Sunshine Sentinel

A federal judge erred in placing Florida in preclearance protocols under Section 5 of the Voting Rights Act (VRA), and by striking certain provisions in the Sunshine State’s recently enacted election reform law, states an amicus brief filed by the non-partisan Public Interest Legal Foundation (PILF) before a federal appeals court.

The case before the Atlanta-based 11th Circuit Court of Appeals stems from a League of Women Voters of Florida challenge to the election reform law (SB 90) signed by Gov. Ron DeSantis in May 2021.

PILF spokesman Lauren Bowman told the Sunshine Sentinel that "the case is important because it is an attack on states powers to run their own elections."

"This is yet another example of attacking common sense election integrity laws," she added. "We cannot allow the Justice Department to run our elections and attack election integrity measures.”

In March of this year, Chief U.S. District Judge Mark E. Walker (out of Tallahassee) sided with the League in the case filed by the League, Black Lives Matter and other groups and individuals.

Besides the preclearance requirement, the judge struck four provisions in the law as unconstitutional, including a drop box provision that requires drop boxes for mail ballots be used only during regular voting hours. The boxes also have to be continuously monitored by the office of the Supervisor of Elections, under the new law.

States under preclearance are required to seek approval for changes in their voting laws from the U.S. Department of Justice (DOJ), which examines the changes to ensure they are not discriminatory.

In its brief, PILF argues that the preclearance requirement would subject Florida to abuse by the DOJ.

“Sadly, there is a long history of the Voting Section at the Department of Justice abusing preclearance authority and improperly collaborating with partisan entities when it reviewed submissions under Section 5 of the Voting Rights Act,” the brief said.

It cited numerous instances, including a 2006 letter to then-Chairman of the Committee on the Judiciary Congressman F. James Sensenbrenner and then-Assistant Attorney General William E. Moschella that charged that the Civil Rights Division paid “attorneys’ fees or settlement fees for purportedly unfounded litigation” – related to its preclearance power.

The brief also said that the drop box provision in the law rightly gives voters a secure voting option.

“They allow those who prefer to manually fill out their ballots to turn them into a secure location without a third party (the postal service, an employee at the elections office, or a bad actor) ever touching the ballots,” the brief said. “They protect the ballot from potential tampering or getting lost in the mail.”

Another provision struck by Walker involves solicitation of voters near a polling place or drop box.

“… the solicitation provision of SB90 amends Florida law to prevent ‘engaging in any activity with the intent to influence or effect of influencing a voter’ both inside the polling place, and within 150 feet of a drop box,” the brief stated.

In May, the 11th Circuit issued a stay on Walker’s ruling, meaning that the provisions in SB 90 remain in place for the Aug. 23 Primary Elections. Arguments on the substance of the case are scheduled before the court for September.

PILF's president is J. Christian Adams.