Florida

Release from a Political Life Sentence: How Florida Voters Approved the Largest Enfranchisement in 47 Years – Part I

Election Law Society · January 21, 2019 ·

By: Zach McDonnell

In the 2018 midterm elections, Florida had such close elections that both its Senate and Governor’s races appeared headed for a recount, even several days after November 6. One election in the state, however, presented a resounding victory for a population that’s not used to seeing very many wins, in court or in the political process: convicted ex-felons. 64.5% of Florida voters approved of Amendment 4, a Florida state constitutional amendment that will automatically restore the voting rights of at least 1.4 million people—the single largest enfranchisement of Americans since the ratification of the Twenty-Sixth Amendment in 1971. Now, all felons—with the exception of those convicted of murder and felony sexual offenses—will automatically have their voting rights restored upon the completion of their sentences, including probation and parole. Those convicted of murder and sex offenses will instead be relegated to the restoration system that, prior to Amendment 4’s passage, all Florida ex-felons had to endure.

Flip and Flop: Federal judge lifts Michigan state law banning “Ballot Selfies,” but Sixth Circuit reverses four days later

Election Law Society · February 21, 2017 ·

By: Angela M. Evanowski

On October 24, 2016, famous singer and actor Justin Timberlake found himself in trouble after posting a “ballot selfie” on his two social media accounts, Twitter and Instagram. Timberlake, who is registered to vote in Tennessee, flew from California to his home voting county and posted the selfies in order to encourage millennials and fans to vote. However, to the surprise of Timberlake, the state of Tennessee earlier this year passed a law banning voters from taking photographs or videos during the voting process. Luckily, for this famous former boy-band member, he is not going to face any criminal charges or punishment for posting his ballot selfies. [Read more…] about Flip and Flop: Federal judge lifts Michigan state law banning “Ballot Selfies,” but Sixth Circuit reverses four days later

Election Law Program Pilots Three Online Platforms of State Election Codes in Colorado, Florida and Virginia

Election Law Society · October 19, 2016 ·

Wondering what the Virginia election code has to say about campaign volunteers and others at the polls? Want context on statutes that govern when voter registration ends in Florida? Curious about how Colorado election statutes impact voter registration lists?

In advance of next month’s election, the Election Law Program, a joint project of William & Mary Law School and the National Center for State Courts, is piloting three online platforms of state election codes in Colorado, Florida and Virginia. Teams of election experts have annotated their state’s election code to give context for how the law operates in these states. In addition, case law, regulations, advisory opinions, and administrative guidance are linked to relevant statutes to provide a full picture of how election codes in Colorado, Florida, and Virginia function.

Crafting Competitive Criteria: The Institution is Critical

Election Law Society · October 5, 2016 ·

By: Benjamin Williams

With the rapid increase in political polarization in recent years, momentum is building in several states to dramatically alter the redistricting process after the 2020 Census. True to the idea of the states being laboratories of democracy, there have been state constitutional amendments in Florida, partisan gerrymandering challenges in Wisconsin, Maryland, and North Carolina, redistricting criteria bills in Virginia, as well as a myriad of racial gerrymandering challenges. But the new idea—based on a blend of Iowa-style and Florida-style redistricting—is to create stringent criteria for legislatures to follow. That idea is simple enough: if the redistricting body (legislature, independent redistricting commission, college students, etc.) is forced to follow strict criteria when redistricting, the result will be “better” districts that aren’t ugly and are more competitive. But does the data actually bear this out?

The Fantasy of the Hispanic Voting Bloc in Florida and Its Implications on Redistricting

Election Law Society · March 16, 2016 ·

All across the country for the last few years, whenever politicians or the media talk about minority groups, they talk about the “Hispanic Vote,” lumping all Hispanic voters into a single group. But this statement is problematic for the United States, particularly in a state like Florida, in the context of redistricting, because Hispanic voters are not like other minority voters. Unlike black voters, Hispanic citizens, despite their shared language, are not one single homogenous block of voters. They come from different countries, have different cultures, and identify as different races. In fact, certain groups of Hispanics from some countries share strong animosity against groups of Hispanics from other countries. These differences, reflected in some Hispanic voting patterns, make it difficult for state legislatures to comply with the Voting Right Act when drawing district lines, but it can make it even more difficult for Hispanic plaintiffs to challenge districts because of the case law enunciated in Thornburg v. Gingles (1986). Gingles requires that a plaintiff challenging a state for violating §2 of the Voting Rights Act must prove that a minority is sufficiently large, politically cohesive, and that the majority votes as a block against the minority to prove vote dilution.