Tuesday, January 16, 2018
Politics

Justice Department says Florida fails 'burden of proof' on new voting law

TALLAHASSEE — The U.S. Department of Justice says Florida has not proved that its new voting law protects racial and ethnic minorities from discrimination in Hillsborough, Monroe and three other counties.

The changes reduce the days of early voting, expand the use of provisional ballots and require groups that register voters to be fined if they fail to submit forms within 48 hours.

The federal government's assertion is in court papers filed before a three-judge panel in U.S. District Court in Washington, D.C. The panel must decide whether to approve the three changes in time for the fall elections in the five counties, a process known as pre-clearance.

The other affected counties are Collier, Hardee and Hendry.

A joint status report filed by both sides in court this week says in part: "The United States' position is that the state of Florida has not met its burden of proof under Section 5 of the Voting Rights Act, on behalf of its covered counties, that these three sets of proposed voting changes neither have the purpose or will have the effect of denying or abridging the right to vote on the basis of race, color, or membership in a language minority group."

The head of the Justice Department is U.S. Attorney General Eric Holder, an appointee of President Barack Obama.

In many cases, the agency's Voting Rights Section handles pre-clearance matters. But Florida opted instead to seek approval from a three-judge panel.

Several voter advocacy groups have joined the case of Florida vs. United States on the Justice Department's side, claiming that the changes are designed to suppress voter turnout and make it harder to register new voters in Florida.

They include the Florida State Conference of the NAACP, League of Women Voters, National Council of La Raza and the American Civil Liberties Union.

"We think it's very significant that the Department of Justice has taken that position on all three of the remaining changes, both on purpose and on effect," said Julie Ebenstein, policy and advocacy counsel at the ACLU of Florida. "Since DOJ is normally the body that does administrative pre-clearance, we're encouraged that they think Florida hasn't met its burden."

At issue are three provisions in a legislative overhaul of the state elections code (HB 1355) that were made in the 2011 session and signed into law by Gov. Rick Scott.

A fourth change that was also before the court was approved by the Justice Department on Wednesday. It reduces the shelf life of voters' signatures from four years to two years on initiative petitions seeking to amend the Florida Constitution.

All of the changes already have been implemented in Florida's other 62 counties. Most voters will encounter them for the first time when early voting begins in advance of the statewide primary on Aug. 14.

The last day a person can register to vote to be able to cast a ballot in the primary is July 16.

On Monday, the three-judge panel is scheduled to finalize a schedule for the case. A trial, if necessary, would be held in May.

A spokesman for Secretary of State Ken Detzner said the state is confident the changes will be approved by the courts.

"We continue to feel that the other three sections are non-discriminatory," spokesman Chris Cate said.

Time is starting to be a factor. In a joint status report filed with the court March 2, the state said it "strongly opposes the United States' attempt to extend this action well into the summer."

In December, all parties signed a protective order keeping most information in the case secret, including the identity of a state official whose sworn testimony on Feb. 29 has prompted another legal dispute, involving the out-of-county address change.

The Justice Department accuses the state of making a new interpretation that would require any voter who moved from another county to file a provisional ballot, including people who vote early. The state says that claim is false.

Times researcher Natalie Watson contributed to this report. Steve Bousquet can be reached at [email protected] or (850) 224-7263.

Comments
North Korea calls Trump a ‘lunatic’ and a ‘loser’ in response to nuclear button tweet

North Korea calls Trump a ‘lunatic’ and a ‘loser’ in response to nuclear button tweet

North Korea’s official news agency responded Tuesday to President Donald Trump’s controversial "nuclear button tweet," describing it as the "the spasm of a lunatic," according to AP."The spasm of Trump in the new year reflects the desperate mental st...
Updated: 6 hours ago
‘What do we want? Apology!’ Hundreds of Haiti supporters protest near Mar-a-Lago

‘What do we want? Apology!’ Hundreds of Haiti supporters protest near Mar-a-Lago

Sun Sentinel (TNS)PALM BEACH — About 500 Haitian-Americans and their supporters used the Martin Luther King Jr. holiday to protest derogatory comments President Donald Trump reportedly made about immigrants from majority-black countries."What do we w...
Published: 01/15/18

U.S. forced to renew DACA permits as furor over Trump’s immigration slur persists

Los Angeles Times (TNS)WASHINGTON — The Trump administration, under court order, said it would resume taking applications to renew temporary protections from deportation for hundreds of thousands of immigrants who were brought to the country illegall...
Published: 01/14/18
GOP senator: Reports of Trump’s ‘s---hole’ comments a ‘gross misrepresentation’

GOP senator: Reports of Trump’s ‘s---hole’ comments a ‘gross misrepresentation’

A Republican senator is insisting that President Donald Trump did not use a vulgar term in referring to African countries during a closed-door meeting on immigration that he and five other senators attended last week.Georgia Sen. David Perdue called ...
Published: 01/14/18
The Trump-O-Meter: PolitiFact rates Donald Trump's first year

The Trump-O-Meter: PolitiFact rates Donald Trump's first year

By Angie Drobnic Holan PolitiFact Editor Much of Donald Trump’s presidency has been defined by provocative tweets and gloves-off fights. But Trump has used the power of the presidency to move the country toward the overarching vision he ran o...
Updated: 2 hours ago
Ethics panel advised to deny legal fees in unfounded Ken Hagan complaint

Ethics panel advised to deny legal fees in unfounded Ken Hagan complaint

A Florida Ethics Commission staff attorney has drafted an order denying Hillsborough County’s request for reimbursement for attorney fees from one of four citizens who filed unsustained ethics complaints against Commissioner Ken Hagan.The commission ...
Published: 01/12/18
Haitians in Tampa Bay area react to Trump’s slur:

Haitians in Tampa Bay area react to Trump’s slur: "It’s very racist"

Fadia Richardson had just finished dinner Thursday when she sat down to watch the news and saw a report she didn’t want to believe.In an Oval Office meeting with lawmakers to discuss immigration policy earlier in the day, President Donald Trump repor...
Published: 01/12/18
Sen. Durbin says Trump said ‘hate-filled things’

Sen. Durbin says Trump said ‘hate-filled things’

WASHINGTON — A senator present at a White House immigration meeting says President Donald Trump used vulgar language to describe African countries, saying he "said these hate filled things and he said them repeatedly." Sen. Dick Durbin, an Illinois D...
Published: 01/12/18
Trump denies he used vulgarity to describe African countries

Trump denies he used vulgarity to describe African countries

WASHINGTON — In bluntly vulgar language, President Donald Trump questioned Thursday why the U.S. would accept more immigrants from Haiti and "sh--hole countries" in Africa rather than places like Norway, as he rejected a bipartisan immigration deal, ...
Published: 01/12/18
Africa startled by Trump’s ‘extremely offensive’ comments on immigrants

Africa startled by Trump’s ‘extremely offensive’ comments on immigrants

JOHANNESBURG — Africans woke up on Friday to find President Donald Trump had finally taken an interest in their continent. It wasn’t what people had hoped for.Using vulgar language, Trump on Thursday questioned why the U.S. would accept more immigran...
Published: 01/12/18