The Orlando Sentinel is reporting that New York University Law School’s Bennan Center for Justice has written Florida Secretary of State Kurt Browning, asking him to delay implementation of the state’s controversial new elections law. #
The letter from the Brennan Center argues that Florida statutes require uniform application of election laws — which Florida does not currently have. Browning issued a directive (available below) the day the bill was signed, noting that the changes mandated by House Bill 1355 took effect on becoming law. #
Browning wrote that the directive was intended to ensure that the changes are “uniformly interpreted and implemented.” Implementation has proceeded apace in 62 of 67 counties, including Miami-Dade, which was holding elections last month as the bill became law. New monitoring requirements are already being distributed for third-party registration groups. #
The remaining five counties must wait for the measure to be approved by the U.S. Department of Justice. The Brennan Center argues that this means the state should wait for the law to receive “preclearance” before implementing the changes anywhere. #
A spokesman for the Florida Department of State said in a statement that the law has to be implemented immediately: #
Florida law requires the state’s counties to implement current election law. Meanwhile, federal law, in regard to preclearance as a result of the voting rights act, requires five Florida counties to wait to be precleared following any change in election practice or procedure, which the counties are doing. #
Additionally, Secretary Browning doesn’t have the authority to overrule current elections law and demand a county not abide by the law. Every Florida county is following the law as it is required of them. #
Leon County Supervisor of Elections Ion Sancho, who has been among the law’s most vocal critics since it was first proposed, said it’s hard to say the state has uniform election laws right now, with implementation proceeding so quickly. #
“There’s just all kinds of directives and rules flying around,” he said. “The past 23 years I’ve been a supervisor of elections, I’ve never seen a flurry of activity like this” so soon after a new elections law took effect. #
The American Civil Liberties Union announced today it will be challenging the implementation in court. #
Browning’s directive: #
