Politics

Suit challenges state voting law

Rights groups say Florida can make it too hard for some to vote.

By STEVE BOUSQUET, Tallahassee Bureau Chief
Published September 18, 2007

TALLAHASSEE - Voting rights groups representing African-Americans and Haitians sued the state Monday, challenging a law they say puts unfair barriers on people who register to vote.

A similar law was struck down by a federal judge in Washington state earlier this year, prompting several other states to scrap laws similar to Florida's, the groups claim.

The 2-year-old Florida law requires election supervisors to verify a would-be voter's identity by using the driver's license number or last four digits of a Social Security number, one of which must be included on a voter registration form.

If state databases don't match the person with the number, the groups say, people may unwittingly show up at the polls, unaware that they can't vote. "Tens of thousands" of potential voters would be affected, according to the suit.

The suit also claims that people could be blocked from voting because of simple mistakes such as transposing two numbers on a 13-digit driver's license number, or if a woman's driver's license or Social Security number was in her maiden name.

The system unfairly targets Hispanics and Haitians, the lawsuit charges, because they often use two surnames, which can cause confusion and a mismatch in the state's voter database.

The lawsuit was filed in U.S. District Court in Tallahassee on behalf of the Florida State Conference of the NAACP and the Haitian-American Grassroots Coalition.

They are represented by the Brennan Center for Justice at the New York University Law School and the Advancement Project, a Washington voting rights organization.

"Florida's 'no match, no vote' law is a bureaucratic nightmare that will unlawfully deny thousands of Floridians the right to vote in the next presidential election," said Justin Levitt, counsel at the Brennan Center.

The 2000 election crisis in Florida prompted Congress to pass a federal law known as the Help America Vote Act, or HAVA. The law requires states to issue a unique identifying number to every voter, based on driver's license numbers or Social Security numbers.

Secretary of State Kurt Browning, a former Pasco County supervisor of elections, released a statement saying he has "every confidence that Florida is complying with all state and federal laws."

"Florida law is based on the Help America Vote Act, which requires verification of voter registration information," he said. "If a discrepancy arises, every Florida voter has the opportunity to provide verification of eligibility."

Levitt said the did not think Browning would intentionally try to stop people from voting. But he said the state was misinterpreting HAVA by requiring a new eligibility requirement for voting.

"It's an opportunity to get over a burden that shouldn't be there in the first place," Levitt said.

The "match" provision is contained in a 90-page election bill signed into law by then-Gov. Jeb Bush.

Steve Bousquet can be reached at bousquet@sptimes.com or 850 224-7263.

[Last modified September 17, 2007, 22:20:04]