Politics

Absent from Case, Florida Still Plays Role in Voting Rights Act Challenge

By: Brandon Larrabee News Service of Florida | Posted: February 26, 2013 3:55 AM
Ed Stein Cartoon with Angry Voters

While the state itself has stayed out of a fight against the Voting Rights Act of 1965 set to hit the U.S. Supreme Court this week, Florida isn't absent from the arguments about the law.

In briefs both for and against an Alabama county's request that the justices strike down a key provision of the nearly 50-year-old law, the recent battle over Florida's early-voting changes takes center stage. While supporters of so-called "preclearance" say the Florida case shows the need for continued federal oversight of voting changes, opponents say the case represents the overreach that the law has enabled.

Under preclearance, nine states and almost 70 cities and counties with a history of racial or language discrimination must have any changes in voting and elections procedures approved by the U.S. Department of Justice or a three-judge federal panel. Five Florida counties are covered by the law's Section 5: Collier, Hardee, Hendry, Hillsborough and Monroe.

The state of Florida has not filed a brief in the case, though the state challenged the law when it asked a panel of judges to preclear a reduction in early voting days. The panel never ruled on that part of the lawsuit.

But the Florida preclearance fight -- which essentially ended when four of the five counties agreed to maximize the number of hours allowed under the new law -- crops up repeatedly in the filings in Shelby County v. Holder, which will be argued before the court on Wednesday.

Defenders of the law point to the preclearance process as a necessary check, noting that it was only after the federal judges rejected the new early-voting law that Florida collected promises from all of the covered counties except Monroe to allow the expanded number of hours on the remaining voting days. Monroe County's supervisor of elections said he preferred having more voting days to the same number of hours stretched over fewer days.

Minority voters are more likely to vote early than their white counterparts.

"There is simply no question that without Section 5, a disproportionate number of minority voters in Florida would have been deterred from exercising their right to vote in 2012," says a brief filed on behalf of Congressman John Lewis, a Georgia Democrat and icon of the civil rights movement.

A group of legal groups that have gotten involved in preclearance cases, including the Florida State Conference of the NAACP, said the Florida case and three others cut against the idea that preclearance isn't needed.

"Rather, as determined by four unanimous three-judge panels in 2012, minority voters in Texas, South Carolina and Florida recently faced the very real possibility of moving backward in their hard-won progress as a result of decisions made by state legislators," the brief says. "Section 5 prevented that result."

Some opponents of preclearance, though, see a law that has allowed federal officials to micromanage state elections in areas covered by the law.

"Changes to early voting in Florida require preclearance, although many states do not even offer opportunities for early voting," says a brief from the Justice and Freedom Fund, a conservative group based in California.

The only brief filed by a group in Florida comes from a Florida A&M University professor, 46 students and six organizations tied to FAMU's College of Law.

That filing, from Professor Patricia Broussard, argues that the law should remain because requiring people in covered areas to sue under the Voting Rights Act is a more time-consuming process and could drag out beyond an election altered by a new law.

"Most importantly, once the election has passed, adequate redress is impossible," the brief says. "Setting aside elections or shortening the terms of those elected is by its very nature inadequate because, for a period of time, citizens will have been governed by officials that they did not choose."


Tags: News, Politics

Comments (3)

Frank
9:22AM FEB 26TH 2013
Yeah, it's not like Congress decided the Voting Rights Act was still needed by reauthorizing the Act in 1970, 1975, 1982, and 2006. . . .

And it's not like the 2006 reauthorization vote was bipartisan, with a 390-33 vote in the House, and a 98–0 vote in the Senate, before being once again being signed into law by George Bush . . . .

Yes, the election of an African-American President has made this all unnecessary . . . . we saw that in 2008 and 2012 . . . no racial slurs, no racial portraits, no attempts at voter suppression . . . . and today, no attempts at trying to change the electoral college state rules in a manner that would have deprived that African-American of his election in 2012 . . . . yes, clearly, no need for the Voting Rights Act . . . at least, none if your intent is to try and steal the next election . . . . as Senator Bennett of this state made crystal clear . . . . some on the right want to make it hard to vote (at least for folks that don't vote their way) . . . .

Pathetic . . . .
John Paul Jones
7:07PM FEB 26TH 2013
I can't speak for everyone on "the right," but "voting our way" simply means only elligible voters vote, they only vote once, and they do so in the proper jurisdiction. I know that voting "your way" means every vote for your guy counts (perhaps several times). Preclearance is absolutely unnecessary. Quit living in the past. Your culture of victimhood is getting old Frank.
Frank
11:17PM FEB 27TH 2013
Spoken like a true voter suppression type . . . . did you even take note of case after case of voter suppression having to be declared unconstitutional and thrown out by the courts this last election due to Republican led efforts . . . estimates in Florida alone are that 200,000 voters were turned away from the long voting lines . . . . and how many actual ineligible voters did we have . . . maybe half a dozen or less . . . yes, living in the past, when the south could still disenfranchise . . . guess that's why the Florida Legislature and the Governor are running so hard to "correct" the errors of their earlier voting changes . . . . . yes, no problems during the last election that were created by those changes. . . . and I guess that voting in the proper jurisdiction must be in reference to Ann Coulter, correct . . . . if not, once again, just plain . . . .

Pathetic politics of the "Big Lie". . . as to my continuing comments about the truthiness on this site and its commentators, live with it . . . .

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