Florida
Judge Blocks Parts Of New Florida Election Law
Topline
A federal judge blocked parts of Florida’s new elections law Monday that restricted third-party organizations that register people to vote—calling it the state’s “latest assault” on voting rights—part of a string of recent court rulings taking aim at Florida Gov. Ron DeSantis (R) and his allies’ policies as the governor launches his presidential run.
Pinellas County residents go to cast their voting ballots on November 8, 2022 in St. Petersburg, … [+]
Key Facts
U.S. District Judge Mark Walker issued a preliminary injunction blocking two parts of Florida’s sweeping new election law SB 7050, which took effect July 1, writing in his decision that the “Free State of Florida is simply not free to exceed the bounds of the United States Constitution.”
The ruling blocked a part of the law that barred noncitizens from registering people to vote—even if they’re legally residing in the U.S.—which Walker ruled was likely in violation of the Fourteenth Amendment’s Equal Protection Clause for discriminating on the basis of not being a citizen.
Walker, an Obama appointee, also blocked a part of the law that made it a felony for third-party voting organizations to retain any voter information, ruling it was overly vague and not clear if it would penalize groups from keeping information like email addresses or phone numbers to keep in touch with voters.
The text of the statute is “so devoid of meaning that it cannot possibly give people of ordinary intelligence fair notice of what information they are allowed to retain,” Walker wrote, noting that the state’s “insistence” in court that the statute would only cover personal information “offer[s] little solace to individuals facing a felony prosecution.”
Walker’s ruling did not affect other parts of the election law, which includes a provision that makes it possible for DeSantis to run for president without resigning his role as governor.
DeSantis’ office has not yet responded to a request for comment.
Crucial Quote
“The State of Florida is correct to seek integrity in our electoral system. … Here, however, Florida’s solutions for preserving election integrity are too far removed from the problems it has put forward as justifications,” Walker wrote. “It is no answer to assert the Florida Legislature’s work here was ‘good enough.’ … The United States Constitution demands more than “good enough.”
Chief Critic
The Florida government had opposed the lawsuit, which was brought by voting rights organizations, and their request for a preliminary injunction, writing in a court filing that “the Florida legislature gets to choose the policies” and third-party voting groups are “the source of endless complaints.” “Regulating them makes sense,” Florida Secretary of State Cord Byrd (R) wrote in a court filing. Walker noted in his ruling that the state justified the ban on noncitizens registering people to vote because of a fear that they “may leave the country before they can turn in such applications,” but said the state did not provide any evidence showing there is a legitimate risk of that being a widespread issue.
What To Watch For
The state is expected to appeal Walker’s ruling, which could result in the provisions either being more permanently struck down or allowed to go back into effect. Politico notes that other voting rights rulings Walker’s issued have had mixed success in appeals court, which most recently reversed a previous decision by Walker that blocked restrictions on ballot drop boxes.
Key Background
The election law is part of a slew of new legislation that Florida’s GOP-controlled legislature passed during its general session this spring, along with other policies like a six-week abortion ban, concealed carry, immigration restrictions and expanding restrictions on discussing sexual orientation and gender identity in schools. The legislative session was widely seen as a way to bolster DeSantis’ presidential campaign—which he formally announced right after the session ended—by giving him a tranche of conservative policy wins to point to in his campaign. Courts have repeatedly taken aim at some of the policies in recent weeks, however. In addition to Walker’s voting ruling, the state’s new restrictions on drag performances was also blocked in court in June, as were Florida’s bans on Medicaid coverage for gender-affirming care and gender-affirming care for minors.
Further Reading
Florida Legislature passes bill allowing DeSantis to run for president as governor (Politico)
DeSantis vs. the courts: How many of the Florida governor’s plans have been blocked? (The Daytona Beach News-Journal)