Kurt Browning Argues Voting Rights Act Unconstitutional

Florida Secretary of State Kurt Browning is challenging the Justice Department's oversight of the new voting law signed by Gov. Rick Scott. Browning filed a legal motion claiming the Justice Department does not have this right. Browning's legal argument is that the Voting Rights Act of 1965 is unconstitutional.

According to Browning’s complaint (.pdf), “subjecting Florida counties and other jurisdictions covered exclusively under the language minority provisions of the [Voting Rights Act] to pre-clearance is not a rational, congruent, or proportional means of enforcing the Fourteenth and/or Fifteenth Amendments and violates the Tenth Amendment and Article IV of the U.S. Constitution.”

The Voting Rights Act was created to ensure that blacks aren't discriminated at the polls. Republicans have challenged the Voting Rights Act in the past with the 10th amendment states rights arguments. Florida Sen. Mike Bennett made this racially-tinged argument in support of the bill.

“Do you read the stories about the people in Africa? The people in the desert, who literally walk two and three hundred miles so they can have the opportunity to do what we do, and we want to make it more convenient? How much more convenient do you want to make it?” he said. “Do we want to go to their house? Take the polling booth with us?”

“This is a hard-fought privilege,” he added. “This is something people die for. You want to make it convenient? The guy who died to give you that right, it was not convenient. Why would we make it any easier? I want ‘em to fight for it. I want ‘em to know what it’s like. I want them to go down there, and have to walk across town to go over and vote,” he said.

Politifact ruled Bennett's statement that Africans have to walk "three hundred miles" to vote a pants on fire lie. It is hard not to read Bennett's statement and not find it racist.

The League of Women Voters filed a lawsuit because the new Florida voting law imposes fines on voter registration forms.

As the lawsuit puts it, "the challenged law imposes civil fines of $250 for each voter registration application submitted more than 10 days after it is collected, $500 for each application submitted after any voter registration deadline, and $5,000 for each application [that for whatever reason doesn't end up being] submitted. Plaintiffs are strictly liable for these fines, even if their inability to meet the statutory deadlines results from events beyond their control, such as the destruction of applications in a hurricane."

The League of Women Voters have been registering new voters in Florida for nearly a century. The new law has shut down the registration operation off the organization. The LWV registers many poor people. These are potential voters the Republicans see voting for Obama in 2012.

The new law makes it more difficult for people that move to update their voter registration. Meaning they are unlikely to vote. This will affect college students and people living in apartments. Browning has also cut the days of early voting from 14 days to 8 days. Historically, the less time the polls are opening are more likely to turn poor people away.

The tactics Browning is using is similar to what was used to restrict voting to blacks in the 60s. Florida's new voting law is exactly why the Voting Rights Act was created.

State of Florida Amended Complaint - No. 11-Cv-01428-CKK-MG-ESH1

Will Justice Department Challenge Florida Election Law

The Florida Congressional delegation asked the Justice Department to investigate the new election law signed by Gov. Rick Scott.

Florida Democrats Seek Investigation of Radical Elections Overhaul

Deutch Authors Letter to Department of Justice

(Boca Raton, FL) Today, the Democratic congressional delegation of Florida united to express their serious concerns over H.B. 1355, the radical and far-reaching overhaul of Floridians’ voting rights currently awaiting Governor Rick Scott’s signature. In a letter to the U.S. Department of Justice, U.S. Representatives Ted Deutch (FL-19), Alcee L. Hastings (FL-23), Kathy Castor (FL-11), Frederica Wilson (FL-17), Wasserman Schultz (FL-20), and U.S. Senator Bill Nelson (D-FL) request an evaluation of the bill to determine possible violations of the Voting Rights Act. The Department of Justice has the authority to review state law and block implementation if provisions are determined to disenfranchise voters.

“The role of government should never be to curtail the registration of newly eligible voters or hinder Americans from exercising the most fundamental democratic right afforded by our Constitution,” the delegation writes. “We are confident that any honest examination of this legislation will determine that it is in clear violation of the Voting Rights Act.”

H.B. 1355 contains unprecedented restrictions of the voting rights of Floridians. It all but eradicates voter registration drives conducted by volunteer-based, third party groups like the League of Women Voters, the Boy Scouts of America, and the NAACP. The legislation will also force dozens of legitimate voters to cast provisional ballots by eliminating a decades-old law enabling Floridians with proper identification to update their names and addresses at the polls due to a military family move, marriage, or divorce. H.B. 1355 also slashes the early voting period from 14 days to 6, posing a special challenge to working Floridians and elderly voters who cannot wait on the long lines of Election Day. Additionally, the bill places new restrictions on the validity of absentee ballots, determining them illegal if signatures do not closely enough match those on older state documents.

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The Fight For the District Kingdoms

In November of 2010, Florida voters approved ballot amendments 5 and 6. Florida will be awarded two new Congressional seats in 2012. Amendment 5 and Amendment 6 was designed to change the way Congressional districts are drawn.

Amendment 5

In establishing Legislative district boundaries:
(1) No apportionment plan or district shall be drawn with the intent to favor or disfavor a political party or an incumbent; and districts shall not be drawn with the intent or result of denying or abridging the equal opportunity of racial or language minorities to participate in the political process or to diminish their ability to elect representatives of their choice; and districts shall consist of contiguous territory.

(2) Unless compliance with the standards in this subsection conflicts with the standards in subsection (1) or with federal law, districts shall be as nearly equal in population as is practicable; districts shall be compact; and districts shall, where feasible, utilize existing political and geographical boundaries.

(3) The order in which the standards within sub-sections (1) and (2) of this section are set forth shall not be read to establish any priority of one standard over the other within that subsection.

Amendment 6

In establishing Congressional district boundaries:
(1) No apportionment plan or individual district shall be drawn with the intent to favor or disfavor a political party or an incumbent; and districts shall not be drawn with the intent or result of denying or abridging the equal opportunity of racial or language minorities to participate in the political process or to diminish their ability to elect representatives of their choice; and districts shall consist of contiguous territory.

(2) Unless compliance with the standards in this subsection conflicts with the standards in subsection (1) or with federal law, districts shall be as nearly equal in population as is practicable; districts shall be compact; and districts shall, where feasible, utilize existing political and geographical boundaries.

(3) The order in which the standards within sub-sections

Changing the redistricting process as been a longtime goal for Florida progressives. Newly elected Florida Democratic Party chairman Rod Smith said the he will fight to legally make sure districts are drawn under the voter approved constitutional guidelines. Florida Senate President Mike Haridopolos snidely remarked, "I call it the full employment for lawyers' bill." The voter approved amendments were not a "bill." It makes me wonder if the new Florida Senate leader understands the legislative process.

Senate Democrat Gary Siplin has voiced his disapproval of Amendment 5 and Amendment 6. Siplin has been known to vote with Republicans. The only thing Siplin is concerned about his his own Senate district.

Siplin and Rep. Corrine Brown said the new redistricting guidelines will not protect African-American voters. The amendments are written to protect minority voters. What likely concerns Siplin and Brown is that computers will be used to redraw districts. Sen. Haridopolos planned on using computers before the approval of the amendments. The amendments require that the districts be drawn in a reasonable square and contoured manner. Siplin's and Brown's districts bear closer resemblance to Jackson Pollock paintings than anything with right angles. The same can be said for every member of the Florida legislature and the Congressional delegation.

Brown and Republican Rep. Mario Diaz-Balart have filed a lawsuit against the new redistricting law.

BROWN: "I was extremely disappointed in the passage of amendments 5 and 6. Congressman Diaz-Balart and I introduced a lawsuit this morning, and will continue our fight against these misguided, deceptive amendments in the federal courts. I am absolutely convinced that if they are carried out as prescribed, our state will immediately revert to the time period prior to 1992, when Florida was devoid of African American or Hispanic representation."

The ACLU has filed a motion against Brown. The ACLU is a defendant in the case. The ACLU called pre-approved Amendment 5 and Amendment 6 districting process a "rigged and broken system." The Florida Supreme court approved the ballot language of Amendment 5 and Amendment 6. It is doubtful Brown's and Diaz-Balart's lawsuit will go far.

Now that the new districting system is in the Florida constitution what does it mean to Democrats? Unfortunately. The success of Amendment 5 and Amendment 6 becoming law alone will not change the fortunes of Florida Democrats. Republicans have filibuster-proof majorities in the Florida House and Senate. There are only a handful of Democrats that will be working on redrawing districts on a federal and state level. It is hard for Democrats to change the rules of the game when they do not have enough elected officials to field a team.

Haridopolos, Marco Rubio, Ray Sansom, and David Rivera have been involved in various corruption scandals related to they service in the Florida legislature. Hoping for Republicans to draw up districts that will take away their dominance is pure fantasy. The Republican Party of Florida and legislative GOP members will mount a fierce campaign against fair district changes.

The Florida Democratic Party is broken. Democrats are putting their faith in a new chairman who has lost two statewide races and most famous moment is the much mocked helicopter ad.



It is doubtful Smith is going to significantly increase Democrats chances of getting elected to the Florida legislature any time in the foreseeable future. Haridopolos' prediction of lawsuits looks increasingly likely. The redistricting fight will get uglier as Florida again becomes a presidential battleground state.

"For he that holds his kingdom holds the law."

William Shakespeare, King John, 3.1

The people that make laws in Tallahassee have every intention of keeping their kingdom.

Update: Gary Fineout tweeted this.

Plus, U.S. Reps. Brown and Diaz-Balart have now changed lawsuit so it is against (Rick) Scott and SOS (Kurt) Browning.

No Match, No Vote

Pinellas County Supervisor of Elections Deborah Clark deserves credit for having her poll workers recheck applications, so voters would not have to cast provisional ballots. The No Match, No Vote requires that name, last four digits of a social security card and Florida ID match the voter application. If not, the potential voter either doesn't vote or has to vote by provisional ballot. Florida Sec. of State Kurt Browning responded by threatening legal action against Clark.

Karl Rove and the Republican Party have pushed voter fraud. The Bush administration politized the Justice Department. US Attorneys were fired for not being aggressive enough on voter fraud.

The Justice Department demanded that one U.S. attorney, Todd P. Graves of Kansas City, resign in January 2006, several months after he refused to sign off on a Justice lawsuit involving the state's voter rolls, Graves said last week. U.S. Attorney Steven M. Biskupic of Milwaukee also was targeted last fall after complaints from Rove that he was not doing enough about voter fraud. But he was spared because Justice officials feared that removing him might cause political problems on Capitol Hill, according to interviews of Justice aides conducted by congressional staff members.

"There is reason for worry and suspicion at this point as to whether voting fraud played an inappropriate role in personnel decisions by the department," said Daniel P. Tokaji, an election law specialist at Ohio State University's Moritz College of Law.

In 2007, a New York Times article revealed the Justice Department investigation investigation found no voter fraud conspiracy. What is at work is repressing voter turnout. The McCain campaign is terrified ACORN is registering young voters (that will probably vote for Obama.) So they accuse ACORN is involve in a voting fraud conspiracy. ACORN's problem was a few greedy people getting paid by the application. Most improper voter registration forms are new voters making human error. Republicans believe young people and the undereducated will not vote for their party. So, the GOP disenfranchises these voters. That is why there is a No Match, No Vote law.

Rove using voter fraud allegations to help his candidate Perry Hooper.

Rove had other plans, and immediately moved for a recount. "Karl called the next morning," says a former Rove staffer. "He said, 'We came real close. You guys did a great job. But now we really need to rally around Perry Hooper. We've got a real good shot at this, but we need to win over the people of Alabama.'" Rove explained how this was to be done. "Our role was to try to keep people motivated about Perry Hooper's election," the staffer continued, "and then to undermine the other side's support by casting them as liars, cheaters, stealers, immoral—all of that." (Rove did not respond to requests for an interview for this article.)

The campaign quickly obtained a restraining order to preserve the ballots. Then the tactical battle began. Rather than focus on a handful of Republican counties that might yield extra votes, Rove dispatched campaign staffers and hired investigators to every county to observe the counting and turn up evidence of fraud.

That is GOP voting fraud in a nutshell.

Feinstein and Kohl Want GOA To Investigate Florida Voting

United States Senators Dianne Feinstein and Herb Kohl Florida to allow the Government Accountability Office to investigate Miami-Dade, Broward, Pinellas and Hillsborough counties. There is a question of the quality of access for elderly and diabled people to voting precincts. Secretary of State Kurt Browning has refused to allow the GAO into the counties. Florida is the only state that refused to let the GOA investigate.

Feinstein is disappointed of Browning's decision.

"It is vitally important that the GAO be allowed to study our nation’s election system, especially in Florida, where so many seniors live," Feinstein said. "Once again, Florida will be crucial to the outcome of the presidential election."

What is Browning's excuse? Senior citizens are going to commit voter fraud, if there are more wheelchair ramps. Seriously

Florida To Go Paper Ballots

Charlie Crist wants to do away with touch-screen voting. Crist wants Florida to go to paper ballots. One touch-screen voting machine will remain at each polling place. This is for people for prefer touch-screens.

Sec of State Kurt Browning outlines Crist's new proposal.

Kurt Browning, said Thursday the governor's wants "to move as many ballots to paper as we possibly can. And this revised proposal will actually put 99 percent of all the ballots cast in any election ... on paper."

Crist testified today to the US House elections subcommittee on Florida's election reforms.