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Florida voter law garners praise

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By CATHERINE DOLINSKI

cdolinski@tampatrib.com

Published: June 27, 2009

TALLAHASSEE - It's not every day that civil rights watchdogs hold up Florida as a shining model of best election practices.

But this month, the Brennan Center for Justice is urging other states to follow Florida's lead by allowing voters to update their addresses at the polls on Election Day.

Ironically, it is a law that state lawmakers tried to weaken in the spring.

The list of election-related lawsuits filed over the years in Florida, alleging everything from botched elections to voter suppression, is as long as your arm.

The Brennan Center, based at the New York University School of Law, has been involved in at least five of those challenges. But in a report released this month, the combination legal firm and advocacy group praised Florida for leading the nation with its law allowing voters to update their address on Election Day.

Barbs preceded Kudos

The law permits registered Florida voters who have moved within the state to update their address at the polls and cast regular ballots. The person must show up at the correct polling place and sign an affidavit, and election officials must verify the registration, after which the voter can cast a normal ballot.

"Unfortunately, in the past we've often had occasion to take issue with different election administration policies in Florida," said Adam Skaggs, a Brennan Center lawyer who co-authored the report.

"This is one that we think should be universally praised," Skaggs said. "It ensures that voters don't get disenfranchised."

It's a state practice dating to 1977, when Florida started letting voters update their addresses at the polls if they had relocated within the same county. Lawmakers extended the option in 2005 to voters moving between counties.

Pam Haengel of the Florida Voters Coalition called the law "essential" now more than ever.

"We know people are changing jobs quite a bit. With all of the job losses right now, people are moving."

Florida remains one of only a handful of states with such a policy, despite the statewide voter registration systems that nearly all states have implemented.

"Every state has the capacity to do what Florida is doing," Skaggs said. "Unfortunately, not every state has been as proactive."

Not everyone is so ecstatic about Florida's policy.

Legislators targeted provision

During the spring legislative session, leading House and Senate Republicans advanced sweeping election bills that, among other things, would have directed registered voters making Election Day address changes to use provisional ballots.

The wording was strongest in the Senate version, which outright required it; the House bill declared such voters to be "entitled" to use a provisional ballot.

Provisional ballots are a backup plan for voters whose registration is in question or who lack proper identification on Election Day.

County canvassing boards review all provisional ballots to determine whether they are valid; such ballots are less likely than regular ballots to be counted.

Facing a possible veto from Gov. Charlie Crist, the House watered down its election bill and removed the address-change section in the process.

The Senate version retained that provision. Neither made it to a floor vote.

No sponsors of the controversial bill, or majority leaders in either chamber, returned phone calls seeking comment for this story.

Jennifer Davis, spokeswoman for Secretary of State Kurt Browning, said the department had not requested a change in the address-update law.

"This is something that has been working well for years," Davis said.

"We wouldn't want to move backward instead of moving forward."

Reporter Catherine Dolinski can be reached at (850) 222-8382.

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