Federal judge blocks parts of Florida's newly implemented election law

WEST PALM BEACH, Fla. — Calling it "Florida’s latest assault on the right to vote" a federal judge in Tallahassee struck down portions of a new state elections law in a preliminary injunction Monday, one day before Independence Day.

Mark Walker, U.S. District Court Northern District chief judge, granted a preliminary injunction against SB 7050 two days after it went into effect. The law would fine third-party voter registration groups $50,000 for each non-citizen, including permanent residents, who "collect" or "handle" voter registration forms on the organization's behalf. And it would make it a felony for voter-registration group workers to keep personal information of voters.

Walker heard arguments for more than three hours in an injunction hearing Wednesday.

State

Federal judge mulls blocking portions of Florida's latest election law

Forrest Saunders

5:08 PM, Jun 28, 2023

Walker, an appointee of former President Barack Obama, previously has ruled against the state in legal challenges to election measures approved by the Republican-controlled Legislature and signed by Gov. Ron DeSantis.

A three-judge panel of the 11^th Circuit Court of Appeals, based in Atlanta, this year reversed Walker's ruling in March 2022 against a 2021 voting law that had placed restrictions on drop boxes.

Walker is now targeting the new election law, and directed Secretary of State Cord Boyd and Attorney General Ashley Moody to revise two sections of the 2023 law.

"Florida may, of course, regulate elections, including the voter registration process,” Walker wrote. "Here, however, the challenged provisions exemplify something Florida has struggled with in recent years; namely, governing within the bounds set by the United States Constitution. When state government power threatens to spread beyond constitutional bounds and reduce individual rights to ashes, the federal judiciary stands as a firewall. The Free State of Florida is simply not free to exceed the bounds of the United States Constitution."

The law, besides changes in elections, allowed DeSantis to run for president without having to resign his current position.

Several groups that register voters had challenged the law. They included the AACP, the League of Women Voters of Florida and Hispanic Federation.

"As someone who manages a third party voter registration organization called People Power for Florida, I am absolutely ecstatic by this preliminary injunction," State Rep. Anna Eskamani said. "We made the point throughout the legislative session that SB7050 was designed to make it harder to register people to vote, with a specific target on organizations who conduct outreach to underserved Floridians."

"Extremists politicians like Ron DeSantis have become drunk on power and have shown a complete disregard for their fellow Floridians and our ability to build collective efficacy and increase civic engagement. We must keep fighting for a stronger Democracy in Florida and for a state that lifts up every person, not just the few.”

The League of Women Voters said the new law made it tougher on some groups in voter registration campaigns." It has a disproportionate impact on black and brown because those communities rely heavily on us," said Cecile Scoon, president of the LWV Florida, told WPTV's Matt Sczesny.

Alex Hagan/WPTV

 
Florida Democratic Party Chair Nikki Fried also hailed the decision, writing: "This is a huge win for the people of Florida," said Florida Democratic Party Chair Nikki Fried said."Our democracy works best when everyone has access to the ballot box, and I applaud the court for recognizing that and actively protecting the rights of Floridians."

DeSantis and other state Republican leaders argued the law ensures that elections are secure.

DeSantis' office has not responded to the judge's decision.

On Tuesday, DeSantis tweeted "Happy 4th of July! Get outside and enjoy the Free State of Florida with your loved ones."

Noting Independence Day is Tuesday, the judge wrote: "Floridians across the state will commemorate our Nation’s birthday. They will endure the heat of the Florida summer to celebrate the Fourth of July with family and friends at barbecues and picnics. They will gather with their communities at public parks for music and fireworks. They will cheer and sweat at parades and block parties. And amid these patriotic festivities, some may feel moved, for the first time, to embrace their solemn privilege as citizens by registering to vote."

He said individuals that include the NAACP and Hispanic Federation "would be engaging with their communities and registering new voters. In doing so, they would embody those democratic ideals that, for nearly 247 years, have made our system the envy of the world."