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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsAppeals Court: Rick Scott’s Voter Purge Was Illegal
Appeals Court: Rick Scotts Voter Purge Was Illegal
By Josh Israel
Gov. Rick Scotts (R-FL) 2012 voter purge was so error-riddled that 30 Republican local elections officials refused to carry it out and his hand-picked Secretary of State had to apologize for it. On Tuesday, a federal appeals court issued a ruling repeating what the U.S. Department of Justice said at the time: because the effort came close to the 2012 elections, it was illegal under federal law.
To prevent major changes to the voting lists that could disenfranchise citizens by accidentally removing them close to Election Day, Congress included a provision in the 1993 National Voter Registration Act to prevent any purges during that time. The law, commonly know as the Motor Voter Act for its provisions allowing people to register to vote when they get their drivers license, spelled out:
But despite this clear language, Scott and the Florida Department of State launched a statewide purge just 55 days before the November 2012 elections. Volusia County Supervisor of Elections Ann McFall, a Republican who spoke out against the purge attempt, told ThinkProgress at the time that while she and other elections officials were working to ensure a smooth election, the states push to purge voters just doesnt help us whatsoever. Still, Scotts Secretary of State Ken Detzner told McFall and other supervisors that the names of thousands of non-citizen registered voters would be sent to them no later than October 15″ and that Eligibility records maintenance is an ongoingrequirement of federal and state law and is not subjectto the 90-day moratorium preceding a federal election(in contrast to address list maintenance which is). Even this pared-down list of sure-fire non-citizens included some U.S. citizens fully eligible to vote.
Though Florida voters were unable to get a federal court to issue an order preventing the purge at the time, a three-judge panel for the 11th Circuit Court of Appeals voted 2 to 1, to overturn lower court ruling and found the 2012 purge attempt illegal. Writing for the majority, Judge Beverly B. Martin wrote that the plain meaning of the 1993 law covered situations like this one:
- more -
http://thinkprogress.org/justice/2014/04/01/3421701/florida-voter-purge-illegal-appeal/
By Josh Israel
Gov. Rick Scotts (R-FL) 2012 voter purge was so error-riddled that 30 Republican local elections officials refused to carry it out and his hand-picked Secretary of State had to apologize for it. On Tuesday, a federal appeals court issued a ruling repeating what the U.S. Department of Justice said at the time: because the effort came close to the 2012 elections, it was illegal under federal law.
To prevent major changes to the voting lists that could disenfranchise citizens by accidentally removing them close to Election Day, Congress included a provision in the 1993 National Voter Registration Act to prevent any purges during that time. The law, commonly know as the Motor Voter Act for its provisions allowing people to register to vote when they get their drivers license, spelled out:
A State shall complete, not later than 90 days prior to the date of a primary or general election for Federal office, any program the purpose of which is to systematically remove the names of ineligible voters from the official lists of eligible voters.
But despite this clear language, Scott and the Florida Department of State launched a statewide purge just 55 days before the November 2012 elections. Volusia County Supervisor of Elections Ann McFall, a Republican who spoke out against the purge attempt, told ThinkProgress at the time that while she and other elections officials were working to ensure a smooth election, the states push to purge voters just doesnt help us whatsoever. Still, Scotts Secretary of State Ken Detzner told McFall and other supervisors that the names of thousands of non-citizen registered voters would be sent to them no later than October 15″ and that Eligibility records maintenance is an ongoingrequirement of federal and state law and is not subjectto the 90-day moratorium preceding a federal election(in contrast to address list maintenance which is). Even this pared-down list of sure-fire non-citizens included some U.S. citizens fully eligible to vote.
Though Florida voters were unable to get a federal court to issue an order preventing the purge at the time, a three-judge panel for the 11th Circuit Court of Appeals voted 2 to 1, to overturn lower court ruling and found the 2012 purge attempt illegal. Writing for the majority, Judge Beverly B. Martin wrote that the plain meaning of the 1993 law covered situations like this one:
For programs that systematically remove voters, however, Congress decided to be more cautious. At most times during the election cycle, the benefits of systematic programs outweigh the costs because eligible voters who are incorrectly removed have enough time to rectify any errors. In the final days before an election, however, the calculus changes. Eligible voters removed days or weeks before Election Day will likely not be able to correct the States errors in time to vote. This is why the 90 Day Provision strikes a careful balance: It permits systematic removal programs at any time except for the 90 days before an election because that is when the risk of disfranchising eligible voters is the greatest.
- more -
http://thinkprogress.org/justice/2014/04/01/3421701/florida-voter-purge-illegal-appeal/
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Appeals Court: Rick Scott’s Voter Purge Was Illegal (Original Post)
ProSense
Apr 2014
OP
Even 30 Republican officials refused to follow Scott's illegal plan? One thing I'll say, I'm always
DesertDiamond
Apr 2014
#11
shenmue
(38,506 posts)1. Ha ha!
I sure hope he goes to jail.
Man, that would be fun.
Boom Sound 416
(4,185 posts)2. The flag should have gone up the minute
You put the words voter and purge together.
Jamaal510
(10,893 posts)3. Next to the word "Rethug" in the dictionary,
you'll see Rick Scott's picture.
iemitsu
(3,888 posts)4. And so what will or can be done to rectify this situation?
How can the tainted elections, in Florida, ever be verified or validated?
The Governor interfering with the smooth and legal proceeding of an election ought to be grounds for impeachment.
Mr.Bill
(24,280 posts)12. Grounds for prosecution
would be more like it.
iemitsu
(3,888 posts)13. I suppose that has to be good enough.
But I think he deserves to be tarred and feathered too.
Cha
(297,136 posts)5. Bam! Finally some positive "voter suppression" action! Thanks PS
ProSense
(116,464 posts)6. You're welcome.
These assholes were trying to swing Florida for Romney.
Cha
(297,136 posts)8. Yeah, since that didn't work.. they're trying to swing it for
Scott.
WhiteTara
(29,703 posts)7. Now what? nt
Doctor_J
(36,392 posts)9. Excellent. He will have a blast in federal prison
ProSense
(116,464 posts)10. Kick! n/t
DesertDiamond
(1,616 posts)11. Even 30 Republican officials refused to follow Scott's illegal plan? One thing I'll say, I'm always
happy to see proof that some Republicans do have consciences. The only question remains though is why are they still Republicans?
mountain grammy
(26,618 posts)14. So, now, at long last, will this crook go to jail???
sheshe2
(83,730 posts)15. Kick!
groundloop
(11,518 posts)16. NOTHING will come of this, the damage has already been done.
Overseas
(12,121 posts)17. K&R.