ORLANDO, Fla. — Using a controversial new law, Orange County Republicans have created an Elections Integrity Task Force to dispute mail-in ballots before they’re opened, resulting in at least 36 challenges and 20 rejections so far for Tuesday’s primary.
Voters whose ballots are rejected over signature mismatches or other issues would need to complete a “curing” process by Thursday to prove their identity and have their votes count. More ballots could be rejected next week, giving voters little time to fix any issues.
What Orange County elections supervisor Bill Cowles called an unprecedented level of challenges this early in the voting cycle is because of a change in Florida election laws. One provision requires supervisors to give “reasonable access” to partisan and other outside observers to “review or inspect ballot materials,” including mail-in envelopes and signatures.
The language was included in new laws pushed by Gov. Ron DeSantis and Republican lawmakers despite their praise of how smoothly the 2020 vote went in Florida. The changes also drastically reduced the use of drop boxes, imposed limits on dropping off ballots and required voters to re-apply to vote by mail every two years.
The ballot challenges made possible under the new rules should be no surprise, one critic said.
“That was the intent, to allow these outside groups that have a partisan agenda to intervene,” said Daniel A. Smith, chair of political science at the University of Florida and an expert on state elections.
“It bogs down the process,” Smith said. “It’s having people with no technical expertise making judgment calls that interfere with professional staff’s ability to process ballots. ... And if I was a voter, I would be concerned about having individuals who don’t have to take an oath of office having access to their returned ballot information and signature.”
Ballots could be challenged and rejected for several reasons, but historically most have been rejected over signature issues, including one that doesn’t match the one on a voter’s file, or envelopes with no signature at all.
Cowles said that the public has always been able to make appointments to view vote-by-mail ballots that had already been returned, accepted and ruled eligible.
But before this election, “we have not seen anybody actually challenge a ballot in this (way). … This is the first time we’ve ever had this.”
Supervisors in Seminole and Lake counties said there has been no similar organized challenges in their counties. Osceola supervisor Mary Jane Arrington said some people who have come in to review ballots have been from the Republican Party, but there has only been just one challenge so far.
“It’s better than I thought it would be,” she said.
Cowles said the GOP task force was appointed by Orange County Republican Chair Charles Hart to represent the county party. Hart did not respond to requests for comment Friday.
Hart is one of three candidates in the Republican primary for state House District 39, along with Apopka Vice Mayor Doug Bankson and former Orange County Trump campaign chair Randy Ross.
Ross, a longtime critic of Hart, said the county chair “should not be participating in this process because he is running for public office. That should be his priority. He should have stepped aside as chairman to focus on his own race.”
Bankson said he supported the task force’s efforts. But he did not want to comment on whether Hart should have stepped aside, as he was unfamiliar with state laws on the subject.
Smith said voters should consider voting in person instead of by mail, as there had already been several issues with rejections and deliveries even before the law changes.
“If you vote by mail, your odds of having your ballot rejected historically are 10 times more than if you vote early in-person, or even on Election Day,” Smith said. “And that’s because your signature is a proxy for your identity, as opposed to showing up to the polls and having a photo identification … There’s a lot more ambiguity and discretion.”
Smith said younger voters are about four times more likely than older voters to have their vote by mail ballots rejected because of signature issues, and Latino and Black voters are roughly twice as likely to have their vote by mail ballots rejected than white voters.
Any voters whose ballots are rejected by the canvassing boards is immediately notified, Cowles said. Voters can provide elections offices with their phone numbers and emails, or otherwise all notifications would have to be sent by mail.
Voters have until Thursday at 5 p.m., two days after Election Day, to resolve any issues that led to rejection. They need to fill out an affidavit available at state and county elections websites and return it to their county elections office, either in person along with a photo ID.
Voters can also visit their county elections websites to make sure their ballot was received and counted.
Smith cautioned that even beyond signature issues, mail delivery has been a problem.
“All voters are subject to the vagaries of the U.S. Postal Service if they decide to put them in the mail,” Smith said. “An increasing number (of voters) are going to have to return back to that, because of the restrictions placed on what we used to call drop boxes.”
Anyone who has a mail-in ballot can surrender it and get a fresh ballot to use at any polling place, including during early voting or on Election Day. They also can get their mail-in ballot canceled even if they don’t have it with them.
