Friday, February 07, 2014

Ken Detzner Suppresses Early Voting at University of Florida

:"I just can't understand why they feel the need to be so restrictive about where people are allowed to vote ... This is strategic. They're worried about young people voting."

Lori Edwards, Polk County Supervisor of Elections.

Edwards was speaking on Secretary of State Ken Detzner denying the University of Florida student union being used as a early voting site. Detzner gave this reason.

"The Reitz Union is a structure designed for, and affiliated with, a specific educational institution," says an advisory opinion from Maria Matthews, director of the state Division of Elections, which is run by a Scott appointee, Secretary of State Ken Detzner. "The terms 'convention center' and 'government-owned community center' cannot be construed so broadly as to include the Reitz Union."

The Republican controlled state legislature reject having "educational facilities" as voting sites. Edwards is right. Republicans have given up on young voters and simply want to suppress the vote.

State Senator Jeff Clemens sent this letter.

I write you to express my concern with a misinterpretation of statute from a bill that passed through the Florida legislature last session, as it relates to voting at community centers.

The bill we passed, which later was signed into law by the governor, was very clear in stating that a "government-owned community center" is an acceptable location for early voting...

The Reitz Union is government-owned, as the University of Florida is a public insitution founded and funded by the state of Florida. The Reitz Union is also (a) community center, obviously.

There is no ambiguity in the statute, nor is there any in the public nature or purpose of the Reitz Union. The statute is crystal clear, straightforward and with no room for misinterpretation.

As a member of the Senate Ethics and Elections Committee that formulated this bill, I ask that you immediately re-evaluate your unlawful decision to not allow voting at the Reitz Union..."

Sadly, the complaints of Clemens will fall on deaf ears.

We need stronger fedral voting laws to stop this kind of voting suppression.

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Wednesday, May 22, 2013

Lawmakers Won on Florida Supreme Court Decision

I don't have a great deal of knowledge about Florida law on legislative privilege. I have no reason to doubt that the 1st District Court of Appeal was upholding the law by protecting members of the Florida legislature from testifying on redistricting. I still would have liked to hear members of the legislature speak on-the-record about the redistricting process. From the decision.

"We are confident that respondents will be able to make their case that the plan was drawn with improper intent -- if, indeed, that was what happened -- with the evidence in the legislative record and their experts’ analysis of the plan and its underlying demographic data," wrote Judge T. Kent Wetherell, who was joined in the majority by Judge Scott Makar.

I don't believe that members of the Florida legislature should be hauled into court every time a group or a citizen has a disagreement on legislation. These elective officials would always be in court. I would like to see the legislature testify on matters as important as redistricting. The question is how can courts make that distinction. Does Florida law even give the courts that much leeway?

Judge Lewis' decision in the 1st District Court of Appeal did not touch upon testimony from the legislature. Lewis refused to dismissed the case because Sec. of State Ken Detzner argued that the Florida Supreme Court has executive jurisdiction over challenges to redistricting plans. Lewis noted that the argument wasn't true.

The problem with this argument is it flies it the face of the case law. In the 40 plus years this method has been in the Florida Constitution, and despite the several opinions on redistricting, including the two most recent opinions in 2012, the Florida Supreme Court has never held that it has executive judisdiction over over challenges to legislative redistricting plans. To the contrary, it has repeatedly stated that it was limited to a "facial" review and that consideration of the more fact intensive "as-applied" claims were "better suited for a court of competent judisdiction where there is an opportunity to present evidence and witness testimony and where the court has the ability to make factual findings based on the evidence presented."

THe Florida Supreme Court isn't designed to hear hours of witness testimony. That is why Detzner appealed the 1st District Court of Appeaal ruling. Lewis was more than willing to hear legislators and staffers speak on the redistricting process. The good news for the Legue of Women Voters is the Florida Supreme Court hasn't dismissed the case. As of now, the obvious winners from the Florida Supreme Court ruling is REpublican lawmakers and Democrats with gerrymandered districts.

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Tuesday, December 11, 2012

Florida SoS Ken Detzner's Spin Tour

Florida Secretary of State Ken Detzner is not doing a lot of listening on his listening tour. Detzner is on a listening tour to hear Floridians and bring back reccommendations to the Florida legislature. This comment by Detzner suggests he has been wearing ear plugs.

On restoring early voting times: "When you look at the turnout, which was larger than it was in 2008, that obviously speaks to the point that people were satisfied with the current law. People responded, reacted and turned out in greater numbers."

People turned out to vote despite voter suppression. Detzner would have you believe that the laws enhanced voting. Increased voter turnout is because of the Obama campaign's GOTV.

Proof the the listening tour is a sham. Hillsborough County Supervisor of Elections Craig Latimer told the Tampa Bay Times Department of State council Gary Holland wasn't interested in listening.

Return early voting to 14 days, from eight during this year's general election, they advised Don't tamp down voter registration by placing additional restrictions on third-party groups. And don't limit early voting sites to libraries and government buildings.

The response from Department of State interim general council Gary Holland, on at least that last point: "Talk to the Legislature."

"I was a little taken aback by that," said incoming Hillsborough County Supervisor of Elections Craig Latimer. "I was like, I thought that's why you are here."

This listening tour is a damage control tour.

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