U.S. judge blocks FL’s ban on noncitizen participation in voter registration

Engage Miami Civic Foundation hosted a voter-registration drive to encourage voting among young, minority citizens in 2021. Credit: Engage Miami Civic Foundation

Quality Journalism for Critical Times

Ruling roughly six months before the November general election, a federal judge has declared unconstitutional a state law banning noncitizens from helping to register voters and ordered Secretary of State Cord Byrd and Attorney General Ashley Mood not to enforce it.

U.S. District Chief Judge Mark Walker in Tallahassee ruled Wednesday that the law discriminated against noncitizens based on their status. He cited the harm the law inflicted on Veronica Herrera-Lucha and Norka Martínez, two of the plaintiffs in the case.

“Here, the record is clear that individuals like Ms. Herrera-Lucha and Ms. Martínez either can no longer work as paid canvassers or have had the terms of their employment substantially changed for fear of running afoul of the citizenship requirement. And defendant Moody has the authority to enforce the citizenship requirement,” Walker wrote in a 12-page ruling.

“Here plaintiffs have suffered — and continue to suffer — irreparable injuries. Indeed, the individual members in this case have been unconstitutionally discriminated against based on their non-citizenship status,” he added.

“This discrimination has prevented plaintiffs from registering new voters — a lost opportunity that cannot be remedied with monetary damages. The public has no interest in enforcing an unconstitutional law — especially one that facially discriminates based on alienage. On the other side of the ledger sits the individual plaintiffs’ rights to equal protection under the law. There is no comparison. Plaintiffs are entitled to an injunction,” Walker concluded.

“This court hereby declares that the citizenship requirement … violates plaintiffs’ rights under the Fourteenth Amendment of the United States Constitution. This court grants plaintiffs’ request for a permanent injunction. Neither defendant Byrd nor defendant Moody, nor their successors in office, deputies, officers, employees, agents, nor any person in active participation or concert with defendants Byrd and Moody, shall enforce, nor permit enforcement of, the citizenship requirement provision … ,” Walker wrote.

Additional plaintiffs include the Hispanic Federation and Poder Latinx plus two individuals suing under the “Doe” pseudonym, represented by the American Civil Liberties Union, ACLU of Florida, LatinoJustice PRLDEF, Dēmos, and the Arnold & Porter law firm.

“The restrictions included lawful permanent residents, many of whom have long-time, close ties to the communities in which they reside,” the ACLU said in a written statement.

Temporary injunction

Press aides to Gov. Ron DeSantis, who supported the law, have not responded to a request for comment. Neither has Moody’s press office replied regarding whether she plans an appeal.

Hispanic Federation spokesman Frederick Vélez III Burgos said voter canvassing would soon begin. “Due to Judge Walker’s ruling enforcing a permanent injunction, HF is now ready to ramp up our voter registration efforts across Florida as well as our recruitment efforts for canvassers,” he said by email.

Walker had already issued a temporary injunction against the law, enacted last year as SB 7050. The law erects barriers to third-party voter-registration organizations, including fines of $50,000 for each infraction, such as missing deadlines for filing voter-registration forms with the state or county supervisors of elections.

The law made sweeping changes to election administration, including banning people convicted of voting-related felonies from working as canvassers. It requires organizations to reregister following every election cycle and bars them from retaining people’s personal information. The law tightens regulations for election supervisors regarding removing dead people, felons, and the mentally incapacitated from the rolls, and allows them to accept vote-by-mail ballot requests only from individual voters or members of their immediate family.

During a pivotal election year, some organizations have put voter registration on hold under the risk of such crippling penalties.

That ruling is under appeal, Walker noted, but “neither side has presented any argument for why this court should refrain from entering judgment at this juncture notwithstanding the pending appeal, … nor does this court see any reason to refrain from doing so.”

Representatives of the plaintiffs issued written statements welcoming the ruling.

“Today’s order by Chief U.S. District Judge Mark Walker confirms what we have been saying all along: The noncitizen provision in SB 7050 is unconstitutional, discriminatory, and goes against the very fabric of U.S. democracy,” said Frankie Miranda, president and CEO of Hispanic Federation.

‘Monumental victory’

“We are happy with this decision, but the truth of the matter is that we had to expend precious time and resources to file this lawsuit to protect the rights of Floridians. We hope this sends a clear message to Florida legislators, Gov. DeSantis and other states that Hispanic Federation and our partners will remain vigilant and continue fighting against attempts to restrict voting rights and upend democracy,” Miranda added.

“This is a monumental victory for democracy and our communities. By striking down this unjust law that threatened to silence lawful permanent residents, the court has upheld the right of all individuals to participate in their governance,” said Yadira Sanchez, executive director of Poder Latinx.

“Poder Latinx challenged this draconian measure to protect community-based organizations, which are crucial in voter registration efforts. Today’s ruling reaffirms justice, inclusivity, and equal representation, sending a powerful message that attempts to suppress voter engagement will not be tolerated. We celebrate this triumph and remain committed to advocating for voter rights and ensuring every voice is heard in our democratic process,” she continued.

“Denying noncitizens the ability to help register eligible voters in their communities is unconstitutional and discriminatory. Our clients stood courageously against SB 7050 and we are thrilled that today’s victory protects all Floridians wanting to motivate their community to vote. LatinoJustice PRLDEF is dedicated to breaking down barriers to civic engagement and fighting efforts to demonize our vibrant immigrant community,” said Miranda Galindo, supervising attorney for that organization.

Note: This story has been updated to include comment by Hispanic Federation spokesman Frederick Vélez III Burgos.

The post U.S. judge blocks FL’s ban on noncitizen participation in voter registration appeared first on Florida Phoenix.