|
Advocacy Blog
Friday, August 08, 2008
Decision in Florida Third Party Voter Registration Case
On April 28, 2008, the Brennan Center, filed a lawsuit on behalf of the League of Women Voters (LWV) of Florida, the AFL-CIO of Florida, and the American Federation of State, County and Municipal Employees (AFSCME) Council 79, challenging a revised Florida voter registration law that imposes excessive fines on voter registration groups and risks preventing eligible Florida citizens from registering and voting in the 2008 elections. The law does not have any exceptions for innocent mistakes or potential state misconduct.
The law creates a punishing and complicated tiered regime of deadlines and fines: $50 fines for each form turned in more than 10 days after collection; $250 for each form turned in past a registration deadline; and $500 for each lost form. The fines apply to each and every form that is lost or late. The fines are $250, $500 and $1000, respectively, for any group or individual found to have done any of the above willfully. Plaintiffs argue that even with reduced—but significant—fines, the law is so vague that its cumulative effect could be just as risky to non-profit voter registration groups largely operated by volunteers as the earlier version of the law.
The LWV sought a preliminary injunction to prevent the Secretary of State from enforcing the law. They argue that the law continues to be too vague and does not provide sufficient information of its enforcement. "Amended Law has impermissibly 'chilled' their First Amendment rights and will negatively affect general voter registration and, in particular, will affect those who rely on Plaintiffs to participate in the political process most harshly, such as disabled persons and members of low-income communities." Their request for a preliminary injunction was denied on Aug. 6.
The court argues that the revised version of the law should ease the parties' complaints. According to the court, the changes made to the law "substantially reduce the alleged burdens imposed on Plaintiffs' First Amendment rights." The court further argues that the law is in the best interest of the state; "ensuring voters are properly and timely registered, Florida's interests in protecting its voters are equally impaired by unintentional or negligent mishandling of registration applications."
Posted by Amanda Adams
|