Election bill dead for this session?
April 27, 2009
Numerous reports, including this one in the Miami Herald, indicate that leader of the Florida House of Representatives does not think there is enough time left in this session for the proposed elections bills. With the legislative session looking at either an extension or a special session this year, we’ll see what happens.
More on SB956
April 21, 2009
The latest summary of the changes proposed in Senate Bill 956 is:
- Expressly providing that the Florida Election Code preempts any local provision regarding elections unless otherwise specifically provided by law.
- A substantial revision to third party voter registration organization requirements.
- The removal of retirement center identification and neighborhood association identification from the list of identifications that may be used at the polls or by certain first time voters.
- Prohibiting persons or groups from soliciting voters within 100 feet of the line in which voters are standing to enter a polling place or early voting site. Authorizing leadership funds.
- Requiring marksense ballots to be printed by precinct.
- Allowing an overseas voter to request, receive, or return an absentee ballot or ballot materials by electronic transmission, including e-mail or fax, if the Department of State can establish the security of the transmission.
- Revising the times when the Election Canvassing Commission must meet to certify an election to 9 a.m. on the 9th day after a primary election and 9 a.m. on the 14th day after a general election. Requiring supervisors of elections to be elected on a non-partisan basis.
- Provisions regulating paid petition circulators, including registration and the invalidation of petitions not in compliance with the act as well as offering a voter another opportunity to sign a petition to replace the one that is invalidated.
Whatever you think of the other proposed changes (and there are many articles regarding that, including a potential veto), the preemption of local authority to the state jumps out as an issue not mentioned in most articles. The past election cycle included several disputes between state and county officials regarding election law interpretation and this proposal appears to be an attempt to move away from local control. I’ve also not seen any discussion of whether the U.S. Dept. of Justice would preclear these kind of changes - although preclearance under the Voting Rights Act is itself presently under review by the U.S. Supreme Court.
Senate Bill 956: Relating to Elections
April 16, 2009
As reported in the NY Times and St. Pete Times, the former “shell” bill SB956 has become the placeholder for a series of proposed elections changes. So far, the potential changes are listed in the committee amendments section - it’s schedule for a committee hearing Thursday afternoon.
Tie vote
April 13, 2009
The City of Eagle Lake is dealing with a recount-confirmed tie vote, according to NewsChief.com. Seven voters did not pick a candidate, and the remaining votes from the less than 20% turnout resulted in a tie. Fla. Stat 100.181 speaks to this: “such persons shall draw lots to determine who shall be elected to the office.”
America Votes! Supplement
April 2, 2009
I contributed a chapter to the American Bar Association to the America Votes! Supplement - just published today.
