A federal judge Wednesday issued a final decision blocking part of a 2023 Florida elections law that placed new restrictions on voter-registration groups, including preventing non-U.S. citizens from “collecting or handling” registration applications.
Chief U.S. District Judge Mark Walker issued a permanent injunction against the part of the law that targeted non-citizens, saying it violated the U.S. Constitution’s Equal Protection Clause.
The groups Hispanic Federation and Poder Latinx and individual plaintiffs filed the challenge in May 2023 after Gov. Ron DeSantis and the Republican–controlled Legislature approved the restrictions.
“Here plaintiffs have suffered — and continue to suffer — irreparable injuries,” Walker wrote in explaining the injunction. “Indeed, the individual members in this case have been unconstitutionally discriminated against based on their non-citizenship status. This discrimination has prevented plaintiffs from registering new voters — a lost opportunity that cannot be remedied with monetary damages.”
The 12-page decision followed earlier rulings by Walker against the law. In July 2023, he issued a preliminary injunction against the part of the law related to non-citizens and another part that would make it a felony for voter-registration group workers to keep personal information of voters. The state has challenged that ruling at the 11th U.S. Circuit Court of Appeals, which has not issued an opinion.
Walker on March 1 also granted partial summary judgment to the plaintiffs on the part of the law dealing with non-citizens, barring Florida Secretary of State Cord Byrd from enforcing that part of the law. But Walker left unresolved issues related to Attorney General Ashley Moody’s power to enforce the law.
Wednesday’s decision said the plaintiffs had legal standing to sue Moody and barred enforcement of the law. Walker wrote that an “injunction prohibiting the attorney general from exercising this enforcement authority would effectively redress plaintiffs’ injuries as it would remove the very real threat of a civil enforcement action.”
The plaintiffs are represented by attorneys from the American Civil Liberties Union, ACLU of Florida, LatinoJustice PRLDEF, Dēmos and the law firm Arnold & Porter. Officials issued a series of statements late Wednesday praising Walker’s decision.
“This law was an effort to restrict registration of eligible voters who live in immigrant communities, which would limit participation in elections by new Americans who have become eligible voters,” Daniel Tilley, legal director of the ACLU of Florida, said in one of the statements.
DeSantis and Republican lawmakers in recent years have made a series of controversial changes to elections laws. They have argued, in part, that the changes are needed to prevent voter fraud and ensure the integrity of elections.
But opponents have contended, for example, that what are known as “third-party voter registration organizations” play an important role in registering Black and Hispanic voters. They say placing restrictions on the groups could make it harder to register voters.
–Jim Saunders, News Service of Florida
Deborah Coffey says
This Fascist governor and his legislature have cost us how much in lawsuits involving unconstitutionality? I can’t wait until he’s gone and, I hope Floridians get rid of all the Republicans in Tallahassee. Floridians can’t blame Joe Biden for the cost of their house and car insurance. They can’t blame Joe Biden for their COPD; he’s doing his best to control climate change while DeSantis keeps taking him to court over it. They can’t blame Joe Biden when their spouses and daughters die in childbirth. Enough. The list is too long.
T says
That’s the gop way cheat they say they protect freedom doesn’t seem like it
Leila says
We used to have laws in this country. Now millions are crossing our borders and we are supposed to trust them with our elections?
On what planet are we living and what are the left in this country smoking? We are drowning in the corruption of this administration.
Endless Dark Money says
the only fraudsters are the republicons themselves. They will use anything they can to target minorities and make it more difficult for people to vote as their policies dont benefit the vast majority of people on the wealthy whites. More about hate than election sanctity.
Afol says
Whats next nudges will rule that not allowing non citizens s to become president if the usa? Our constitution , gives The usa citizens dights illegalls Xi not get that protection or privileges .
Laurel says
Okay, for me, this was a confusing article. When immigrants become citizens, and are eligible to vote, then they should come forward and get their voter’s card. I cannot figure out why non-citizens need to have the legal ability to collect, or distribute, petitions regarding voting.
Now if someone can answer that for me, without the voter fraud nonsense, I would appreciate that. Otherwise, don’t bother. More than 60 cases about alleged voter fraud was brought to court and dismissed, often by Republican appointed judges, so don’t go there. Be real for a change.
c says
Huh?
c says
@Laurel
The best I can figure is that – even though they may not yet be card-carrying citizens, that doesn’t mean they can’t participate in the voting process – garnering votes, etc. even if they cannot vote at the moment.
I got involved in local politics in Philadelphia when I was 15 years old – far from vote-capable.
I would applaud their actions garnering registrants and participating – so long as they themselves are legally in the country – whether they can vote or not is irrelevant.
Thomas Lynch says
I don’t understand why the people are saying that they are not being treated fairly by the constitution. If you are not a citizen then become one and THEN you are covered by the constitution
If you are not a citizen become one or stop complaining
It’s YOUR CHOICE.
God bless America
Nancy N. says
Canvassing to register voters is quite often a paid job (a low paid one), done by workers hired by voting rights groups or campaigns to canvas entire neighborhoods or to stand all day in a certain location with clipboards of forms to register voters. Limiting who can be hired for this job (and let’s face it, immigrants are more likely to work in low wage jobs in this country due to various barriers) is simply an attempt by the GOP to limit the ability of the Democrats to hire workers to register more voters. Because the demographic groups with the lowest registration rates tend to vote Democratic when they do vote.
Laurel says
C: I don’t disagree, but in this current climate, it’s just fodder for the far right. It may actually do more damage than help.
Laurel says
Nancy: That answers my question. Thanks.
Leila says
Get your eyes examined. This Gov didn’t cause this inflation, this mess of an economy and open borders.
You are always free to leave.
Ray W. says
I agree with Leila that Florida’s governor did not cause our national economy to endure an ongoing period of inflation.
President Trump caused much of the inflation when he signed two bills passed by a Republican Senate and a Democratic House totaling $2.9 trillion in unfunded stimulus money.
President Biden is equally responsible with President Trump because he signed another $3.0 trillion in unfunded stimulus money passed by a Democratic Senate and a Republican House.
Businesses that engaged in greedflation added their impact to inflation, as did drought.
When OPEC voted to cut production of crude oil and American shale energy CEOs decided to not increase production, the rising energy prices added to the inflationary mix.
When Russia invaded the Ukraine, thereby triggering sanctions, about 25% of the world’s wheat crop was affected, adding to the whorl of inflation.
Anyone who thinks otherwise needs to open their eyes.
As an aside, since we have been experiencing a long-term shortage of workers to fill the record number of open jobs postings, which puts upwards pressure on wages, adding to inflation, and since American mothers are not having enough babies to supply the current labor shortage, we need more immigrants to enter our country in order to meet current labor needs.
Anyone who thinks otherwise needs to open their eyes.
It has never been a credible argument to state that those who disagree with you should leave our country. You should open your eyes.
It is difficult, Leila, for you to win an argument when you start from a losing position. In your above-listed comment, you are 0-3. Imagine the possibilities if you were to open your eyes.
Please start your next comment about inflation and the economy with the following point: The pandemic caused worldwide economic disruption; it is the cause of the current state of the American economy, including today’s inflation rate. Then state: Leila admits that the first $2 trillion stimulus package was passed 96-0 in the Senate. The House then held a voice vote. Then President Trump signed it in March 2020, but Mr. Toad’s Wild Ride had already started.