Judge Strikes Down Parts Of Florida Voting Laws As Unconstitutional And Racially Motivated

Topline

A federal judge on Thursday ruled that several parts of Florida’s new voting laws are unconstitutional and racially motivated, the first time a federal court has struck down central elements of a slew of restrictions proposed by Republican-controlled state legislatures across the country since the 2020 presidential election.

Key Facts

In a 288-page ruling issued on Thursday, Judge Mark Walker of the Federal District Court in Tallahassee barred Florida from enforcing several new voting restrictions, arguing the “right to vote,” and the Voting Rights Act of 1965—which prohibits racial discrimination in voting—were “under siege.”

The ruling struck down restrictions on the use of drop boxes, additional requirements for absentee voting and rules prohibiting “line warming” activities such as passing out food and water to those waiting in line to cast a vote.

The provisions were part of Senate Bill 90, signed into law in May, 2021, by Florida Gov. Ron DeSantis and challenged immediately after in a lawsuit filed by the League of Women Voters of Florida, the NAACP and other organizations.

The plaintiffs, Walker said, were “for the most part” right in their allegations that the law makes voting “harder for all eligible Floridians,” unduly burdensome for disabled voters and that it intentionally targets minority voters to “improve the electoral prospects of the party in power.”

Walker, who was appointed by former President Barack Obama, also barred the state from enacting voting laws governing drop boxes, or “line warming” activities” for the next 10 years without receiving clearance from the federal government.

Crucial Quote

“For the past 20 years, the majority in the Florida Legislature has attacked the voting rights of its Black constituents,” Walker wrote in the ruling.

What To Watch For

The decision to be appealed. Walker’s ruling is likely to be overturned by the 11th U.S. Circuit Court of Appeals, which is widely viewed as conservative, or by the Supreme Court, the New York Times reported.

Key Background

Walker’s ruling is the first invalidation of key parts of GOP-backed voting legislation enacted across the country since the 2020 presidential election, according to NBC News. In the aftermath of former President Donald Trump’s false claims of a rigged presidential election, a host of Republican-led state legislatures have proposed more restrictive voting measures, including Georgia, Iowa, Kansas and Texas. Between January 1 and December 7 of 2021, at least 19 states passed 34 laws restricting access to voting, the Brennan Center for Justice found. The Biden administration has pushed for voting rights measures, but several proposals, including the John Lewis Voting Rights Advancement Act and the Freedom to Vote Act, are stalled in the Senate.

Further Reading

Judge Rules Parts of Florida Voting Law Unconstitutional (New York Times)

Federal judge blocks Florida restrictive voting law (NBC News)

Here Are The Ways Republicans Are Trying To Restrict Voting Access (Forbes)

Source: https://www.forbes.com/sites/madelinehalpert/2022/03/31/judge-strikes-down-parts-of-florida-voting-laws-as-unconstitutional-and-racially-motivated/