States Are Improving Elections in 2013

This year has seen a number of new laws that will improve ballot access and streamline the election process for both voters and elections officials.

Colorado recently passed the Voter Access and Modernized Elections Act that includes provisions for Election Day Registration and portable registration, in addition to creating a bipartisan task force to study voting changes and consider future reforms.

Last month, Florida Governor Rick Scott signed HB 7013 into law which will take effect January 1, 2014. The new law increases the number of early voting days and hours allowed, expands the types of sites that can be used as early voting locations, allows new residents to change their addresses at the polls, and gives absentee voters who forgot to sign their ballot the opportunity to correct the mistake.

In addition to expanding early voting, Maryland will allow same-day registration during the early voting period beginning in 2016. Both Virginia and West Virginia have passed online voter registration, bringing the number of states that have passed or implemented online registration to nineteen.

Florida Set to Overhaul Elections

It seems Florida will once again be making changes to its election law: the Senate passed HB 7013 that Governor Rick Scott has indicated he will sign.

The bill counteracts much of the 2011 law that truncated early voting, changed provisional ballot rules, and stiffened rules on voter registration. These changes--combined with record turnout and a particularly lengthy ballot--meant that some Floridians waited in line six hours to vote on November 6th. HB 7013 seeks to improve the election experience by:

• Increasing the number of early voting days and the hours allowed each day. Supervisors of elections must offer at least 64 hours of early voting over the course of 8 days, with a minimum of 8 hours each day, but may offer up to 168 hours over 14 days, with 12 hours each day--allowing once again for the possibility of Souls to the Polls on the Sunday before Election Day.
• Expanding possible early voting locations. Elections supervisors may now hold early voting at civic centers, convention centers, county commission buildings courthouses, fairgrounds, and government-owned community centers, and government-owned senior centers. Currently, early voting can only be held at supervisors' offices, city halls, or public libraries. 
• Allowing new county residents to change their addresses at the polls on Election Day and vote by regular ballots rather than provisional ballots. 
• Allowing absentee voters who forget to sign a ballot to correct their mistake. Thousands of unsigned ballots were invalidated in 2012.
• Limiting Legislature-proposed amendment ballot summaries to 75 words or less. (The word limit can be exceeded if summaries need to be rewritten because the Supreme Court strikes them down for being misleading.)

If signed by Governor Scott, the law will take effect January 1, 2014 and applying these changes ahead of the next midterm election.

Long Lines Discouraged 49,000 Voters in Central FL

After the November election, we reported on long lines in a number of states. Now, a new report suggests that as many as 49,000 people in Central Florida did not cast a ballot because of extended waiting times.

Theodore Allen has been analyzing the impact of long lines at the polls since 2004. His analysis of Central Florida's 2012 results compared precinct closing times, Election Day turnout, and results in the presidential race for all Lake, Orange, Osceola, and Seminole county precincts.

His review indicated that for every additional hour that a precinct stayed open past 7 pm--an indicator of line length throughout the day--turnout dropped by as much as 4.8%. Allen suggests that longer ballots (six pages in Orange County) likely caused longer lines which in turn suppressed turnout. Additionally, fewer early voting days probably contributed to longer wait times on Election Day. Many Central Florida voters waited in line for three or more hours after the polls officially closed.

Whatever the contributing factors, voters simply cannot be expected to set aside hours to cast a ballot. We need to focus on ways to improve access to the ballot, and can start by expanding early and absentee voting opportunities. Additional voter education can also help reduce the amount of time voters spend filling out their ballot. Let's kick 2013 off right and resolve to eliminate long lines at the polls.

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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Why We Should Restore Ex-offender Voting Rights

The Florida Parole Commission released a new study showing that an ex-offender whose civil rights have been restored is much less likely to return to prison than others in the released prisoner population.

Of the 30,672 former Florida felons that had their voting rights restored in 2009 and 2010, about 11% ended up back in custody. The recidivism rate for the overall released prisoner population is 33%.

Unfortunately, in March of this year, Governor Rick Scott and members of his Cabinet voted to eliminate the automatic restoration of voting rights for convicted felons. They claim that only individuals who have demonstrated a commitment to living a crime-free life should be eligible to vote, and that the (minimum) 5 year waiting period would provide the opportunity for ex-offenders to show that commitment.

However, the report contradicts the governor's decision, and shows that streamlining the clemency process and restoring voting rights produces tangible benefits for both the individual and the community. In Florida, nearly 90,000 ex-offenders are currently waiting to have their civil rights restored. Let's hope this report makes Governor Scott reconsider how long they should have to wait to vote again.

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Rx Democracy! Weighs in on Florida Legislation

Dr. Rishi Manchanda, founder of our partner Rx Democracy! recently responded to proposed legislation in Florida (House Bill 1355--which has been passed--and Senate Bill 2086) and explained why all medical professionals should take note.

In addition to making it more difficult for "college students, military personnel, low-income and minority voters and anyone who might change addresses" to vote, Manchanda believes that the proposed law will also negatively effect health professionals. Like all working Americans, health professionals benefit from the flexibility of early voting options and in Florida about a third of voters cast their ballot before Election Day in 2008.

Proponents of the legislation argue that new measures are needed to prevent voter fraud, but Manchanda points out that between January 2008 and March 2011 there were 31 cases of alleged voter fraud, with only three resulting in arrests. In fact, "it is more likely that a person will be struck by lightning than be impersonated by another voter at the polls."

Rx Democracy! believes that a strong democratic process and high levels of participation, particularly among the most vulnerable, are essential for creating healthy communities. Read the full piece, also available via the Huffington Post.

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Florida Also Limits Felon Voting Rights (Again)

Last week, Florida Governor Rick Scott reversed a 2007 decision made by then-Governor Charlie Crist that automatically restored voting rights to nonviolent ex-offenders. Unfortunately, ex-offenders in Florida will once again face high hurdles in order to have their rights restored.

Sound familiar? Probably because this is reminiscent of an executive order made by Iowa Governor Terry Branstad in January that once again requires felons to petition the governor individually to have their voting rights restored.

The Brennan Center has summarized the key points of the new Florida rules:

• Even people with nonviolent convictions must wait five years after completing all terms of their sentence before being allowed to even apply for restoration of civil rights.
• The clock resets if an individual is arrested for even a misdemeanor during that five-year period, even if no charges are ever filed.
• Some people must wait seven years before being able to apply, and must appear for a hearing before the clemency board.
• A provision allowing people to apply for a waiver of the rules was eliminated.

Prior to last week's change, African Americans were already excluded from the polls at more than twice the rate of other Florida citizens. Not counting those currently serving a criminal sentence, 13% of the voting-age African-American population in Florida has lost the right to vote, representing nearly a quarter of those who are disenfranchised in Florida.

At a time when many states are finally relegating these Jim Crow relics to the past, it is troubling that states like Florida and Iowa are focused on reversing the progress that's been made.

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