FL is the bellwether state for voter disenfranchisement

By Michael Moline Florida Phoenix

On September 19, 2023

The book “Laboratories of Democracy: A New Breed of Governor Creates Models for National Growth” appeared in 1988, positing that individual states were poised to experiment with progressive policies that could transform the political landscape if adopted in other states or at the national level. 

A new edition might be called “Laboratories of Autocracy,” since Republican-run states these days are experimenting with ways to disenfranchise Democratic constituencies, stack the courts against progressive initiatives and cement their control over this country one state at a time. 

The dust cover could feature the smiling mug of Florida’s governor, Ron DeSantis, the Republican presidential candidate who since the Black Lives Matter summer three years ago has pushed an ever-more-reactionary campaign against marginalized communities, not least at the voting booth. 

“We trust Floridians to make the best decisions for themselves and that that should not be solely placed in the hands of the government – and that is what is happening under this particular administration,” said Jasmine Burney-Clark, founder of Equal Ground, a community organizing group. “We also believe that this particular administration is obviously being run under authoritarian rules. It is the entry point for legislation that is seeping into state legislatures across the nation.” 

Crackdowns 

DeSantis and the malleable Florida Legislature have cracked down on political protest, asylum seekers, the LGBTQ+ community, and women and trans men who might need abortions, among others. 

He’s lashed out at progressive allies as well, including two elected state prosecutors he suspended from office over political differences involving abortion and trans rights. He even targeted The Walt Disney Co. over its mildest of rebukes over his “Don’t Say Gay” law, restricting even the mention of LGBTQ+ people in public schools. 

“I would probably describe it as one of the most volatile states, given that every single civil rights issue is up for grabs in our Legislature,” Burney-Clark said. “We are actively working to hold onto democracy as our state is working actively to weaken the rights we have as Floridians.” 

Floridians aren’t taking this lying down. Litigation forced the Legislature this year to appropriate more than $16 million to cover the governor’s legal bills. 

The Florida Rights Restoration Coalition sued the state in federal court in Miami alleging the state has erected barriers to felons hoping to regain their voting rights under 2018’s Amendment 4, which the organization sponsored. 

The Legislature and the courts have interpreted that measure to require payment of any legal financial obligations – meaning fines, fees and restitution – before felons can lawfully register, but the state still has no central database to let former offenders learn their status. 

Desmond Meade 

Separate litigation alleges the state’s voter registration form lacks eligibility requirements for those with criminal convictions and “creates confusion, impedes the organizations’ voter registration activities and puts people in danger of criminal penalties.” 

Additional legislation over the past three years provides criminal penalties for people who submit absentee ballots on behalf of nonfamily members or provide food or water for people waiting in line to vote, although some of its worst aspects have been enjoined. 

“I would assume that one of the goals of a government is to encourage citizens to participate in democracy, and we have to come up with ways to encourage our people to participate in democracy and not discourage our people from doing that,” said Desmond Meade, founder of the coalition. 

‘Wet’ signatures 

We’re still awaiting a court date on a lawsuit challenging the state’s requirements that a “wet signature” – one signed in ink – accompany any voter registration form. That would require people to register in person or by snail mail and not electronically or by fax. Voting rights groups argue that violates the 1965 Voting Rights Act. 

Another lawsuit targets barriers against groups staging voter registration drives. Former felons and non-U.S. citizens are barred from registering voters, subject to $50,000 fines. Voter registration groups that must collect information including drivers’ licenses, Social Security numbers or signatures can’t retain that information to defend themselves against any subsequent complaints, in the face of civil and criminal penalties. 

A federal judge has enjoined enforcement of portions of the law. 

Oh, and state law requires groups to give registrants a state-provided receipt containing the name of the applicant, the date the application was received, the name of the third-party voting registration group, the name of the person who accepts the registration form, the applicant’s political party and the county where the applicant lives. 

Problem: The state doesn’t have to provide these forms before Oct. 1. That’s put a definite crimp in voter registration efforts ahead of an epochal presidential election next year. 

“It slows the process and I think that was the intent of what they wanted to be done,” said LaVon Bracy, director of democracy for Faith in Florida. 

This piece was republished from the Miami Times.