida for President Barack Obama — an outcome that could ensure him a second term in the White House.

The effort has been quietly under way for months. Its gist: Find every registered Florida Democrat who used an absentee ballot in the 2008 presidential and 2010 governor’s elections, and get them signed up to vote again by mail next year. With more than one in five of the state’s registered Democratic voters living in Broward and Palm Beach counties, South Florida is ground zero for the effort.

Florida: US Senate panel to investigate Florida voting laws | MiamiHerald

A congressional panel has agreed to U.S. Sen. Bill Nelson’s request to investigate new voting laws passed by Florida’s Legislature. Sen. Dick Durbin sent the Florida Democrat a letter Tuesday, saying that he agrees the new laws will disenfranchise a wide swath of Florida’s young, minority, senior, disabled, rural and low-income voters. Durbin chairs the Senate Judiciary Committee’s Subcommittee on the Constitution, Civil Rights and Human Rights.

Durbin says he is planning to hold a field hearing with his subcommittee to take a closer look at new voting laws in Florida and other states. Some of the new voting laws would reduce early voting days, impose new rules on voter registration drives and make it tougher to get citizen initiatives on the ballot.

Florida: Nelson wants Justice Department to investigate new voter laws | Post on Politics

Democratic U.S. Sen. Bill Nelson, whose bid for a third term next year may be hinged on a strong turnout among Florida Democrats, continued to put heat on the strict new elections law approved earlier this year by the Republican-ruled Legislature and signed into law by Gov. Rick Scott. Nelson on Thursday called on the U.S. Justice Department to investigate whether new standards that took effect in Florida and 13 other states are part of a GOP-backed effort at keeping minorities, college students and other Democratic-leaning voters from the polls.

“These voting changes could make it significantly harder for an estimated five-million eligible voters in numerous states to cast their ballots in 2012,” Nelson wrote, in a letter to Attorney General Eric Holder, citing the findings of the first comprehensive study of the voting laws’ impact by the Brennan Center for Justice at New York University School of Law.

Florida: Senator Bill Nelson wants congressional investigation of election law changes | OrlandoSentinel.com

U.S. Sen. Bill Nelson is asking that Congress investigate whether restrictive new voting laws in more than a dozen states — including Florida — are part of an “orchestrated effort to disenfranchise voters,” according to a letter released Tuesday.

The request by the Florida Democrat — who’s running for re-election in 2012 — follows a report last month by the Brennan Center for Justice, a watchdog group based in New York City, that found new regulations passed in 14 states, most them Republican-controlled, could make it harder for 5 million voters to cast ballots nationwide.

Nelson has requested that a Senate Judiciary subcommittee hold field hearings in the 14 states to see whether the efforts were coordinated and “to what extent such might be illegal,” according to a letter he sent to U.S. Sen. Dick Durbin, D-Ill., chair of the Subcommittee on the Constitution, Civil Rights and Human Rights.

Florida: Court rejects state’s request to expedite voting law challenge | Naked Politics

A panel of federal judges today rejected a request by Gov. Rick Scott and Secretary of State Kurt Browning to expedite a ruling on the lawsuit challenging the state’s changes to its voting laws. Download Fla v USA 55 Order on motion to expedite “We’re disappointed that the court could not accommodate our schedule,” said Browning’s spokesman, Chris Cate. “We look forward to the opportunity for making the case than none of Florida’s election laws are discriminatory.”

The reason the state is pressing the federal government for a quick resolution is the accelerated political calendar. A panel of legislative appointees has set Florida’s presidential preference primary for Jan. 31, 2012, but the last day that people can register to vote to be able to cast ballots in that election will be Jan. 3, 2012. If the legal issues surrounding the election law rewrite aren’t settled by then, the state will be in the awkward position of not having major changes to the laws pre-cleared as they affect five counties: Collier, Hardee, Hendry, Hillsborough and Monroe.

 

Florida: Election laws tightening in Republican-run states | latimes.com

Reporting from Tallahassee, Fla.— Barack Obama may have won this crucial state three years ago on the Sunday before election day when “souls to the polls” drives brought a surge of blacks and Latinos to cast ballots after church. Florida had opened the polls two weeks early, and even so, long lines across the state prompted the governor to issue an emergency order extending the hours for early voting. Propelled by waves of new voters including college students, Obama eked out a win with 51%. It will be different next year, a result of changes in the voting laws adopted by the Republican-controlled Legislature.

Early voting was reduced from two weeks to one week. Voting on the Sunday before election day was eliminated. College students face new hurdles if they want to vote away from home. And those who register new voters face the threat of fines for procedural errors, prompting the nonpartisan League of Women Voters to suspend voter registration drives and accuse the Legislature of “reverting to Jim Crow-like tactics.”

Florida: Smart phone technology supports voter objectives | Observer News

If you’re counting reasons to buy a smart phone this holiday season, here’s another: you’re going to be able to assist your civic responsibility with one. Both Hillsborough’s Supervisor of Elections and the Florida League of Women Voters are aiming to make it as easy as a snap and a click to connect and update your voter records, using tag code and smart phone technology.

Tags are those square, usually black and white symbols that somewhat resemble the now-innocuous bar codes which turn up everywhere and contain information often scanned, read and inputted when a purchase is made. Tags also are information-containing symbols that can be scanned, read and used, this time by citizens, to accomplish an objective, usually free of charge. However, to make them work, smart phone users must download the appropriate free app from the app store.

Florida: Nelson urges Scott to revamp elections law after teacher draws warning | Post on Politics

Democratic U.S. Sen. Bill Nelson has sent a critical letter to Republican Gov. Rick Scott and plans to meet Wednesday with a Volusia County high school teacher whose student voter registration drive could violate Florida’s tough, new elections law.

The law is already being challenged in court by the ACLU and allied organizations. But Nelson is calling on Scott to push for revamping or repealing the measure following the case of Jill Cicciarelli, a New Smyrna Beach teacher and adviser to a local high school’s student government association.

Cicciarelli was registering students to vote since the beginning of the school year. But county Elections Supervisor Ann McFall said she was required to report Cicciarelli to the Florida Department of State apparently for violating the new  standard for those acting as third-party registration organizations.

Florida: Legislator to Scott: Stop fighting Voting Rights Act | Florida Independent

State Rep. Perry Thurston, D-Plantation, the House Democratic Leader-designate, has written an open letter to Gov. Rick Scott criticizing the state’s latest effort to undermine the Voting Rights Act.

Florida Secretary of State Kurt Browning recently filed a complaint in court claiming that the Voting Rights Act’s federal preclearance provision is “unconstitutional.” Five counties in Florida fall under the preclearance rules; the state must receive approval from the federal government in order to implement the new voting laws in those areas. The other 62 counties have already implemented the new elections regulations.

The state is currently awaiting a D.C. court’s approval of controversial parts of the new election laws limiting third-party voter registration drives, shortening the “shelf life” for signatures collected for ballot initiatives, adding new restrictions on voters changing their registered addresses on election day, and reducing the number of early voting days in the state.

 

Florida: New Florida election law stirs up controversy | Daytona Beach News-Journal

The teacher who heads up New Smyrna Beach High School’s student government association could face thousands of dollars in fines. Her transgression? Helping students register to vote. Prepping 17-year-olds for the privileges and responsibilities of voting in a democracy is nothing new for civics teachers, but when Jill Cicciarelli organized a drive at the start of the school year to get students pre-registered, she ran afoul of Florida’s new and controversial election law.

Among other things, the new rules require that third parties who sign up new voters register with the state and that they submit applications within 48 hours. The law also reduces the time for early voting from 14 days to eight and requires voters who want to give a new address at the polls to use a provisional ballot.

Florida: New Technology to Help Voters Check Status | WMFE 90.7

The Florida League of Women Voters is teaming up with Microsoft to offer a new way to check voter registration status. The new technology allows citizens to scan a special bar code with any smart phone and be automatically connected to their county Supervisor of Elections office. Deirdre Mcnab is president of the League of Women Voters of Florida. She said voters can easily check on their current registration status.

“They can check that their address is up to date. They can check if their name is correct.” Mcnab said. “If they want change parties, if they want to request a vote by mail ballot. They’ll be directly connected to their county Supervisor of Elections office.” Mcnab says the new technology is helpful but doesn’t address other voting changes instituted by state lawmakers.

“It does not address the cutting in half of early voting days.” Mcnab said. “It does not address taking away the most popular early voting day, the Sunday before the election and it does not address the drastic cutbacks in the ability of groups like ours to register new, eligible voters.”

Florida: Senator’s call to check citizenship of Hispanic voters draws fire | MiamiHerald.com

A state senator’s comments ignited a fierce rebuke from his colleagues Thursday when he said that voters should be screened for citizenship before legislators draw a congressional district to favor Hispanics.

Sen. Alan Hays, R-Umatilla, rekindled the divisive debate over illegal immigration when he told the Senate committee reviewing a series of congressional redistricting plans that “before we design a district anywhere in the state of Florida for Hispanic voters, we need to ascertain that they are citizens of the United States. “We all know there are many Hispanic-speaking people in Florida that are not legal,’’ he said. “And I just don’t think it’s right that we try to draw a district that encompasses people that really have no business voting anyhow,” he said.

“He is calling on a witch hunt before a Hispanic district can be realistically considered,’’ said Rep. Janet Cruz, D-Tampa.

Florida: New smart phone tag will connect voters to election offices | Orlando Sentinel

In what is being hailed as the first in the country and probably the world, the League of Women Voters of Florida and Microsoft rolled out an app that will allow voters to use smart phones to link with Florida Supervisor of Elections offices to check and update voter registration information.

The program, which will include Martin, Orange, Osceola, Palm Beach and Polk counties immediately and eventually all 67 Florida counties, will provide Microsoft-powered smart phone “tags” that smart phone users can use to get direct connections to the elections offices.

The tags are smart phone variations on bar codes applied to products in stores. Each unique tag can be read by a smart phone, directing the phone to a smart phone site with information.

Florida: U.S. judge dismisses ACLU challenge of Florida election law | Palm Beach Post

A federal judge in Miami has thrown out a lawsuit against Gov. Rick Scott and his administration over the state’s new elections laws. U.S. District Judge K. Michael Moore ruled that the ACLU, which filed the lawsuit, lacked standing to sue and that it’s too early to rule on whether the new law is unconstitutional. Scott applauded the decision.

“I have always been confident that our elections have been conducted fairly and meet every legal requirement. Today’s decision only confirms that opinion. As we draw nearer to nationally significant elections in 2012, I will continue to ensure the integrity and fairness of Florida elections,” Scott said in a statement.

Florida: In push for its new election law, Florida challenges Voting Rights Act | Palm Beach Post

Florida’s top elections official is challenging federal oversight of voting laws in jurisdicitions with a history of discrimination, including five Florida counties, as outdated and unconstitutional. Secretary of State Kurt Browning on Tuesday asked the U.S. District Court in Washington, D.C. to do way with the Voting Rights Act requirement that the federal government must preclear Florida’s new voting law before it can go into effect for Collier, Hardee, Hendry, Hillsborough and Monroe counties.

The law, passed by Florida’s Republican-controlled Legislature and signed by Gov. Rick Scott this spring, makes broad changes to Florida’s election laws. The U.S. Justice Department has approved all except four hotly contested sections of the law — the parts that would reduce the number of early voting days, set new rules for groups conducting voter registration drives, require voters changing out-of-county addresses at the polls to cast provisional ballots and make it more difficult to get citizen initiatives on the ballot.

Florida: State challenging Voting Rights Act provisions | wtsp.com

The state of Florida is gearing up for a battle with the U.S. government over states having to get federal approval on voting rights changes in areas with a history of discrimination, according to the News Service of Florida. Florida Secretary of State Kurt Browning said the rule is outdated and unconstitutional in a court filing Tuesday.

… Ironically, Browning is currently seeking the required preclearance for a new Florida voting law before it can go into effectin five Florida counties. The new law changes certain requirements including early voting and change of address issues.

Florida: Florida Law Tightens Voting Rules, Angers Advocates | NPR

The League of Women Voters is a nonpartisan group with a distinguished history. It was founded in 1920, just months before the U.S. Constitution was amended giving women the right to vote. The Florida chapter of the League was founded two decades later and since the beginning, has worked to educate and register new voters.

But now, the group says, a new law makes it impossible for it to carry out one of its core missions: Registering new voters. The law passed by Florida’s legislature and signed by Gov. Rick Scott over the objections of the League and other groups, tightens voting regulations in several areas. Among the changes: it reduces the time period groups have to turn in new voter registrations from 10 days to just two. For forms turned in late, there are steep fines and other possible civil penalties.

Florida: Palm Beach County considers $1 million fix for vote counting delays, sole-source deal with Dominion Voting Systems | Sun-Sentinel.com

Speeding up Palm Beach County’s traditionally slow election returns could cost taxpayers another $1 million under a proposal going before the County Commission on Tuesday.

Buying new software and adding modems would allow transmitting vote totals instead of driving voting-machine cartridges from polling places all over the country to the Supervisor of Elections tabulation center in Riviera Beach. Driving across Florida’s largest county to deliver vote totals has been blamed for Palm Beach County often being one of the last in the state to finish counting votes.

… In April, Palm Beach County’s test run at using modems had software malfunctions. The Florida Department of State has yet to see Bucher’s new plan and still has questions about how she plans to implement it, spokesman Chris Cate said Monday.

Florida: State allows civil rights groups to intervene in federal voting lawsuit | Miami Herald

Florida Secretary of State Kurt Browning on Friday agreed with U.S. Attorney General Eric Holder to allow civil rights groups and individual legislators to intervene in a lawsuit over whether the state’s recent voter laws suppress minority voting.

Browning has asked the court to take over for the U.S. attorney general’s office and “pre-clear” the law to determine if it is in line with the minority voting protections of the 1965 Voting Rights Act. The new law shortens the number of days available for early voting from 14 to eight days, (although it leaves open the opportunity to extend the number of total hours available for voting.) It also imposes tight limits on third-party voter registration groups and requires an out-of-county voter — such as a student — who tries to change her voting precinct on Election Day to cast a provisional ballot, which can be more easily challenged.