By Michael Moline
The book “Laboratories of Democracy” appeared in 1988, positing that individual states were poised to experiment with progressive policies that could transform the political landscape if adopted in other states or the national level.
A new edition might be called “Laboratories of Autocracy,” since Republican-run states these days are experimenting with ways to disenfranchise Democratic constituencies, stack the courts against progressive initiatives, and cement their control over this country one state at a time.
The dust cover could feature the smiling mug of Florida’s governor, Ron DeSantis, the Republican presidential candidate who since the Black Lives Matter summer three years ago has pushed an ever-more-reactionary campaign against marginalized communities, not least at the voting booth.
“We trust Floridians to make the best decisions for themselves and that that should not be solely placed in the hands of the government — and that is what is happening under this particular administration,” says Jasmine Burney-Clark, founder of Equal Ground, a community organizing group.
“We also believe that this particular administration is obviously being run under authoritarian rules. It is the entry point for legislation that is seeping into state legislatures across the nation. It is the breeding ground for what could be possible when it comes to restrictions, not just in Florida but everywhere else,” she continued during a telephone interview.
“We’re trying to do our best to warn folks about what that possibility looks like under a DeSantis presidency.”
DeSantis and the malleable Florida Legislature have cracked down on political protest, asylum seekers, the LGBTQ community, and women and trans men who might need abortions, among others.
He’s lashed out at progressive allies as well, including two elected state prosecutors he suspended from office over political differences involving abortion and trans rights. He even targeted The Walt Disney Co. over its mildest of rebukes over his “Don’t Say Gay” law, restricting even the mention of LGBTQ people in public schools.
“I would probably describe it as one of the most volatile states, given that every single civil rights issue is up for grabs in our Legislature,” Burney-Clark said. “We are actively working to hold onto democracy as our state is working actively to weaken the rights we have as Floridians.”
As might be expected, Floridians aren’t taking this lying down, which means litigation, which forced the Legislature this year to appropriate more than $16 million to cover the governor’s legal bills.
In elections litigation alone, the Florida Rights Restoration Coalition sued the state in federal court in Miami alleging the state has erected barriers to felons hoping to regain their voting rights under 2018’s Amendment 4, which the organization sponsored.
The Legislature and the courts have interpreted that measure to require payment of any legal financial obligations, meaning fines, fees, and restitution, before felons can lawfully register, but the state still has no central database to let former offenders learn their status.
Separate litigation alleges the state’s voter registration form lacks eligibility requirements for those with criminal convictions and “creates confusion, impedes the organizations’ voter registration activities and puts people in danger of criminal penalties.”
Additional legislation over the past three years provides criminal penalties for people who submit absentee ballots on behalf of nonfamily members or provide food or water for people waiting in line to vote, although some of its worst aspects have been enjoined.
“I would assume that one of the goals of a government is to encourage citizens to participate in democracy, and we have to come up with ways to encourage our people to participate in democracy and not discourage our people from doing that,” Desmond Meade, founder of the coalition, told the Phoenix in a phone interview.
“Democracy starts and ends with ‘We the People.’ And the less people you have participating in democracy, the less it can be vibrant,” he said.
‘Wet’ signatures
We’re still awaiting a court date on a lawsuit challenging the state’s requirements that a “wet signature” — one signed in ink — accompany any voter registration form. That would require people to register in person or by snail mail and not electronically or by fax. Voting rights groups argue that violates the 1965 Voting Rights Act.
Another lawsuit targets barriers against groups staging voter registration drives. Former felons and non-U.S. citizens are barred from registering voters, subject to $50,000 fines. Voter-registration groups must collect information including drivers’ licenses, Social Security numbers, or signatures can’t retain that information to defend themselves against any subsequent complaints, in the face of civil and criminal penalties. There are additional fines for filing forms late with the state or county, to a maximum of $250,000.
A federal judge has enjoined enforcement of portions of the law.
Oh, and state law requires groups to give registrants a state-provided receipt containing the name of the applicant, the date the application was received, the name of the third-party voting registration group, the name of the person who accepts the registration form, the applicant’s political party, and the county where the applicant lives.
Problem: The state doesn’t have to provide these forms before Oct. 1. That’s put a definite crimp in voter-registration efforts ahead of an epochal presidential election next year.
“It slows the process and I think that was the intent of what they wanted to be done,” LaVon Bracy, director of democracy for Faith in Florida, told the Phoenix in July.
Vote by mail purge
The same law required people to register to vote by mail for every two-year election cycle, rather than every four years under the old law. According to Burney-Clark, that’s resulted in the purge of 4 million standing mail requests, including for 450,000 Blacks and 600,000 Hispanics.
Since the purge in Leon County in January, Supervisor of Elections Mark Earley’s office has collected 30,000 fresh requests. Alex Mosca, spokesman for Earley, estimated in a phone interview that as many as 60,000 were in place previously, including requests lodged during the height of COVID. Leon is home to Florida’s capital.
Local elections officials are doing what they can. Leon County will participate in National Voter Registration Day, setting up registration centers next Tuesday at county libraries and the three college campuses in Tallahassee — Florida State University, Florida A&M University, and Tallahassee Community College.
DeSantis frequently loses at trial but knows that higher-court judges — he’s appointed five of the seven sitting Florida Supreme Court justices and Trump appointees heavily weight the U.S Court of Appeals for the Eleventh Circuit — are more likely to see things his way.
“We will win out on appeal, I guarantee you we will win that on appeal … just like we won almost anything out of Tallahassee on appeal; that’s just kind of the way the cookie crumbles,” DeSantis said after one court loss in 2021.
Barbara DeVane, a veteran progressive activist in Tallahassee, pointed to the imminent possibility that DeSantis’ Florida Supreme Court will overturn the state Constitution’s Privacy Clause’s protection for abortion access, even though an earlier court — in 1989, not long after the voters approved the clause in 1980 — unanimously upheld that access.
“I’m pretty sure we don’t have that protection of the courts being fair and following the law,” DeVane said. “Whenever the will of the people at the ballot box is suppressed, is restricted, you’re going very quickly down the road to a dictatorship.”
A pattern
It’s misguided to see the voting restrictions separately from other attacks on marginalized people, including immigrants, LGBTQ people, not to mention public-school book bans, Burney-Clark argues. State law also imposes a whitewashed version of American history that doesn’t include systemic racism.
As if it were possible to teach history without the Dred Scott ruling, exclusion of domestic workers under New Deal social legislation, or residential redlining.
“Anyone with a beating heart that has a different ideology from that of the governor or who is out of alignment with what his beliefs are, you are a target in his quest for gaining more political power,” she said.
Equal Ground is among the litigants against the state’s latest congressional reapportionment map, which centers on a former Black-opportunity district in North Florida, one of four Black or Hispanic districts the Legislature did away with at DeSantis’ insistence. A state judge has ruled that the outcome violated the Voting Rights Act plus anti-gerrymandering language in the Florida Constitution; that decision is up on appeal.
The group also is organizing Black voters to personally get in the face of state agencies and lawmakers, having brought 200 people to the Capitol during this year’s legislative session and planning to double that in the regular session that opens in January.
Other organizing includes drafting form letters for individuals and organizations to petition state agency on policy.
“An empowered community is one that is engaged,” Burney-Clark said.
“People will try everything they can to express themselves in a peaceful, nonviolent manner. Because normally that works,” DeVane said.
“But we are not in a normal situation in this country and especially in Florida. The pressure builds up and finally people will get frustrated enough to go into the streets.”
Michael Moline has covered politics and the legal system for more than 30 years. He is a former managing editor of the San Francisco Daily Journal and former assistant managing editor of The National Law Journal.
Gary says
Good that is what’s needed. This BS is out of hand. Political correction is out of hand. We not going to be controlled by a 1 % population of it.
Deborah Coffey says
WHAT are you talking about?
P. Patterson says
I agree. This is not a politicians paradise. This is our homestead to all Floridians, our lives. This BS is unacceptable. I suggest as individuals submitting our personal affidavits, notorized,
the overwhelming rejection of this governor unilateral decisions that are not in step democracy or discrimination laws. We are not subjects to be toyed with from one individual in any branch of government. He is on his way out. Affidavit him to the exit.
Gi back north says
There has been no crackdown on political protest, the crackdown was on rioting. Do you know the difference? The only limits on the alphabet soup of alternative lifestyles is to not indoctrinate children. The Trans crap is a joke you’re either a make or female so quit drinking the kool-aid.
Nancy N. says
The new restrictions go far beyond “rioting”. If you think they don’t, you need to stop drinking the red kool-aid. The DeSantis administration has banned ALL demonstrations – even peaceful ones like vigils or displaying signs – inside the state capitol building, even though specific areas of the building have traditionally been used for these purposes for literally decades. They’ve also imposed significant and vague restrictions on demonstrations OUTSIDE the building that put even peaceful demonstrators at risk of arrest at the whim and discretion of law enforcement. And those are just the restrictions that apply to the capitol and its grounds. DeSantis also signed into law new restrictions on protests statewide – requiring those arrested during even peaceful protests to be held until their first appearance instead of bailed and released, making common peaceful tactics like temporarily blocking traffic while marching a crime, and giving local officials incentive to be harsh on protesters by making the officials personally financially liable for any injuries that occur. As for the limits on LGBTQ issues, it doesn’t affect just children. DeSantis has imposed severe restrictions on even adults getting hormone therapy for gender transition, allows LGBTQ people to be discriminated against in receiving healthcare, and basically disallows state universities from acknowledging the existence of LGBTQ people in curriculum or extra-curricular activities.
Laurel says
GI back north: Please explain to me why men have nipples. Don’t spill your kool-aid now.
Dan says
Only if you are a democrat.
Atwp says
Continue to vote for Republicans, people of color will not have a right to vote soon. We will not have a right to anything. Nothing!
TR says
Oh give me a break, You and everyone else in this country has the right to vote under the constitution as long as you’re over 18 years of age an an American citizen. NO ONE is going to change the Constitution on that any time soon regardless of color or party affiliation. But I didn’t expect anything else from your racist comments and you always want to blame the Republicans and everyone else for your short comings.
Based on your comment, I’m going to assume you are a person of color. Well guess what, you have the same exact rights and opportunity as everyone else in this country under the Constitution. But if you don’t do the work to get a higher standard of life, then that is on you and only you because what you wanted everything handed to you? I don’t think so.
Laurel says
TR: If Trumpy Republicans thought they had such a wonderful chance at elections, they would not do what they are doing to restrict the vote, and they would not stuff the courts with their judges who think only one way, not looking for true balance of justice.
TR says
…and you think Democrats wouldn’t do anything different by not putting in Democrat judges? Each administration that is in control does the same thing.
Sherry says
@tr. . . please get educated on the highly gerrymandered electoral college process. . . which is one where although you may figure out a way to actually vote, your vote (if you are a person of color) may not be as powerful as others when it comes to the election itself.
Equality in elections will not be possible until the “electoral college” process is eliminated and we each get a “direct vote” for our person of choice.
P. Patterson says
The right to vote under the constitution hasn’t been changed per say, it has been ignored by distinctively, states under Republican leadership. Case in point, the census data identifies each communities selection of political representation in Congress. That data is what determines the redistricting of the political map in each state. The constitution mandates the Legislative branch that duty to take census data and draw the map, yet DeSantis took out his Sharpe and eliminated two districts of color and eliminated their constitutional right as well as silenced their vote. This is voter suppression communities of color shouldn’t have to fight for, constitutionally. Regardless of their standard of living or demographic color, this is illegal and seemingly common practice of Republican state leadership currently. Nothing is handed to anyone, on the contrary, it is literally taken out of hand. Now what do you think about that? Give me a break.
JC says
Oh please, it’s much more easier to vote in FL than in NY. You can’t event vote no excuse mail ballots up in NY.
joe says
Oh, and state law requires groups to give registrants a state-provided receipt containing the name of the applicant, the date the application was received, the name of the third-party voting registration group, the name of the person who accepts the registration form, the applicant’s political party, and the county where the applicant lives.”
This is clearly designed to complicate and gum up the registration efforts of groups whose interest is in making it easier for people to register. Just another phony Republican “voter fraud” measure that has nothing to do with actual fraud….of which there is no actual evidence of ANY systemic fraud in the system. Isolated irregularities have always occurred, but NO credible evidence has ever been shown that the supposed “fraud” that Trump and his sycophants have been peddling exists.
Pogo says
@FWIW
Not a cure, but a life-saving remission of the disease that afflicts Floriduh, begins with the election of a governor and attorney general who support and uphold democracy — absent now, in Floriduh, for more than 25 years.
Pogo says
@FWIW — a comment, not a reply
” joe says
September 17, 2023 at 6:36 am
Oh, and state law requires groups to give registrants a state-provided receipt containing the name of the applicant, the date the application was received, the name of the third-party voting registration group, the name of the person who accepts the registration form, the applicant’s political party, and the county where the applicant lives.”
This is clearly designed to complicate and gum up the registration efforts of groups whose interest is in making it easier for people to register. Just another phony Republican “voter fraud” measure that has nothing to do with actual fraud….of which there is no actual evidence of ANY systemic fraud in the system. Isolated irregularities have always occurred, but NO credible evidence has ever been shown that the supposed “fraud” that Trump and his sycophants have been peddling exists.”
joe is 100% correct.
And I would remind us of who it is that continuously complains about “burdensome regulation” and red tape. These same people are of the ilk that never tire of the tales of “long waiting lines for everything from bread to shoes” in godless communist counties. Apparently, hours long crucibles in queues for voting registration, and voting, aren’t a problem at all — for the rest of us in the greatest country created by Jesus Christ.
Pogo says
@Oops
In godless communist countries, too.
Anthony says
DeSantis continues to show voters he is unqualified to hold any political office. He has brought his religious beliefs into his political position which proves he isn’t qualified.
The State House in Tallahassee is just as corrupt as DeSantis, all they do is yes him.
Laurel says
Anthony: True. Floridians are free as long as they are lock step with DeSantis. No minds needed.
Endless Dark money says
This is true for most gop lead states, they know they wont get more votes so they draw up other ways to win. No policies to help people except the ultra wealthy, so bring in racism and hate to get people riled up for their candidate. Protesting haha good luck they will take you to jail especially in florida its a for profit system. Im not sure its even possible to out the corruption that has taken a foothold in congress. It would start by limiting dark money but we know who shot that bill down….