Judge Orders Information on New Elections Bill
The bill, which received final approval from the House on March 9 after earlier passing the Senate, drew heavy debate over issues such as creating an office at the Department of State to investigate alleged voting irregularities.
March 22, 2022 at 11:23 AM
4 minute read
A federal judge considering a constitutional challenge to a 2021 state elections law ordered attorneys Monday to quickly file briefs about the potential effects of a bill that the Legislature passed this month to make further changes in the elections system.
The bill (SB 524) had not been formally sent to Gov. Ron DeSantis as of Monday morning. But Chief U.S. District Judge Mark Walker, in a sharply worded two-page order, said he is drafting a decision on the 2021 law.
"Yet no lawyer for any party has alerted the court of imminent changes to the laws at issue before this court — though the parties appeared to have been actively monitoring the latest election legislation as it moved through the Florida Legislature these past several weeks," Walker wrote. "Accordingly, the parties must file on or before (5 p.m.), Wednesday, March 23, 2022, an expedited supplemental brief addressing what impact, if any, Florida's Senate Bill 524 would have on the challenged provisions and claims before this court in the event the governor signs the legislation into law."
Walker did not specify issues that the attorneys would need to address.
The bill, which received final approval from the House on March 9 after earlier passing the Senate, drew heavy debate over issues such as creating an office at the Department of State to investigate alleged voting irregularities. DeSantis pushed for creation of such an office, as Republicans across the country have sought to revamp election laws to address what they contend is fraud.
The bill, among other things, also included changes involving organizations that work to register people to vote and collect applications. At least one of those changes involved an issue that has been part of the challenge to the 2021 law.
Under the 2021 law, the organizations are required to provide disclaimers informing potential voters that their applications may not be turned in within a 14-day window imposed by the law. This year's bill would remove that requirement on the organizations.
Plaintiffs in the lawsuit have argued that the disclaimers will discourage people from registering to vote through such organizations, which frequently target Black and Hispanic prospective voters.
Testifying in January, League of Women Voters of Florida President Cecile Scoon said the disclaimer "seems to have a negative impact" on prospective voters. Scoon described a situation in which a man had nearly completed the registration application before she showed him the disclaimer printed on a placard.
"He picked it up and looked at it. It froze him. He wasn't happy. … He did an about-face," Scoon said.
This year's bill also includes issues such as ratcheting up financial and criminal penalties for violating elections laws, such as what has become known as "ballot harvesting," which can include collecting and delivering vote-by-mail ballots for multiple people.
Another part of the bill would require county supervisors of elections to annually scour voter rolls for potentially ineligible voters in a process known as "list maintenance." Under current law, supervisors are required to do list maintenance every other year.
The League of Women Voters of Florida, the Florida State Conference of the NAACP, Disability Rights Florida and two dozen other groups filed lawsuits challenging the 2021 measure, arguing in part that it is intended to make it harder for Black and Hispanic residents to vote. Republicans contend that the 2021 law and this year's bill are needed to maintain election integrity.
The 2021 law focused heavily on changes to voting by mail, an issue also addressed in this year's bill. Among other things, lawmakers this year approved changing the name of "drop boxes" — where people can drop off vote-by-mail ballots — to "secure ballot intake stations."
Walker heard more than two weeks of testimony in late January and February about the 2021 law.
— News Service senior writer Dara Kam contributed to this report.
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllClimate Disputes, International Arbitration, and State Court Limitations for Global Issues
Judicial Face-Off: Navigating the Ethical and Efficient Use of AI in Legal Practice [CLE Pending]
4 minute readTrending Stories
- 1Infant Formula Judge Sanctions Kirkland's Jim Hurst: 'Overtly Crossed the Lines'
- 2Trump's Return to the White House: The Legal Industry Reacts
- 3Election 2024: Nationwide Judicial Races and Ballot Measures to Watch
- 4Climate Disputes, International Arbitration, and State Court Limitations for Global Issues
- 5Judicial Face-Off: Navigating the Ethical and Efficient Use of AI in Legal Practice [CLE Pending]
- 6How Much Does the Frequency of Retirement Withdrawals Matter?
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250