Florida Governor Rick Scott says he will take a look at some voting changes in the wake of massive lines in counties across Florida, but did not seem anxious to get to work on them. “What I want to do now is sit down with the Secretary of State and say, ‘What can we, how can improve this?'” Ballot tabulation machines failed repeatedly, and most of the polling places in Orange and Seminole County only had one machine per precinct.
Edgar Oliva waited to vote at Shenandoah Elementary School and fretted. The line was too long. The clock was ticking. He had to get to work across town. Twice before, during in-person early voting, he tried to vote but he had to leave because lines were even longer. Tuesday was his third try at voting in between one of his two jobs, cleaning carpets in Doral and working at an airport hotel. About 4 p.m. on Election Day, he gave up. “I had the intention of voting but there were always a lot of people,” Oliva, a native of Guatemala, told a Miami Herald reporter as he left the scene. Oliva had so much company on Tuesday.
The lines to vote in Florida were so long that President Barack Obama took time at the start of his re-election speech early Wednesday morning to point it out. “By the way, we need to fix that,” Obama said. It’s not as if we didn’t know that. As in 2000, Florida gained national attention on Election Day for holding up the final tally of votes in a tight presidential race. Long lines, tardy results, apologetic elections officials — this is how it’s done in the Sunshine State. “I’m hesitant to say what went wrong,” said Daniel Tokaji, a law professor and elections expert at Ohio State University. “But the president is right, we do need to fix this. In the long run, this will dampen turnout if it takes this long to vote.” When asked about Obama’s comments, Gov. Rick Scott said he was open to suggestions.
As Alfie Fernandez waited six hours to vote at the West Kendall Regional Library, she already knew TV networks had called the bitterly contested presidential race for Barack Obama. But she hung in there, anyway. “I felt my vote was important,” said Fernandez, a homemaker. “We have a history of messing up votes.” Fernandez finally got to vote after midnight Wednesday, but that didn’t stop South Florida from adding to its checkered Election Day history. Thousands of voters in Miami-Dade and, to a lesser extent, Broward counties endured exhausting lines, with some like Fernandez not casting ballots until after the national race had been settled. A day later, Florida remained the only state in the union not to declare its presidential winner, and several tight local elections still hung in the balance. Miami-Dade, among four counties still counting ballots, was sorting through a last-minute surge of 54,000 absentee ballots and didn’t expect to finish the final tally until Thursday. About 10,000 had yet to be tabulated.
In 2008, when reports surfaced of voters waiting in line for two, three, and, in one remarkable case in Georgia, 12 hours to vote, at Facing South we wrote about why this is a voting rights issue. Here we go again. Over the last two weeks, reports have flooded in of voters waiting for hours at early voting sites to cast their ballots. Florida has again dominated the headlines, with accounts of voters standing in line for up to six hours. In South Florida, Democrats sued after Gov. Rick Scott opted against extending early voting hours, as his Republican predecessor had in 2008. (Scott insisted voting was running smoothly.)
Tampa-area resident and Navy captain Peter Kehring has spent more than 30 years in the U.S. military. But due to Florida GOP Gov. Rick Scott’s recent purge of voter rolls, Kehring will not be able to cast a vote on Election Day, reports Tampa CBS affiliate WTSP. Florida state law requires county election supervisors to regularly update voter rolls to remove felons, deceased individuals, and those who have moved out of the county. Voters who miss two consecutive general elections (2008 and 2010, for example) are sent a letter warning them they will be removed from eligibility unless they contact county officials. Kehring, who has been serving in the military abroad for the last five years, never got his letter.
The Sunshine State news last week was dark enough for Republicans even before the voter registration scandal hit the headlines. A Quinnipiac poll gave President Obama 53% to just 44% for GOP candidate Mitt Romney in the critical swing state of Florida, which seemed a neck-and-neck race just a few weeks ago. That body blow has since been followed by revelations that a consulting firm contracted by the Republican Party of Florida to register GOP voters is under investigation by state and local officials for election fraud. The irony is stunning: like Republican establishments in numerous other states, the Florida GOP has declared itself the voter fraud watchdog of the 2012 election. Almost since taking office 21 months ago, conservative Republican Governor Rick Scott has pushed through tight restrictions on voter-registration groups, ramped up efforts to purge rolls of ineligible voters, made it harder for felons to regain voter rights and scaled back early voting. As a result, growing disclosures that the Arizona-based Strategic Allied Consulting—which the Republican National Committee required state parties like Florida’s to hire—may be guilty of turning in hundreds of fraudulent registrations in more than 10 counties, and is also being probed in other states, is a major embarrassment. (Strategic insists the problems are isolated and under control, but the Republicans have fired the firm.)
Florida’s noncitizen voter purge efforts surged back to life Wednesday as Gov. Rick Scott’s elections office produced a new list of 198 potentially ineligible voters, including 39 who voted in past elections. The list was compiled from data maintained by the U.S. Department of Homeland Security that the state calls highly reliable, and is headed to county election supervisors, who must give anyone listed 30 days to respond. Any noncitizen who registered illegally could face criminal charges. The decision to revive the controversial program 41 days before Election Day in the nation’s biggest battleground state is stirring new controversy, even though some names on the new list were on a previous — and flawed — list of nearly 2,700 suspected noncitizens released in May. “We are doing absolutely the right thing,” Scott said recently in defending the state’s efforts to remove noncitizens from the rolls. “We believe in honest, fair elections.”
Despite the heat and threat of thunderstorms, about 500 African-Americans are gathered in Rowlett Park for an end-of-summer day of barbecuing, dancing and playing cards. It’s the fifth annual Old School Picnic, a community park jam that brings together two black neighborhoods that were torn apart when the College Hill and Ponce de Leon public housing projects were razed in 2000. Earlier that morning, President Barack Obama held a massive campaign rally in nearby St. Petersburg, trying to turn out every last vote in this key swing state. The week before, Republicans had made their big bid for Florida at their national convention. Trying to answer that question is what brought Yvette Lewis, the political action chair of the Hillsborough County NAACP, to the picnic. The folks in Rowlett Park come from multiple generations of working-class Tampa families, and Lewis seems to be on a first-name basis with most of them. She threads herself through the clusters of tents, stopping every so often to catch up with a friend or family member, but more often to ask people if they’re registered to vote. “Do you know your status?” she inquires, meaning primarily whether they are eligible to vote because of past felony convictions.
Two Miami-Dade County voters and Hispanic voting groups have asked a federal judge to halt Gov. Rick Scott’s revised to purge voter rolls of non-citizens, saying it comes too close to the Nov. 6 election and remains problematic. Lawyers for Karla Vanessa Arcia and Melande Antoine and a variety of voting-rights groups including the Florida Immigrant Coalition and the National Congress for Puerto Rican Rights, filed the request in a federal court in Miami Wednesday night. The groups reached a settlement with Scott’s administration last week and dropped three other portions of their complaint but now are asking Judge William Zloch to stop the effort. Secretary of State Ken Detzner last month revamped the effort, the subject of multiple lawsuits, and switched to using the federal Department of Homeland Security Systematic Alien Verification for Entitlements, or “SAVE,” database to vet a list of potential noncitizens. The list had been created by matching state driver’s licenses and voter registration records. Detzner said the federal database will result in a less problematic list than one sent to elections supervisors in April. State and local officials abandoned the purge this spring after it was discovered that many of the flagged 2,626 voters were naturalized citizens — including Arcia and Antoine — and, therefore, eligible to vote.
Florida’s attempt to screen voter rolls for non-U.S. citizens is yielding a smaller number than state officials had anticipated. The Florida Department of State announced Wednesday that it used a federal immigration database to verify 207 voters are not citizens. Earlier this year, state officials under Republican Gov. Rick Scott had said they suspected more than 2,600 voters were ineligible and had asked election supervisors to purge those on the list. State officials, however, said the screening process was still a success because it yielded some ineligible voters. Florida’s announcement came the same day that it reached an agreement with voting groups that had challenged the purge, alleging it was discriminatory because they said it mostly targeted Hispanics. The groups that work with immigrants, Haitian-Americans and Puerto Ricans had filed suit in Miami and they are dropping most of their claims “This settlement represents a historic milestone for voting rights in Florida,” said Advancement Project Co-Director Judith Browne Dianis. “It will ensure that naturalized citizens, the majority of whom are Latino, black and Asian, have the same opportunities as all Americans to participate in our political process and exercise the most fundamental right in our democracy – the right to vote.”
U.S. Attorney General Eric Holder agreed Wednesday to accept Florida’s revised early-voting plan for five counties covered by the federal Voting Rights Act. Holder filed his response with a three-judge panel in Washington, D.C. Last month, the panel ruled that a new Florida election law that reduced early voting to 8 days from as many as 14 violated the federal law in the designated counties because they could discourage minority voting. The judges, though, indicated they’d approve a plan that still provided 96 hours of early voting – the same as under Florida’s previous law. The state plan submitted by Republican Gov. Rick Scott’s administration meets that criteria with eight 12-hour days including 12 on a Sunday that weren’t previously offered.
Florida is asking a federal court to approve eight 12-hour days of early voting in five counties, saying it would not harm African-American voters. Gov. Rick Scott’s administration filed papers with U.S. District Court in Washington, saying that 96 hours of early voting, from 7 a.m. to 7 p.m. for eight days, including a Sunday, would comply with the Voting Rights Act. Hillsborough, Collier, Hardee and Hendry counties agreed in writing to hold eight 12-hour days of early voting in an effort to win statewide approval of the new schedule from a panel of three federal judges. Those four counties and Monroe, in the Florida Keys, cannot implement changes to voting without federal approval so that minority voters are protected from discrimination. The state acted despite Monroe County’s refusal to join the other four counties in the state’s request. Monroe wants 12 days of early voting for eight hours each day, saying that is better for Keys voters.
With only 75 days until the November 6, 2012 General Election, more and more news stories are focusing on the increasingly contentious nature of the administration of that election — especially between state and local officials. From voter purges to early voting to a general lack of confidence, state election officials seem to be clashing with local elections administrators on a more frequent basis as summer turns to fall. Interestingly enough — or not — most of these state/local clashes have occurred in swing states. One of the more high profile instances has been in Florida, where Gov. Rick Scott recently threated to remove from office Monroe County Supervisor of Elections Harry Sawyer for Sawyer’s failure to agree with the state’s early voting law. Scott and several elections supervisor butted heads over the state’s plans to review information from the U.S. Dept. of Homeland Security and purge voter rolls of potential non-citizens, but it never reached the height that it has over early voting.
In 2011, Florida Gov. Rick Scott (R) signed into law a measure that imposed more than 75 restrictions on Florida voters, ostensibly to combat voter fraud. These included requirements that make it more difficult for third-party organizations to register voters, limits on early voting and a plan to purge voter rolls of non-citizens. As with many of the voter limitations imposed by Republican state governments since they won election in 2010, these measures are likely to favor Republican candidates — and Florida is the ultimate swing state. Thankfully, a federal judge in Florida has issued a preliminary injunction against the law, which would interfere with the ability of organizations like the League of Women Voters to register voters in time for the election.
A fight over early voting in Florida deepened on Wednesday as an election official who will oversee voting in the Florida Keys in November’s presidential election refused to reduce the number of early-voting days despite a warning from the state’s governor. Harry Sawyer, the supervisor of elections in Monroe County, which includes the Keys, told Reuters he plans to allow 12 days of voting ahead of the election even though a 2011 Florida law cut the number to eight. Florida is among a handful of states that could determine the outcome of the race between Democratic President Barack Obama and Republican candidate Mitt Romney. The issue of early-voting restrictions has also played out in Ohio, another prized swing state, where the Obama campaign filed a lawsuit to legally challenge moves by state officials to reduce the number of early-voting days. Democrats claim early voting restrictions are designed to limit Democratic voter turnout, particularly among working-class voters, who are more likely to work jobs with less flexibility to take time off to vote. Republicans argue the measures are intended to reduce voter fraud.
Gov. Rick Scott issued a statement Tuesday that some read as a veiled threat to the Monroe County supervisor of elections, escalating a conflict over early-voting days in the run-up to the November elections. Harry Sawyer, the Republican supervisor in Monroe, said Monday he didn’t support an effort by Secretary of State Ken Detzner to get federal approval for Monroe and four other counties to reduce the number of early-voting days from as many as 14 to eight. Because of a history of racial or language discrimination, those counties must get “preclearance” from the U.S. Department of Justice or a federal court for any changes to voting policies. The Legislature in 2011 passed a law that included reducing the number of early-voting days statewide, but a three-judge federal court last week rejected that change in the preclearance counties. The panel, however, said it could likely approve a reduction in the number of voting days if all five counties agreed to keep offices open for 12 hours on each of the eight days, which would maintain the same number of hours for voting.
The GOP’s platform committee convened in Tampa, Fla., on Tuesday, expanding the party’s official endorsement of state voter ID laws to include support for similarly divisive proof of citizenship laws. Kansas Secretary of State Kris Kobach (R) submitted an amendment calling for the addition of language to the draft GOP platform expressing support for state legislation that requires voters to show proof of citizenship when registering to vote. The amendment would build on a prior backing of “true, robust photo ID laws,” Kobach said. “We support state laws that require proof of citizenship at the time of voter registration to protect our electoral system against a significant and growing form of voter fraud. Every time that a fraudulent vote is cast, it effectively cancels out the vote of a legitimate voter,” the amendment, later adopted by the committee, read. Kansas and Georgia are the only states that currently have such laws on the books. Measures passed in other states remain mired in legal challenges.
State lawmakers are now pressuring Florida Governor Rick Scott to extend the number of early voting days offered after a federal court ruled the new law could not take effect in some counties. The current law cuts the number of early voting days offered by the state and includes a few other regulations. A federal court ruled last week that the reduction could not be enforced in five Florida counties covered by the Voting Rights Act because it would directly impact the ability of minorities to vote. Because the state wants one unified election plan which covers all of Florida’s 67 counties, officials are now working with the elections office in those counties to bridge the gap.
The fight over early voting is escalating in Florida as Gov. Rick Scott seeks agreement among counties for eight days and Democrats demand 12 days. At issue is whether all 67 counties will operate under one early voting schedule, or five counties — including Monroe — will offer more days than all the others. Days after a federal court ruled that eight days of early voting could depress African-American turnout, Scott’s chief elections advisor tried to get five counties to agree to eight days of early voting anyway — for 12 hours a day. Court approval is critical. Because of past evidence of discrimination, election law changes need clearance from the federal government or federal courts before they taking effect in Monroe, Hillsborough, Collier, Hardee and Hendry counties. Because the judges rejected the shorter early voting schedule in those counties last week, the counties must provide up to 14 days of early voting under the old law.
As was reported widely in the press, if not entirely accurately, last Thursday night a Washington, DC, panel of federal judges handed down a unanimous ruling that restrictions placed on early voting in Florida should continue not to be implemented in the five counties covered by Section 5 of the 1975 amendments to the 1965 Voting Rights Act. Florida, said the judges, “has failed to satisfy its burden of proving that those changes will not have a retrogressive effect on minority voters.” With respect to early voting, House Bill 1355–which was passed on party line votes by the Florida legislature and signed into law by Republican Governor Rick Scott in May 2011–is likely to have a differential impact it is likely to have on racial and ethnic minority voters in the 2012 general election. In addition to my testimony before the US Senate on the topic, I’ve co-authored with Professor Michael Herron of Dartmouth College a soon-to-be published article in Election Law Journal that reveals the heavy reliance of early voting by minorities in the 2008 general election. We found that in the 10 Florida counties that offered voting on the final Sunday of early voting in 2008, there was a surge in turnout among minority voters, especially African Americans. That final Sunday of voting was eliminated under HB1355. Since then, Florida voters have participated in two statewide primary elections in 2012 under a dual system of elections, which very well may violate state law.
Stick a pin almost anywhere on a map of Florida and you’ll find a legal battle over who will be eligible to vote in the coming presidential election — and when, and how, and where. In a state crucial to Mitt Romney’s battle to replace President Obama, a law passed in 2011 by the Republican legislature and signed by Gov. Rick Scott (R) has created an awesome wake of litigation. The law imposes more than 75 changes, including restrictions on who can register voters and limits on the time allowed for early voting. Sponsors of the measure said it creates a more reliable system that combats voter fraud, while opponents, a group that included every Democratic lawmaker, called it a partisan ploy to suppress voters who traditionally favor Democrats. But unlike the frenzied trip to the U.S. Supreme Court that followed the close of voting in the 2000 presidential race, the Sunshine State’s legal battles are being waged in advance of the November vote.
Twelve years after Florida decided the 2000 presidential election, one of the nation’s biggest swing states is confronting a legal and political quandary over its voting standards. A federal court in Washington D.C., ruled late Thursday that new restrictions on early voting passed by the Republican-controlled Florida Legislature cannot take effect in five counties covered by federal voting laws. The ruling — which said the changes could hurt participation by blacks — raises the prospect of having longer early-voting periods in places such Tampa than in urban areas such as Miami, Fort Lauderdale and Orlando. Some voting groups — and Democratic politicians — called on Republican Gov. Rick Scott to immediately force all counties to impose the same time period for early voting. The law passed last year kept the maximum total hours of early voting hours the same, but it reduced the days in which early voting was available. The Scott administration on Friday was still reviewing the 119-page ruling.
Hans von Spakovsky, the controversial Bush administration official who writes in support of restrictive voting laws, worked with the office of Gov. Rick Scott on the rollout of Florida’s voting list purge, according to documents shared with TPM. Emails show that Scott’s communications staff planned to offer von Spakovsky up to local radio station as an expert on Florida’s effort to purge their voting lists back in June. While the purge targeted non-citizens, the state was using faulty data that included numerous legitimate voters.
The state’s top election official said Tuesday that he expects Florida’s efforts to purge non-citizens from voter registration rolls to soon resume and be completed before the Nov. 6 general election. Florida is on the verge of getting access to an immigration database from the federal Department of Homeland Security, Secretary of State Ken Detzner said shortly after polls opened for the state’s primary election. Republican Gov. Rick Scott began the push to rid Florida’s voting rolls of illegally registered non-citizens, but Homeland Security initially declined to help. Federal officials, however, said they’d make the database available after a federal judge refused to halt the purge, but both sides are still working on the details of a final agreement. “We are making some progress, just recently, the last few days in actually getting access to the database,” Detzner said.
It took weeks and weeks, but the state of Florida on Thursday finally released a list of 180,506 voters whose citizenship is in question, based on a cross-check of a database of Florida drivers. But state officials called the list “obsolete” and said they would not use it to “purge” anyone from the right to vote this fall — leaving open the possibility that some noncitizens could cast ballots. The list includes voters’ names, dates of birth, and their nine-digit voter ID numbers. Information on voters’ race, party affiliation home address was not included, and the state said that data was not part of the information the state used to create the list. An initial review by the Times/Herald showed that people with Hispanic surnames have a strong presence on the list, including 4,969 people with the first name of Jose; 2,832 named Rodriguez; 1,958 named Perez and 1,915 named Hernandez.
A lawyer for Gov. Rick Scott’s administration on Friday said Florida won’t stop using two conflicting election laws, depending on the county, even if opponents of the dual system win an administrative law challenge. Two nonpartisan groups and a Democratic state senator contend the state violated rule-making requirements by directing local election officials in 62 counties to follow a new law even though the other five, all covered by the federal Voting Rights Act, have to adhere to an old one. They also argue the dual system violates another state law requiring a uniform election system but acknowledged it’ll probably take further litigation to require that all 67 counties stick with the old law until a federal court in Washington, D.C., decides if the new statute complies with the Voting Rights Act. “This would be the first step,” said Howard Simon, executive director of the American Civil Liberties Union of Florida, after an administrative law hearing. “If we win here, in order to secure uniform elections in Florida we might have to go to another court.”
The U.S. Department of Justice sent subpoenas to nine of Florida’s county election supervisors, demanding extensive information as to how the counties may have sought to remove non-citizens from the voter rolls. The information must be provided by Wednesday, Aug. 15 — the day after next week’s statewide primary election. The biggest county, Miami-Dade, had the most potential noncitizens identified. But, the county says, it only removed about 13 people who affirmed in writing or on the phone that they were noncitizens.
The U.S. Department of Justice is demanding that Hillsborough turn over voter-purge records, pulling the county into a growing legal fracas over Gov. Rick Scott’s push to clean out the state’s voter registry. The county received a subpoena Wednesday for documents dating to Jan. 1 relating to any efforts at identifying voters as potential noncitizens. The subpoena stems from a lawsuit filed June 12 in Tallahassee by the federal government against Florida and Secretary of State Ken Detzner over state efforts to scrub voter rolls. Hillsborough Elections Supervisor Earl Lennard said he would comply with the subpoena. Like supervisors across the state, Lennard halted efforts to purge voters when the tools to cross-reference citizenship and voter registration — a Department of Homeland Security database and motor vehicle records — proved unreliable, he said.
The U.S. government wants to block Florida from resuming its purge of suspected noncitizens from the voter rolls, saying it would violate federal law. The Justice Department filed papers in U.S. District Court in Tampa accusing the state of ignoring a requirement that it first obtain approval for such action because five Florida counties are subject to federal pre-clearance of changes in voting procedures: Hillsborough, Collier, Hardee, Hendry and Monroe. The removal of noncitizens in a presidential election year has mushroomed into a major controversy, with Democrats and left-leaning voter advocacy groups accusing Gov. Rick Scott and the Republican Party of using the purge to suppress voter turnout in a state widely seen as a must-win for both presidential candidates.
