Judge Blocks Parts of Elections Law Voting Rights Groups Challenged
Chief U.S. District Judge Mark Walker sided with groups such as the NAACP, the League of Women Voters of Florida and Hispanic Federation that argued the changes are unconstitutional.
July 05, 2023 at 01:03 PM
4 minute read
Saying the case "arises from Florida's latest assault on the right to vote," a federal judge blocked parts of a new elections law challenged by voter-registration groups.
Chief U.S. District Judge Mark Walker, in a 58-page decision, issued a preliminary injunction against parts of the law that would prevent non-U.S. citizens from "collecting or handling" voter-registration applications and make it a felony for voter-registration group workers to keep personal information of voters.
Walker sided with groups such as the NAACP, the League of Women Voters of Florida and Hispanic Federation that argued the changes are unconstitutional.
"Florida may, of course, regulate elections, including the voter registration process," Walker wrote. "Here, however, the challenged provisions exemplify something Florida has struggled with in recent years; namely, governing within the bounds set by the United States Constitution. When state government power threatens to spread beyond constitutional bounds and reduce individual rights to ashes, the federal judiciary stands as a firewall. The Free State of Florida is simply not free to exceed the bounds of the United States Constitution."
The law (SB 7050), which Gov. Ron DeSantis signed in May, made a series of changes in Florida's elections system, particularly focused on "third-party" voter registration groups. DeSantis and other state Republican leaders argued, in part, that the law was needed to ensure that elections are secure.
But voter-registration groups quickly filed lawsuits challenging the law and seeking a preliminary injunction. They said the groups play an important role in signing up Hispanic and Black voters.
The injunction issued by Walker applies to two parts of the law.
One part would require voter-registration groups to submit an "affirmation that each person collecting or handling voter registration applications on behalf of the third-party voter registration organization is a citizen of the United States of America." Groups could face a $50,000 fine for each non-citizen collecting or handling applications, under the law.
But Walker backed plaintiffs' arguments that the restriction would violate constitutional equal-protection rights.
During Wednesday's hearing, Mohammad Jazil, an attorney for the DeSantis administration, pointed to concerns about voter-registration applications being turned in late to elections officials. Jazil argued that people who are not U.S. citizens, such as students from other countries or people who have temporary legal immigration status, "are not bound to the community" and thus could be at risk for not turning in applications on time.
But Walker rejected the argument in Monday's ruling.
"[The] state of Florida has identified a problem with respect to untimely submission of voter registration applications," Walker wrote. "The hard part for defendants [the state] is identifying any connective tissue between the problem and the state's proposed solution — namely, banning all noncitizens from collecting or handling voter registration applications on behalf of 3PVROs [third-party voter registration organizations]. At the hearing, defendants acknowledged the dearth of evidence connecting noncitizens to late-filed voter registration applications."
The other part of the law that Walker blocked would make it a third-degree felony if a worker for a voter-registration organization "copies a voter's application or retains a voter's personal information, such as the voter's Florida driver license number, Florida identification card number, Social Security number, or signature, for any reason other than to provide such application or information to the third-party voter registration organization."
Walker, who was appointed to the federal bench by former President Barack Obama, said the part of the law is too vague. For example, he wrote it "leaves open a broad universe of what could be considered 'personal' information."
DeSantis and the Republican-controlled Legislature have passed a series of controversial changes to elections laws in recent years.
Walker in March 2022 issued a 288-page ruling that blocked parts of a 2021 elections law. But a divided three-judge panel of the 11th U.S. Circuit Court of Appeals this year overturned much of his ruling. Groups challenging the law have asked the full Atlanta-based appeals court to take up the case.
Jim Saunders reports for the News Service of Florida.
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 AllDivided State Court Reinstates Dispute Over Replacement Vehicles Fees
5 minute readSecond Circuit Ruling Expands VPPA Scope: What Organizations Need to Know
6 minute read'They Got All Bent Out of Shape:' Parkland Lawyers Clash With Each Other
Courts of Appeal Conflicted Over Rule 1.442(c)(3) When Claims for Damages Involve a Husband and Wife
Trending Stories
- 1Delaware Governor Names Magistrate Judge as Next Vice Chancellor
- 2Hagens Berman Accused of Withholding Share of $13M Award in Pharmaceutical Settlement
- 3What to Know About Naming a Law Firm
- 4Texas Shows the Way Forward in Resolving Mass Tort Gridlock
- 5Ninth Circuit Rules on Inherent Authority and FRCP 37(e)
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