Florida Election Law

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

A personal blog of

Ken Tinkler.

  

  

 

Copyright 2016 Ken Tinkler

Can Democrats vote on January 31st? It depends on where you live.

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Florida is a “Closed Primary” state, meaning only voters who are registered members of the political party holding a primary election can vote in that primary election.  Some cities, counties, and special districts, however, are also using the Presidential Preference Primary date to conduct other elections, such as referendums and other ballot measures.  For example, the City of Flagler Beach scheduled their municipal elections in conjunction with the January 31st primary and the City of Temple Terrace is holding a referendum on tax exemptions for economic development.  Check your local Supervisor of Elections website to see if you are eligible to vote on an issue on January 31st even if your political party is not holding a primary.

New lawsuit filed challenging HB1355 voter registration provisions

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The League of Women Voters of Florida, the Florida Public Interest Research Group, and Rock the Vote have filed a federal lawsuit challenging the State’s changes to the State’s voter registration process through HB1355.  The section specifically challenged is Section 4 of the bill (Laws of Florida, 2011-40 – see page 9 of this PDF).  They allege violations of the National Voter Registration Act of 1993 and the Voting Rights Act of 1965.  News stories on the suit are online at the Palm Beach Post, TBO, and the Miami Herald.

UPDATED: Suit filed over Florida’s political party change law

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The Palm Beach Post and Miami Herald are reporting that former state senator Nancy Argenziano has filed a lawsuit challenging as unconsitutional a portion of HB1355 that prevents a candidate from switching political parties less than 365 days before qualifying to run for office.  Here is what HB1355 requires that candidates attest to:  “That the person has not been a registered member of candidate for nomination for anyother political party for 365 days before the beginning of qualifying  preceding the general election for which the person seeks to qualify.”

 

Update:  The Leon County Clerk of the Circuit Court has added the pleadings in this case to its “High Profile Cases” section on its website.

Senate hearing to be held in Florida regarding election laws

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In a letter this week, posted online by the Tampa Tribune, Sen. Dick Durbin responded to Sen. Bill Nelson’s request that the Senate Judiciary Committee’s Subcommittee on the Constitution, Civil Rights and Human Rights investigate HB1355 by agreeing with Nelson’s concerns and stating he will conduct a field hearing in Florida.  No date for the hearing has been set yet, but the ACLU, according to the Orlando Sentinel, is requesting Durbin hold three hearings before the Florida Presidential Primary in January.

Florida election litigation update

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Two updates this week related to past stories on this blog. 

As explained in the Palm Beach Post, the ACLU and League of Woman Voters challenge to the implementation of HB1355 was dismissed as moot and for a lack of standing and ripeness.  The District Court found that most of the law had been precleared and that the few remaining sections under review by the U.S. District Court for the District of Columbia were not being enforced in the five Florida preclearance counties.  The District Court held that “[t]he State is allowed to prepare for legislation that has been passed and implemented in non-covered counties.” 

Meanwhile, I’ve enjoyed the headlines this week in the Orlando Sentinel’s Central Florida Political Pulse blog:  “Florida to federal court: Hurry up already” & “Florida election fight becomes battle royale” – the litigation over the State’s request to preclear the remaining sections of HB1355 (or strike down Section 5 of the Voting Rights Act as unconstitutional) continues with the State requesting an expedited review and the District Court allowing 29 interveners to join the case.

Florida challenges the Voting Rights Act

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A surprising development in the preclearance saga of HB1355, the State has filed a First Amended Complaint seeking to have the court declare the preclearance obligation in Section 5 of the Voting Rights Act unconstitutional.  To recap my past posts on this topic: under the Federal Voting Rights Act, the State of Florida has to “preclear” changes to election laws.  Preclearance can be done throught the U.S. Department of Justice or by filing suit in D.C.  The State initially sought U.S. DOJ approval, but then withdrew several of the proposed election law changes and filed suit in D.C. 

The State now alleges that preclearance itself is “not a rational, congruent, or proportional means of enforcing the Fourteeth and/or Fifteenth Amendments” to the U.S. Constitution.  The Secretary of State has published a press release contesting the 1972 process that placed Collier, Hardee, Hendry, Hillsborough, and Monroe counties under the preclearance requirement, claiming it does not reflect current conditions.  The Secretary does not appear to address the fact that there is a process in the Voting Rights Act that would allow a county to end the preclearance obligation.  That process is certainly not an easy one, as it also requires a local government to file suit in D.C. 

The ACLU has responded with a press release.  Here are some of the stories from around the state on this issue:  Palm Beach Post, Miami Herald (AP Story), Tampa WFTS,  & Florida Times Union.

HB1355 Precleared – in part

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With the exception of the major pieces of the legislation that the Secretary of State asked a Federal court to review, the Department of State has announced that they have received Voting Rights Act preclearance by the U.S. Dept. of Justice of the remaining pieces of HB1355, making them effective within the entire state.  The pieces of the law that remain in limbo relate to: Section 4 – Relating to 3rd Party Voter Registration Organizations, Section 23 – Relating to Petition Signature Verification, Section 26 – Relating to Out-of-County Address Changes at the Polling Place, and Section 39 – Relating to Early Voting Hours.