On May 6, 2021, Governor Ron DeSantis of Florida signed Senate Bill 90 into law. While the Governor and his Republican colleagues in the Legislature heralded SB 90 for its election integrity and transparency measures, critics called foul, or rather “voter suppression.” SB 90 is Florida’s contribution to a flurry of state-led reforms sparked by the national discourse on the validity of the 2020 election. As a result of SB 90, the U.S. District Court for the Northern District of Florida now has a substantial election law docket. Petitioners assert a variety of claims (including ADA, Equal Protection, and Fifteenth Amendment claims), with claims regarding Section 2 of the Voting Rights Act featuring prominently.
By: Kristin Palmason
The Help America Vote Act (HAVA) enacted by Congress in 2012 with overwhelming bipartisan support, provides federal funds to states for the purpose of reforming the administration of elections, including upgrading voting equipment and eliminating punch-card and lever voting machines. As HAVA was enacted in response to the 2000 contested election of Bush v. Gore, which hinged on outdated voting equipment and “hanging chads,” HAVA funds were intended to streamline internal election processes and updating archaic voting systems. Arizona committed to using the funds to replace punch card voting systems, add touch screen equipment and update voter registration, provisional balloting, and grievance processes. By 2015, approximately $3.3 billion in HAVA funds for election assistance was awarded to states nationwide, with approximately $52.5 million awarded to Arizona.