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The Guardian - US
The Guardian - US
World
Sam Levine

‘A dangerous trend’: Florida Republicans poised to pass more voter restrictions

Bettylourde Guerrier canvasses a neighborhood encouraging people to vote for Joe Biden on 6 October 2020 in Miami Gardens, Florida.
Bettylourde Guerrier canvasses a neighborhood encouraging people to vote for Joe Biden on 6 October 2020 in Miami Gardens, Florida. Photograph: Joe Raedle/Getty Images

Florida Republicans are on the verge of passing new restrictions on groups that register voters, a move voting rights groups and experts say will make it harder for non-white Floridians to get on the rolls.

The restrictions are part of a sweeping 96-page election bill the legislature is likely to send to Governor Ron DeSantis’s desk soon. The measure increases fines for third-party voter registration groups. It also shortens the amount of time the groups have to turn in any voter registration applications they collect from 14 days to 10. The bill makes it illegal for non-citizens and people convicted of certain felonies to “collect or handle” voter registration applications on behalf of third-party groups. Groups would also have to give each voter they register a receipt and be required to register themselves with the state ahead of each general election cycle. Under current law, they only have to register once and their registration remains effective indefinitely.

Groups can now be fined $50,000 for each ineligible person they hire to do voter canvassing. They can also be fined $50 a day, up to $2,500, for each day late they turn in a voter registration form.

Those restrictions are more likely to affect non-white Floridians. About one in 10 Black and Hispanic Floridians registered to vote using a third-party group, according to Daniel Smith, a political science professor at the University of Florida who closely studies voting rights. Non-white voters are five times more likely to register with a third-party group in the state than their white counterparts, “a fact likely not lost on those pushing the legislation”, Smith said.

“This will likely be the final nail in the coffin for third-party groups to be able to register voters in Florida,” added Smith, who has served as an expert for groups challenging similar new restrictions.

The bill passed the Florida senate on Wednesday and is expected to clear the Florida house later this week.

The measures are the latest in a wave of new restrictions Florida Republicans and DeSantis, who is on the verge of a presidential bid, have enacted in a little over four years. After the 2020 election, the state passed sweeping legislation making it harder to request and return a mail-in ballot. Republicans have also made it nearly impossible for Floridians with a felony conviction to figure out if they are eligible to vote. Last year, DeSantis created the first of its kind state agency to prosecute election crimes.

The new measure marks the second time since the 2020 election that Florida Republicans have raised the maximum fine for third-party voter registration organizations. In 2021, the legislature raised the maximum fine groups could face in a year from $1,000 to $50,000. The new bill would increase the maximum fine to $250,000.

The higher fines will probably cause some groups to stop registering voters, said Cecile Scoon, the president of the Florida chapter of the League of Women Voters, which frequently hosts voter registration drives.

“I think there are a lot of small organizations that don’t feel they can play in that league of fines,” said Scoon. “I think you’re going to get a lot of people that say, ‘hey we can’t handle this. We’re just a little church. We’re just a little chapter of a sorority. We don’t have the resources.”

Republicans dispute that the bill will make it harder to vote.

“This bill does not and will not hinder anyone’s right to vote, nor would I ever subscribe my name to something that could even remotely be concluded to be voter suppression. There is nothing in this bill that makes it harder for a lawfully registered voter to cast their ballot,” state senator Danny Burgess, a Republican who chairs the state elections committee, said during debate on the floor, according to the News Service of Florida.

Florida governor Ron DeSantis speaks during an event on his nationwide book tour at Adventure Outdoors, in Smyrna, Georgia, on 30 March.
Governor Ron DeSantis of Florida speaks during an event on his nationwide book tour at Adventure Outdoors, in Smyrna, Georgia, on 30 March. Photograph: Elijah Nouvelage/AFP/Getty Images

The office of election crimes and security, a new office created under DeSantis to target voter fraud, has targeted voter registration groups during its first year in operation. In 2022, the agency levied $41,600 in fines against voter registration groups, and made several criminal referrals.

A spokesman for the Florida department of state, which oversees the agency, did not provide a detailed breakdown of the groups fined or their offenses.

In an annual report filed with the Florida legislature, the office said that it had reviewed “a large number of complaints” involving voter registration applications that were turned in late.

The new legislation would make it even harder for groups to turn in applications on time, giving them four fewer days to do so. That cut increases pressure on groups that take time to review the applications they collect to ensure that the information in them is accurate and that the voter is eligible.

When a group hosts a registration drive, they will often get people signed up from many counties who pass by. But a law passed in 2021 makes it so voter registration groups have to turn in applications they collect to the county in which the voter resides – they previously could return it anywhere – making it even more difficult to turn in the forms on time.

“You’re either gonna burn gas and find the time to drive an hour or two hours to wherever it’s located from wherever you are. And where your volunteer is. Or are you gonna put it in the mail and cross your fingers,” Scoon said.

Burgess, the Republican pushing the bill, said that it would ensure voters can get on the rolls.

“The reality is if a third-party voter registration organization fails to submit timely somebody’s voter registration, that voter is disenfranchised,” he said, according to the Tallahassee Democrat.

The language in the bill barring non-citizens from participating in third-party voter registration groups will also make it harder to reach immigrant communities, said Andrea Mercado, the executive director of Florida Rising, a non-profit group.

“When we do our work to help register new citizens, it makes sense to hire people who come from that community. Sometimes they’re on the path to getting their US citizenship, but they don’t have it yet,” she said. “That doesn’t mean that they’re not excellent at reaching out to other people in the Colombian community, in the Venezuelan community, in the Jamaican community and talking to them about why voting matters and why you should be registered to vote.”

The bill also appears poised to cause even more confusion about voting eligibility for people with felony convictions. The measure would change the language on the card people in Florida receive after registering to confirm their addition to the voter rolls to say that possession of the card is not proof of eligibility to vote. Republicans are making the change after reporting revealed that 19 people with felony convictions who were charged with illegal voting last year had received voter registration cards in the mail and had not been warned they were ineligible to vote.

The sweeping changes are the latest move to restrict voting rights for people with felonies after Floridians approved a constitutional amendment in 2018 expanding the right to vote to many people with criminal histories. After the measure passed, the Florida legislature passed a law that required those with felonies to pay off any outstanding debts before they can vote again. Florida has no centralized database where people can look up how much they owe, and the state has been backlogged reviewing the applications.

“Changing the law and adding such a disclaimer to Florida’s voter ID cards is a direct admission by the state that it is unwilling to or incapable of creating a centralized voter system to determine voter eligibility,” the Florida Rights Restoration Coalition, the main group that pushed the constitutional amendment in 2018, said in a statement.

The bill is an alarming attack on voters in Florida, Mercado said. “It represents a really dangerous trend in Florida and across our country that is moving away from democracy,” she said.

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