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Appeals Court Reverses Ruling on Florida Vote Suppression Measure

Hans von Spakovsky's legacy is still being felt down in Florida. From the AP:

Florida can temporarily enforce a law that disqualifies any voter registration where the Social Security or driver license numbers on the application can't be matched with government databases, an appeals court ruled Thursday.

The 11th U.S. Circuit Court of Appeals in Atlanta said a lower court shouldn't have ordered a temporary injunction in December that prevented Florida from enforcing an anti-fraud law that dismissed applications when matches couldn't be made.

As we reported last year, one of Spakovsky's achievements while at the Justice Department was promoting this interpretation of the law: that states ought to reject voter applications if the data did not match driver's license or Social Security records. Civil rights groups, calling the measure "disenfranchisement-by-bureaucracy," sued to halt the law in an attempt to minimize the effect on the 2008 election. A newspaper investigation found that the measure resulted in tens of thousands of voters being rejected, the overwhelming majority of them minorities.

Back in December, a district court agreed with the argument by the groups -- the NAACP, the Haitian-American Grassroots Coalition, and Southwest Voter Registration Education Project -- that the law ought to be halted from going into effect while the lawsuit was decided. That decision was overturned yesterday.

"Yesterday's ruling by the appellate court represents a setback for all eligible Floridians, particularly voters of color, who wish to register to vote and participate in the upcoming presidential elections," said Elizabeth Westfall of Advancement Project, one of the attorneys for the groups. But Justin Levitt, counsel at the Brennan Center for Justice, said that the suit would go on and that "the trial court must now consider whether disenfranchising thousands of eligible citizens because of typos, is consistent with the U.S. Constitution."


8 Comments

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Jeb Bush and Kathleen Harris must be very proud of their grandchild. Just think how the Sec. State can take their voter data, sort by zip code (minority zip codes only of course), run a subroutine to change one digit on a social security number. Oops, sorry your information doesn't match, so nice of you to come down; baa bye.

Funny isn't it, how whites rarely run afoul of these registration problems, and those whites have Democratic leaning zip codes. Also funny how they don't tell anyone their registration was rejected until the get to the polls. The Republicans aren't relying on the touchscreens, because they're trying to stop the wrong people ever getting to the machines.

We need a national mandate for registration at the polls. States that have it aren't vulnerable to these problems.

whether disenfranchising thousands of eligible citizens because of typos, is consistent with the U.S. Constitution

Article VIII
Section 1. Disenfranchisement Because Of Typos
Clause 1. Don't Worry, Brown People Can't Write SQL

Registration at polls would probably cause additional delays. In the 2004 Presidential election, long lines in Iowa (with delays of many, many hours) resulted in large numbers of voters giving up and going home. It looks like institutionalized voter suppression will be an issue in the next election. We're going to need Democratic bull-dog lawyers and poll watchers to growl, cajole, and fight poll officials who feel it's their job to disqualify minority participation. Just as heavyweights descended upon Florida to help Republicans prevail in 2000, Democrats will need litigators and heavies of their own.

user-pic

Our federal and state governments have a horrible track record when it comes to managing information. It is just flat stupid for any court to cause to be applied voting rules based upon government information management. What makes it worse is the common condition that our government is routinely manipulated for political purposes. I would rather take my chances with a small percentage of voting fraud rather than allow government to commit wholesale fraud.

RE "Registration at polls would probably cause additional delays."

In Minnesota, we have Election Day registration.

It doesn't slow the lines.

While people are waiting in line, a poll worker with a portable computer asks them if they're registered, and if not, registers them.

I surmise that White and Hispanic registrants are just as susceptible so the rule should be enforced everywhere, in rich districts and poor districts. Tell me if I am wrong.

Letters can be sent out to those who are disqualified and they can re-regester. Whats the big deal. Unless your calling minorities stupid, ANY mistake can be fixed to minimize the loss of voters in the general election.

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