Saying “this court cannot remedy what the state broke,” a federal judge on Friday reluctantly refused to give Floridians more time to register to vote after a state online system crashed in the hours before Monday’s deadline to sign up for the November presidential election.
Secretary of State Laurel Lee extended the deadline until 7 p.m. Tuesday, after tens of thousands of users were unable to submit voter-registration applications through her agency’s online system in the hours leading up to the 11:59 p.m. Monday deadline.
[When the books closed, Flagler County had a total of 92,477 registered voters: 40,184 Republicans (43.5 percent), 28,262 Democrats (30.6 percent), 22,784 independents (24.6 percent) and 1,247 members of smaller parties (1.3 percent).]
Several groups involved in voter-registration efforts quickly filed a legal challenge, alleging Lee failed to provide adequate notice of the hours-long extension and that it was inadequate. Plaintiffs, including Dream Defenders, New Florida Majority and the Florida Immigrant Coalition, asked Chief U.S. District Judge Mark Walker to extend the registration deadline for two days after he issued an order.
But in a sharply worded ruling early Friday morning, Walker said the potential mayhem another extension might inject into an already tumultuous election cycle outweighed the damage done to prospective voters.
“This is an incredibly close call, but Florida’s interest in preventing chaos in its already precarious — and perennially chaotic — election outweighs the substantial burden imposed on the right to vote,” the judge wrote.
Walker, an acerbic jurist who frequently presides over elections-related lawsuits and has often ruled against the state, launched the 29-page decision with a sarcastic swipe at Florida’s continual elections snafus.
“Notwithstanding the fact that cinemas across the country remain closed, somehow, I feel like I’ve seen this movie before. Just shy of a month from election day, with the earliest mail-in ballots beginning to be counted, Florida has done it again,” he chided.
Walker accused Lee of implementing “a half measure” to address this week’s problems with the state website, which is used to submit voter registration applications that are routed to county supervisors of elections.
He noted that “the website crash and next-day scramble to organize and effectively reach out to potential voters frustrated each organization’s mission to register voters.”
Lawyers for Lee and Gov. Ron DeSantis argued that U.S. Supreme Court rulings establishing what is known as the “Purcell” doctrine advise courts to let states manage their own elections, especially when elections are looming.
Walker acknowledged that the doctrine “requires this court to take into account critical considerations such as voter confusion that may result from a judicial order,” but he emphasized that Purcell “is not a magic wand” prohibiting judges from enjoining laws on the eve of an election.
Still, with the Nov. 3 election less than a month away, Walker wrote, “this court gives great weight to the concerns highlighted” in the Purcell doctrine.
“When an election law imposes only reasonable, nondiscriminatory restrictions upon the constitutional rights of voters, the state’s important regulatory interests are generally sufficient to justify the restrictions,” Walker wrote. “This is not a litmus test, rather the court must balance these factors and make hard judgments.”
The injury to potential voters was twofold, Walker wrote, because some people could not submit online voter registration applications prior to Monday’s deadline and because Lee did not notify the public about the extension until around noon on Tuesday, the same day as the new 7 p.m. deadline.
“Still, the burden here is not a total deprivation of the right to vote, but a limitation on the period in which potential voters can register. Indeed, during the time the website was down, Floridians could still register through other avenues — including in person and by mail,” Walker said.
The situation would be different if Lee had not issued the extension, the chief judge added, which “unquestionably mitigated” the burden on the right to vote.
During a hearing Thursday, Walker estimated that, even with Tuesday’s extension, more than 21,000 fewer Floridians applied to vote on the online system than should have, when compared to registrations in the run-up to the deadline in 2018. During Thursday’s extension, about 50,000 new voters submitted registrations, elections officials said in court documents.
“In sum, that potentially thousands of Floridians may not have been able to register because of the state’s voter registration website’s malfunction is certainly a substantial burden limiting the right to vote,” he found.
But the state’s interest in conducting an efficient and orderly election outweighs that burden, Walker concluded.
Elections officials testified that a surge of voter registrations after an extension of the deadline could result in voters showing up at voting precincts before their names appear on elections supervisors’ voting rolls. Those voters would have to cast provisional ballots, which could slow down the process for other voters. Provisional ballots also take longer to tabulate by elections supervisors, who are already overwhelmed by the COVID-19 pandemic, an influx of mail-in ballot requests and heightened mistrust of the outcome of the contest between President Donald Trump and Democratic presidential nominee Joe Biden.
“(T)he consequences of extending the deadline will reverberate across the entire elections process — forcing supervisors to divert resources to answering calls and processing new registrations — thereby hampering other important tasks, such as processing vote-by-mail requests and ballots, and administering early voting,” Walker found. “These are indeed weighty concerns.”
The chief judge pointed out there is already “great uncertainty around this election,” according to a declaration by Leon County Supervisor of Elections Mark Earley submitted by the state.
“This uncertainty is compounded by an unprecedented pandemic; one that has upended every aspect of American life. Thus, this court finds that defendant’s proffered justifications are entitled to great weight,” Walker wrote. “On the one hand, the burden to vote is great; on the other, Defendant Lee has identified weighty justifications for refusing to reopen the registration window.”
But Walker also criticized Lee for elections officials’ affidavits he said “paint a disturbing picture of overworked elections staff, incomplete voter rolls, and election-day mayhem.”
Walker said his ruling “in no way means to discount the grave burden the state has placed on aspiring voters.”
The chief judge wound up his ruling by taking Lee to task.
“This case is about how a state failed its citizens. In this case, potential voters attempted to perform their civic duty, to exercise their fundamental right, only to be thwarted, once again, by a state that seemingly is never prepared for an election,” Walker wrote. “This is a case about failure on the part of a civil servant, whose responsibility is to run an election system, that will cost thousands of potential voters their fundamental right to vote in the upcoming election.”
–Dara Kam, News Service of Florida
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DP says
Regardless how this went, it strictly falls on the citizens of Florida. To wait “assumption ” to the last minute to register is their fault. They way I look at it you have at least 365 days to register prior to the last day. It’s called laziness. Blames other’s for your mistakes. Any computer system or software is subjected to failure when its overwhelmed by users.
Duncan says
It would be defined as procrastination not laziness and this is not the 1980’s, when computer and software commonly failed. If you don’t have the inhouse computer talent to keep systems up, then use AWS or Azure cloud services where they have competent engineers behind the scenes. If it’s good enough for the DOD then I think it should be good enough for the state of Florida.
Faulting those that procrastinate rather than those that are incompetent seems short sited to me.
James M. Mejuto says
re: voter registration: BULLSHIT DP , you trumper! ! !
If computer problems beyond our control happens, then whose fault is it? So, you
Republicans want to penalize everyone who shows up to register but weren’t able.
This entire Florida legislature and courts are controlled by Republicans.
The more people who register, the more votes for the Democrats. That’s a fact and
that is what Humpty-Dumpty and Florida Republicans want to control.
Justin Case says
Why so hostile James? I’m NPA and agree, all legal aged potential voters have had lots of time to register. People chose to wait, and something went wrong. Plan for that, and register well before the deadline – problem solved. What makes you so sure that all these people want to vote democrat? Maybe some republicans “forgot” or “procrastinated” either way, the fault is their own. Poor planning on their part is not the President’s fault. You want tings fixed? Vote for term limits. 40 years in in the same seat is far to long.
Richard says
Ya Think just maybe those that waited to the last minute or second to register to vote should have given it some serious thought of doing it much earlier. Ya snooze ya lose!
As the article stated a judge and a court cannot fix what the state should have made sure that it would not crash in the first place.
A. J. says
If you can, please register early to vote. The Repubs will try to stop some voters from voting. Please register. It may be too late for this cycle but another opportunity is coming, do nit let the Repubs stop you from voting.
Wallingford says
DP’s use of the word “laziness” is sheer Dummheit. Seems that DP fails to recognize the existence of the Coronavirus Pandemic which has rendered the State of Florida a hotspot or does (s)he believe, like Gov. DeSantis or Pres. Trump, that it is just a hoax. Many people deferred registration because they realize, now more than ever, that this is the most important election perhaps in their lifetime and are no longer apathetic about participating in the process. For a Federal Judge to suppress voter registration because it is inconvenient to the State of Florida is un-American. Maybe the State of Florida should invest in technological infrastructures to bring it into the 21st Century or maybe it is just a protective measure to guarantee the republican reign continues unabated.
DP says
@ James M. Mejuto, first things first, you assume my party affiliation or who I support, then you go onto to claim that the republicans want to penalize everyone that wants to register, but can’t. And the kicker the more people who register the more votes for the democrats. And proceed to claim fact. Let me set you straight, 1st I’m a democrat, & “Yes” I support Trump. 2. Provide the information or documentation of the Republicans penalizing everyone. You can’t, just your opinion. (Your entailed to that) far fetched thou. 3. Computer problems yes, they can have issue’s when systems are old, or not maintained. (assumption on my part), but the point is if people want to vote they can, and should. There are other ways that people can register to vote, IE: Local Elections office’s, Online at the same Local Elections office, or in person at the local election’s office. To claim people are going to be denied, or controlled is way off base. (No proof). The only denial to vote falls squarely on the shoulders of the VOTER!!!
@ Wallingford, Dummheit = “stupidity”, nice big words used. I recognize the existence of the Coronavirus Pandemic; I don’t believe like the Governor or the POTUS that it’s a hoax (an assumption on your part). But I do have my theories, or opinion’s. To address your comment of deferral to register to vote “Many people deferred registration because they realize, now more than ever, that this is the most important election perhaps in their lifetime and are no longer apathetic about participating in the process”. My answer to that is “Dummheit”/ Pure stupidity on their part. To use the pandemic as an excuse for anything is poor, there are many ways to register to vote that don’t need to be in person. The pandemic didn’t stop people from standing line at home improvement store’s, grocery stores, or gas stations, or in general being in public. If people are going to use the internet or computer’s, then why not just apply at their local government’s elections website. I would think the 67 counties in Florida each have their own supervisor of elections web-sites. This is the common denominator for a party afraid of losing another election, excuse after excuse, blame other’s for there misguidance, or short comings, deflect, deflect, deflect. When are people going to step-up and own up to their own issues and problems? Instead to continue to blame other’s? I agree that Florida should invest in technological infrastructures to bring it into the 21st Century. But disagree that it is just a protective measure to guarantee the republican reign continues unabated. Just a thought thou, the space shuttle was flown on 20 yr. old software, and I would bet that some of the software on todays spacecraft is close to being twenty years old too. Any software system, server, or such is subjected to fail when completely overwhelmed, why? Its manmade. The point I’m saying weather you agree or not, is people have become complicate, and will blame others for their own fault’s. Growing up I was held accountable for my actions, if I screwed up I payed the price, I didn’t fault anyone. Todays society needs to be raised like the seventy’s and eighties, but that’s another whole thread to discuss.
palmcoaster says
Trumpers like the few here equal bullies. God forbid this would have happen under Obama they will be allover the courts to allow extension for voter registration due to unavailability of functioning equipment that was down!
If you snooze you loose says
People have had plenty of time to register. If they wait until the last minute and there is a system failure, then oh well. The law dictates when the books close and that is it. Rules and laws need not be bent for those who apparently don’t take their right seriously. Maybe a lesson or two not giving second chances will teach those who wait to the last minute a lesson. The Governor defied the law and extended registration against what the law states….shame on you Governor DeSantis. You should uphold the law and if the truth be known, this is why the Courts didn’t extend it further.