The cable network asks to copy the list of those who are identified as felons and might be removed from voter rolls.
By Associated Press
Published June 3, 2004
TALLAHASSEE - CNN sued the Florida Division of Elections on Wednesday, seeking to gain access to a state list of registered voters identified as felons who might need to be deleted from the voting rolls.
The state provides a list of felons who may not be able to vote to county elections officials, who must go through them one by one to determine whether the individuals should be removed from the rolls.
State and county officials acknowledge the list likely contains many people who legally should continue to be allowed to vote.
For example, some may have had their charges reduced or been granted clemency. Some simply have the same name and birthday as someone else who is a felon. County officials are going through more than 47,000 names to determine who should be purged from voter lists.
The list technically is a public record, but state law lets only certain people and groups, such as political parties or candidates, get copies of various voter registration lists. Everyone else may look at them, but can't make a copy.
CNN asked on May 24 for the list of Florida voters, but was told a CNN representative could come to Tallahassee only to look at it, not copy it. Florida media have made the same requests, and been told the same.
The lawsuit filed in Leon Circuit Court claims the requirement is unconstitutional and irrational, and cites as an example that people who might be on the list have no way to know they're on the list unless someone contacts them. The news network, based in Atlanta, claims the law violates the state's constitutional guarantee of open government, and says there's no compelling state interest to do so.
But Jenny Nash, a spokeswoman for the Florida Department of State, which includes the Division of Elections, said the division has two other constitutional concerns.
"We have a constitutional responsibility to one, protect the integrity of elections, and two, protect the privacy of the voters," Nash said.
She said that because the list only includes potential - not certain - matches of voters and felons, "the release of this information would potentially violate the privacy of innocent voters."
CNN alleges the law also violates equal protection guarantees because it creates a "preferred class" of people who can copy public records, while saying others can't.
The Florida First Amendment Foundation, based in Tallahassee, plans to file a motion to intervene to become a joint plaintiff in the case, said its director, Barbara Petersen.
The list is of interest to journalists because of the potential for mistakes.
After the 2000 election, in which President Bush was declared the winner in Florida by 537 votes following five weeks of recounts and challenges, there were widespread claims around the state by people who said they were prevented from voting even though they weren't felons.
CNN said "there is enormous public interest in scrutinizing the potential disenfranchisement of such a large pool of citizens in what portends to be a closely contested presidential race."
