Florida Election Law Update

This time last year we reported on a new election law in Florida that drastically restricted third-party voter registration efforts. The 2011 law required that completed registration forms be submitted within 48 hours (groups previously had 10 days) and imposed strict fines for each late registration form. This requirement severely hampered the ability of nonprofits to conduct voter outreach, and even forced the League of Women Voters to halt their registration efforts in the state.

But yesterday, a federal judge granted a preliminary injunction blocking certain provisions of the law. Judge Hinkle blocked the 48-hour return requirement, calling the deadline "harsh and impractical". The injunction also blocked a provision that would open up volunteers to possible felony charges for registering ineligible voters (even if unknowingly). He noted that "If the goal is to discourage voter registration drives and thus also to make it harder for new voters to register, this may work."

The timing of the injunction is important because "when a plaintiff loses an opportunity to register a voter, the opportunity is gone forever." Hopefully this ruling will once again allow Florida's 501(c)(3) nonprofits to safely register their community members ahead of the 2012 election. RSVP for our June 14th webinar for more on nonprofit voter registration.

While much of the law remains intact (including the shortened early voting period), it is not clear yet if the state will appeal. Meanwhile, the Department of Justice is still conducting a separate federal lawsuit challenging the law under the Voting Rights Act.

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Texas Maps on Trial

The U.S. Supreme Court has agreed to hear an appeal from Texas Republicans over whether a panel of federal judges acted properly when it replaced the state legislature's congressional map with its own.

The judges' map was the result of a lawsuit that claimed the legislature-drawn map did not give adequate opportunity for minority groups to elect representatives of their choosing, as required by the Voting Rights Act. Texas gained four congressional seats from the 2010 Census--65% of the state's new residents were Latino--yet only one of the four new districts was majority-minority.

Oral argument is set for January 9, and in addition to the implications for voters, a New York Times article highlighted the plight of Texas elections officials who are now stuck in a holding pattern. With less than 90 days before Super Tuesday (March 6), election preparations should be well underway. Instead they are stalled because there are no districts: ballots have not been programmed, proofed or printed, machines have not been tested, voter registration cards haven't been printed or mailed, and poll workers haven't been trained.

However the maps are ultimately drawn, the case has already impacted the election schedule, and has the potential to affect voter turnout and county budgets. Even candidates have been unable to file because their districts simply don't exist. However the Supreme Court rules, the outcome could forever change the way our districts are drawn.

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