Two elements of a Florida statute that prohibits foreign nationals from registering voters as well as rendering it a third-degree felony for individuals to gather voter data and then keep a voter’s information for reasons not related to voter registration have been overturned by a federal judge.
As the lawsuit moves through the federal courts, Florida officials are prohibited from enforcing the legislation thanks to a preliminary injunction that Judge Mark E. Walker ordered this week.
In his ruling, Walker referred to the citizenship requirements and the limit on keeping information as “an attack on the right to vote,” outlining the statute as follows:
“Starting on July 1, 2023, section 97.0575(1)(f) mandates that 3PVROs give an affirmation to the Dept. of State’s Division of Elections confirming that each individual processing voter registration requests on behalf of the organization is an actual citizen of the United States. Before beginning any voter registration activity, they must submit this assurance in the necessary manner.”
“Each noncitizen that gathers or manages voter registration forms for the benefit of a third-party voter registration group shall be subject to a $50,000 fine.”
“To duplicate a voter’s application or deliberately keep ‘a voter’s private information’ to serve any reason apart from the need to submit such application or data to the 3PVRO to comply with the section is a third-degree felony under this provision,” according to the law.
The case was brought by the American Civil Liberties Union (ACLU) and the Florida NAACP in an effort to halt the enforcement of both provisions by state officials.
Walker concurred that the First, as well as the Fourteenth amendments of the United States Constitution, are violated by the provisions of the statute, writing:
“Floridians will celebrate the birth of our nation tomorrow around the state. They will put up with the sweltering Florida summer heat in order to enjoy picnics and barbecues on July 4th with loved ones. In public parks, they will congregate with their neighbors to enjoy music and fireworks. At block gatherings and parades, they will applaud while perspiring. And in the midst of these patriotic celebrations, some people could be inspired to embrace their serious civic duty for the first time by registering to vote.”
