ACLU, Project Vote File to Join Federal Court Review of Voter Suppression Act

By Project Vote August 26, 2011
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Voting rights groups filed a Motion to Intervene in the United States District Court’s review of the Voter Suppression Act (formerly House Bill 1355), which, if approved, will make it “harder for Floridians to register to vote, harder to vote, and harder to have that vote counted.”

According to a press release issued by the ACLU and Project Vote:

“Governor Rick Scott and Secretary of State Kurt Browning removed the most discriminatory and regressive portions of the Voter Suppression Act from review by the United States Department of Justice under the Voting Rights Act. With just days remaining before a decision deadline, the state chose instead to initiate a legal review of the provisions by the US District Court in the District of Columbia – a process which will take longer, cost more and continue the confusion and uncertainty surrounding Florida’s voting laws.”

The controversial provisions that are subject to review by the court are:

  • Limiting access to early voting by decreasing the number of early voting days including a new outright ban on early voting the Sunday before an election
  • A new requirement that voters changing their address between counties on Election Day must use provisional ballots which are easier to challenge and only counted about half the time
  • Strict new rules on “third party” voter registration groups including fines, registration requirements and time limits on non-partisan civic groups conducting voter registration efforts
  • Restricting access to amending the Constitution by cutting by 50% the time a citizen’s signature is considered valid on an initiative petition

The landmark Voting Rights Act includes a provision to require any jurisdiction with a history of discriminatory voting practices to seek federal approval (usually through the DOJ) before changing election law. “As the DOJ would have done, the District Court will determine whether the voter suppression provisions are allowed under the Voting Rights Act which protects voters in five Florida Counties (Hillsborough, Collier, Monroe, Hendry and Hardy) known as covered jurisdictions,” according to the release.

Secretary Browning claims that the reviewed provisions are already in effect in non-covered jurisdictions, “effectively creating two sets of election laws” in the other 62 counties, according to the release. The voting rights groups have a pending request for an injunction blocking implementation of the new law in all counties until they can be reviewed for their legality under the Voting Rights Act.

“The costly legal course the Governor and Secretary of State have chosen proves without question that they will do anything – spend anything – to stack the deck in upcoming elections,” said Simon.