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Last updated on February 11, 2012 at 11:16 EST

Court rules against Florida voter law

August 28, 2006

By Jim Loney

MIAMI (Reuters) – A Florida judge on Monday barred
enforcement of a state law that imposed fines on civic groups
for failing to meet state deadlines in their voter registration
drives, ruling the law violated free-speech rights and
discriminated against the groups.

The order was a victory for the League of Women Voters of
Florida and other groups that claimed the law effectively shut
down non-partisan voter registration drives while allowing
political parties to continue to register voters.

“This is a win for democracy and will send a signal to
officials in Florida and other states that you cannot erect
unreasonable barriers to voter registration,” Wendy Weiser, a
lawyer for the plaintiffs, said in a statement.

Florida officials were considering options for an appeal.

“The Department of State respectfully disagrees with the
ruling and plans to take up the merits of the case on appeal,”
spokesman Sterling Ivey said.

Florida and other states tightened election laws following
the chaotic 2000 presidential election, in which the U.S.
Supreme Court ruled that George W. Bush won Florida and the
U.S. presidency after five weeks of court battles.

The voter registration measure was one of a series of
reforms signed by the president’s younger brother, Florida Gov.
Jeb Bush.

The League of Women Voters and other groups sued, saying
the law imposed unreasonable fines of $5,000 for each voter
registration application a group fails to submit, and smaller
fines for missing registration deadlines, even due to events
beyond a group’s control, such as hurricanes.

The groups argued that the law violated free-speech rights
and disproportionately discriminated against low-income,
minority, disabled and other “marginalized citizens” who relied
on the groups to help them register to vote.

The groups said the fines could wipe out their budgets for
voter registration drives.

In issuing a preliminary injunction, U.S. District Judge
Patricia Seitz ruled the law discriminated in favor of
political parties by excluding them from the definition of
third-party voter registration organizations.

She said the imposition of the fines was unconstitutional
because it “chills Plaintiffs’ First Amendment speech and
association rights.”

Weiser said the ruling could head off “voter-suppression”
laws in other states.

In addition to the League of Women Voters of Florida, the
plaintiffs included People Acting For Community Together
(PACT), the Florida AFL-CIO, the American Federation of State,
County and Municipal Employees, and others.


Source: reuters