Judge rules Florida can’t ban noncitizens from voter drives
A federal court overturned a provision of a Florida state law aimed at preventing noncitizens from registering new voters. The provision imposed a $50,000 fine on any organization for each noncitizen or permanent resident who collects or handles voter registration forms for noncitizens.
The bill (SB 7050) went into effect July 1. The Republican-controlled Legislature said that the measure was designed to bolster election security and protect information submitted by voters. But almost immediately, third-party voter registration groups and nonprofits filed lawsuits against the state.
In his ruling, Chief U.S. District Judge Mark Walker found that the “citizenship requirement” provision violates plaintiffs’ right to equal protection under the law.
“Here, the Florida Legislature chose to discriminate against all noncitizens on the face of the challenged provision,” wrote Walker in his summary judgment last week. “The relevant constitutional test to judge whether the Florida Legislature’s decision to discriminate against all noncitizens, regardless of immigration status, violates the Equal Protection Clause is whether the law satisfies strict scrutiny.”
Other provisions in the bill remain in effect pending a decision, such as reducing the time to submit voter registration forms from two weeks to 10 days, preventing groups from retaining personal information about individuals who sign up to vote and requiring them to provide receipts to those who register. Once a trial is conducted, the court will evaluate the evidence and determine whether these provisions can continue to be enforced, said Cesar Z. Ruiz, associate counsel at LatinoJustice PRLDEF, a civil rights organization that focuses on issues affecting the Latino community in U.S.
“There is no clear timeline on when we could expect such a decision,” said Ruiz, who is also one of the lead counsels on the case.
In Florida, Hispanics account for a bigger share of registered voters than ever before — at 18% — according to data from the Florida Division of Elections. Voter groups have played a critical role in this demographic shift.
Initiatives such as voter registration drives include local campaigns and strategies by nonpartisan groups, advocates and community members. But preventing noncitizens from encouraging eligible voters to exercise their right and duty goes against democratic principles, said Yadira Sanchez, executive director of Poder Latinx.
“These are laws created to discourage the political power of some, but now with this judicial decision, we can continue to build bridges, raise voices, motivate voters to participate more actively, and give the opportunity to those who can exercise their vote,” said Sanchez in an email to the Tampa Bay Times.
Florida has the third-largest Latino eligible voters (3.5 million), following only California (8.5 million) and Texas (6.5 million), according to the Pew Research Center. Nationwide, Latinos are projected to account for 14.7% of all eligible voters in November, a new high, said the Center.
Soraya Marquez, Florida state director of Mi Familia Vota, a nonprofit that works to boost Hispanic voter turnout, said Walker’s decision delivers a distinct message and recognizes the right of Florida residents to work in voter registration. Since 2012, the group and their volunteers have registered over 125,000 citizens.
One of those volunteers is Victoria Marin, a TPS holder from Venezuela and community organizer. Marin, 32, is not eligible to vote, but she is happy to encourage friends and other people from minority communities to cast ballots in November.
“It’s good news, definitely,” Marin said. “It makes me happy because there are many volunteers who are not citizens but they want to help their community.”
