Tallahassee Sun

Americans across the political spectrum have increasingly expressed doubt to pollsters and lawmakers about the integrity of elections. As a result, an urgent push to enact better election integrity provisions and more secure election administration procedures is ongoing.

Election integrity should not be a controversial concept. Yet, it is again the epicenter of ideological conflict as groups on one side hurl incessant and unfounded accusations of racial and partisan voter suppression whenever better and stronger election security laws are proposed. These groups litigate and propagandize against virtually all common-sense election reforms.  

In fact, for quite some time, voter identification laws were incredibly criticized––and even struck down by some federal judges––as a dishonest trick to keep some voters from having their say at the polls. But voter ID laws are now supported by more than 75% of voters, including majorities of Democrat and minority voters, yet these groups continue to oppose common sense election changes that voters overwhelmingly support. 

Florida is a perfect example of the continuing evolution across America, where widely supported, mainstream election ideas are attacked solely for partisan reasons. 

Florida enacted Senate Bill 90 at the height of the COVID-19 pandemic to address security and administrative problems associated with the tremendous increase in the use of mail ballots by Florida voters. The law imposed, among other things, common sense checks on the use of mail ballot drop boxes and problematic partisan activities that were occurring near polling places.

The League of Women Voters and several other liberally aligned organizations immediately sued in federal court to enjoin the law, framing the changes as “voter suppression.” President Obama nominated Federal judge Mark Walker gave them what they asked for in ruling that SB 90 was enacted because of palpable racial animus by the Florida legislature, starting in the Civil War, to suppress black voters. 

Judge Walker then went above and beyond and ruled that for the next 10 years any future legislation dealing with elections by the Florida Legislature must be presented and approved by him before it could become law––a process known as preclearance. Judge Walker opined that he did not trust the honesty of elected representatives of Florida to enact voting integrity laws without first being examined by him.

Rightfully so, Florida immediately appealed to the 11th Circuit Court of Appeals, where a three-judge panel reversed and vacated Judge Walker’s injunction. The 11th Circuit panel ruled that Judge Walker’s opinion was wrong legally and that his findings of racial animus were not supported by relevant evidence. The 11th Circuit heard oral arguments on September 15, 2022, to consider the merits of the case on appeal.

Lawyers Democracy Fund (LDF), an organization dedicated to promoting common sense laws that bolster election integrity and improve voter confidence, filed an amicus brief at the 11th Circuit that focused on the degree to which Florida’s new election procedures are well within the mainstream of those enacted all across America. 

Florida is among the 26 States that permit the use of absentee ballot drop boxes to allow voters to conveniently and easily return their mail ballots. Nearly half of the States do not even allow the use of drop boxes! SB 90 enacted common-sense safeguards detailing the proper use of these drop boxes, yet far from this new procedure suppressing voters like plaintiffs allege, the result has been that many more people in Florida have voted—and particularly in minority communities. 

Florida also tightened the restrictions on political solicitation while voters are lined up near polling locations. Most voters hate the crush of political parties and others attempting to talk to them, influence their vote, or sell them products while they wait in line to vote. To many, this type of influence gives a sense of insecurity as they wait to cast their ballot and gives the impression of political operatives trying to buy votes by incentivizing voters to vote a certain way. SB 90 enacted restrictions that are the norm among most States that regulate this activity near the polls. In fact, thirty-seven States, like Florida, restrict solicitation between 100 and 300 feet of the polling location.

LDF’s amicus brief explains to the 11th Circuit that no provision of Florida’s SB 90 is out of the ordinary Rather, the bill contains common sense, reasonable laws that are well within the prevailing legislation used around the United States and does not in any way prejudice any minority group. LDF is hopeful the 11th Circuit will agree.