Florida Election Law

The latest in Florida Election Law issues, cases, legislation, and news.

A personal blog of

Ken Tinkler.

  

  

 

Copyright 2016 Ken Tinkler

Redistricting maps gain additional approvals

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Per the Palm Beach Post and other sources – the U.S. Department of Justice precleared Florida’s redistricting efforts (State and Federal) under Section 5 of the Federal Civil Rights Act.  The submitals for preclerance are online at the State’s Redistricting website.  In Leon County (Tallahassee) Circuit Court, a judge also denied Motions for Summary Judgment tied to other challenges of the State’s redistricting maps.

Florida Supreme Court approves 2nd Senate Redistricting Map

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The Florida Supreme Court today, in an opinion, approved the Florida Senate’s second attempt at a redistricting map. 

“In the prior proceeding, this Court directed the Legislature to adopt a new joint resolution of legislative apportionment conforming to the judgment of the Court. Pursuant to this Court‘s directive, the Legislature adopted a revised Senate apportionment plan that sought to remedy the constitutional infirmities apparent on the face of the invalidated Senate plan. In this proceeding, we conclude that the opponents have failed to demonstrate that the revised Senate plan as a whole or with respect to any individual district violates Florida‘s constitutional requirements. Therefore, pursuant to article III, section 16(c), of the Florida Constitution, the Court enters this declaratory judgment declaring the revised Senate apportionment plan as contained in Senate Joint Resolution 2-B to be constitutionally valid under the Florida Constitution.  No motion for rehearing shall be entertained. This case is final.  It is so ordered.”

Resources: 2012 Redistricting Cases

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The Florida Supreme Court has posted their docket for the 2012 Florida Senate Redistricting case.  The Leon County Clerk of the Court has also posted documents from the challenges to the state’s redistricting process for congressional seats.  As reported by the AP (via News-Press), hearings will be held this week on both topics.

Florida Election Litigation Update

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An update for you on the election litigation related to HB1355 that is ongoing in the State of Florida.  The Orlando Sentintel reports that the U.S. District Court for the District of Columbia (where the State filed its request for preclearance of sections of HB1355 under the Federal Voting Rights Act) views it unlikely that a decision will be reached before Florida’s August 14th primary election.  As outlined on this blog in the past, right now there are two voting systems in Florida – one system for 62 counties (the news post-HB1355 system) and one for 5 counties (the pre-HB1355 system). 

The Election Law website at the Ohio State University’s Mortiz College of Law has done an excellent job cataloging the major docket filings in the League of Women Voters v. Browning and Florida v. U.S. cases.  If you’re up for 585 pages of reading, two depositions in the LWV case are posted at their website.

Court upholds Florida party switching time limit

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The Tampa Bay Times and Miami Herald are reporting that a Leon County Circuit Judge has ruled against former Sen. Nancy Argenziano in her bid to have Florida’s 1 year restriction on changing political party affiliation deemed unconstitutional.  Leon County’s Clerk usually posts their high profile orders online, once it’s available I’ll add a link.  The news reports state that the court focused on the fact that Argenziano could have run for office as a member of Florida’s Independent Party (which she was a member of one year before the qualification date) or without party affiliation and that similar laws had been previously held to be valid.

Court Hearing on Florida Election Law Challenge (and Cat/Dog election issues)

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The litigation related to last year’s changes to Florida’s election laws continues, here are some status updates from Politico and from a website associated with the Plaintiffs in the case:  Brennan Center 

Many of the filings in the case are also available online at ther Mortiz College of Law site. 

And if you need a good laugh – make sure you check out the Washington Post’s coverage of Hank (the cat) for Senate and the SuperPAC that has formed to oppose him.

Tampa Election Law Hearing

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The Senate Judiciary Committee’s Subcommittee on the Constitution, Civil Rights and Human Rights conducted a field hearing in Tampa today on Florida’s 2011 election law changes.  The Subcommittee’s webpage has the printed witness testimony (links on the right side of the subcommittee page).   The Tampa Bay Times and Bay News 9 (video) provide local coverage.  Cooper Levey-Baker of The Florida Independent live-blogged the event.