Florida voter purge gets pushback from elections supervisors, U.S. Justice
TALLAHASSEE — Florida elections supervisors said Friday they will discontinue a state-directed effort to remove names from county voter rolls because they believe the state data is flawed and because the U.S. Department of Justice has said the process violates federal voting laws.
Late Thursday, the Department of Justice sent Florida Secretary of State Ken Detzner a letter telling him that an effort launched by Republican Gov. Rick Scott’s administration last year to remove the names of people believed to be non-citizens from voter rolls appears to violate at least two federal voting laws. The federal agency gave Detzner until Wednesday to respond.
The Justice Department letter and mistakes that the 67 county elections supervisors have found in the state list make the scrub undoable, said Martin County Elections Supervisor Vicki Davis, president of the Florida State Association of Supervisors of Elections.
“There are just too many variables with this entire process at this time for supervisors to continue,” Davis said.
Ron Labasky, the association’s general counsel, sent a memo to the 67 supervisors Friday telling them to stop processing the list.
“I recommend that Supervisors of Elections cease any further action until the issues raised by the Department of Justice are resolved between the parties or by a Court,” Labasky wrote.
Davis said the effect on supervisors will be “if they’ve started the process and they do find out that someone is ineligible to vote and they have credible and reliable information to back it up, then they will remove that person from the database. But if they have not had contact with someone on the list, they’re stopping at that point.”
Detzner in April sent supervisors a list of more than 2,600 voters his Division of Elections had identified as potential non-citizens by matching the state’s voter registration database with driver license records. Palm Beach County Elections Supervisor Susan Bucher received 115 such names.
Supervisors were supposed to send letters to those on the list notifying them to provide proof of citizenship within 30 days or be removed from the voter rolls. But supervisors say they have found errors, including some on the list who have died, many who have become naturalized citizens since they first got their driver licenses, and others who are U.S.-born citizens — including a 91-year-old, Brooklyn-born World War II hero who now lives in Broward County.
Detzner’s spokesman, Chris Cate, said of the supervisors’ plan, “The supervisors have the ultimate duty of making the determination of eligibility. We respect the process and we have confidence in their capability to determine if someone is an ineligible voter or not.”
Meanwhile, the U.S. Justice Department said the scrub appears to violate at least two federal National Voting Rights Act laws.
Five counties in Florida require federal approval before any voting or election changes are made for those counties, but Detzner did not seek approval from the Justice Department or a federal court, according to the letter written by T. Christian Herren, chief of the Justice Department’s voting section.
Florida’s current effort also appears to violate the National Voting Right Act’s prohibition on any major voter scrub 90 days before an election, Herron wrote. With an Aug. 14 primary scheduled in Florida, that would prohibit scrubs after May 16.
Herren gave Detzner until Wednesday to respond “so that the Department can determine what further action, if any, is necessary.”
Detzner issued a press release Friday indicating he will respond on time but will not back down from the state’s effort.
“As Florida’s Chief Election Officer, I am committed to ensuring the accuracy of Florida’s voter rolls and the integrity of our elections. . . . The Department will continue to act in a responsible and cautious manner when presented with credible information about potentially ineligible voters. No one that has the right to vote has been denied the opportunity to cast a vote, and as the Secretary, it is my duty to ensure that remains the case,” Detzner said.
Cate said the agency disagrees with the federal department’s interpretation of the 90-day restriction on voter list maintenance
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