News : POLITICO Florida Playbook: Opening day in trial over Florida's voting law

Monday, January 31, 2022

POLITICO Florida Playbook: Opening day in trial over Florida's voting law

Jan 31, 2022

Presented by Floridians for Affordable Rx

Good Monday morning.

It starts — A highly-anticipated federal trial over Florida's 2021 voting law kicks off today (remotely) as a long line of civil rights and voting rights groups try to convince a federal judge that the new measure discriminates against minorities, people with disabilities, and older voters.

How we got here — Gov. Ron DeSantis urged the Republican-led Legislature to push the law through even though he'd boasted about how well the 2020 election had gone. The new law put in new restrictions for mail-in ballots and the use of drop boxes as well as new requirements for third-party groups that register voters.

All in — The trial — which could last two weeks — is a de facto proxy fight over voting rights that comes right after Democrats failed to push through legislation in Congress despite the urging of President Joe Biden. Florida's effort to defend the law is being supported by national Republican organizations, while Democratic attorneys general and the Biden administration have weighed in as well.

The argument — Republicans in the spring of 2021 contended that they were enacting the law to head off potential problems in the future. And GOP lawyers ahead of the trial have used recent examples of alleged voter fraud — including incidents that aren't even covered by the new law, such as double voting — to defend the measure.

Yet — But a raft of internal emails and text messages obtained by POLITICO showed GOP lawmakers drafted the legislation with the help of the Republican Party of Florida's top lawyer, and that a crackdown on mail-in ballot requests was seen as a way for the GOP to erase an edge Democrats had in the 2020 election.

Convincing the judge — Still, it will be up to those challenging the state to prove that the law has a discriminatory effect. And they plan to bring on a long line of experts — who will be challenged by the state — to try to sway Chief District Judge Mark Walker. Walker, an appointee of former President Barack Obama, is no stranger to Florida and has ruled against the state in the past. But Walker has already thrown out one part of the lawsuit, which challenged a new two-ballot limit on how many mail-in ballots someone could gather and turn in.

— WHERE'S RON? — Nothing official announced for Gov. DeSantis.

Have a tip, story, suggestion, birthday, anniversary, new job, or any other nugget for Playbook? Get in touch: gfineout@politico.com

A message from Floridians for Affordable Rx:

This legislative session, let's take politics out of prescriptions in Florida. Floridians for Affordable Rx is committed to educating policymakers and the public on proven ways to lower prescription drug costs. We are standing up to special interests, like Big Pharma and the independent pharmacy lobby, that are pushing government mandates that will increase costs to grow their profits while making Florida patients and employers pay more. Learn more.

CAMPAIGN MODE

'A PARADIGM SHIFT' — " How 2 Black women conquered Senate primary politics," by POLITICO's Maya King: Rep. Val Demings, who is running against GOP Sen. Marco Rubio, and Cheri Beasley, who is seeking the seat held by retiring GOP Sen. Richard Burr, still face nominal competition for the Democratic Senate nomination in their home states. But thanks to their political muscle-flexing, they are largely free to focus the bulk of their attention and resources on winning the general election in November.

By the numbers — With national stature stemming from her role as an impeachment manager and her appearance on President Joe Biden's shortlist for vice president, Demings has set a blazing fundraising pace, raising more than $25 million since launching her campaign in mid-2021 — far outpacing the closest other Democrat in the race, Ken Russell, who's raised just over $1 million. The Collective PAC threw its support behind Demings nearly a month before she formally announced her bid.

The path ahead — Still, even as likely nominees, both Beasley and Demings face considerable headwinds in the fall. Midterm political conditions are not looking favorable for Democratic candidates. Each is running in a state that former President Donald Trump won twice. Demings, who has never run statewide before, faces an entrenched and well-funded Republican opponent in Rubio.

DEMINGS HAS ANOTHER BIG QUARTER — The Senate campaign of Val Demings said Sunday that the central Florida representative had raised more than $7.1 million in the final quarter of 2021. The former police chief and Democrat started the year with more than $8 million cash-on-hand. The campaign said Demings, who is challenging incumbent Sen. Marco Rubio, had more than 300,000 donors to date.

Sen. Annette Taddeo kicks off a planned 67-county campaign tour in front of the governor's mansion in Tallahassee

Sen. Annette Taddeo - Democratic candidate for governor - kicked off a 67-county campaign tour in front of the Governor's Mansion. | Gary Fineout/POLITICO

CLOCK STRIKES ZERO — "Push to legalize sports betting in Florida falls short," by POLITICO's Matt Dixon: A nearly $40 million push to put legalized sports betting on Florida's 2022 midterm ballot, an effort boosted by the "King of Florida," will fall short. The attempt, financed almost exclusively by sports gaming giants FanDuel and DraftKings, was aimed at legalizing sports betting throughout the state, not just through the Seminole Tribe, which mounted its own multimillion dollar effort to keep the sports betting measure and a separate gaming proposal off the ballot.

What's next? — The effort was branded as a way to boost education funding in the state because, under the proposal, if betting revenues were taxed that additional revenue would go to the state's Education Enhancement Trust Fund. "We will be considering all options in the months ahead to ensure that Floridians have the opportunity to bring safe and legal sports betting to the state, along with hundreds of millions of dollars annually to support public education," Johnson said.

AN OPEN PRIMARY? — Miami Beach Mayor Dan Gelber last week wrote a letter to Florida Democratic Party chair Manny Diaz calling on the party to open up its primaries to no-party affiliate voters (NPAs) as part of an effort to address the "division and hyper-partisanship" that he says is threatening the country. "Broadening our reach will incent our candidates to listen and interact with a more diverse group of voters, and craft messages and policies that have broader appeal bringing into civil discourse citizens that often only participate for the few weeks after the primaries are settled," Gelber wrote to Diaz.

Flying solo?— Gelber, who is an attorney, maintains that Democrats have the legal authority to open up their primaries by changing party rules and do not need the blessing of the Florida Legislature to do this. Gelber's suggestion comes at a time when Democrats — for the first time ever — trail Republicans in the number of active voters overall. So far there's been no response from Diaz. The party did not respond to a request for comment.

— " Florida cracking down on anonymous political text messages," by Fresh Take Florida's Carolina Ilvento

— " Former lawmaker's bank, phone records to be released in 'ghost' candidate case," by Orlando Sentinel's Annie Martin

— " She believes: Annette Taddeo launches 67-county campaign for Florida governor with RV tour," by USA Today Network-Florida's James Call

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... DATELINE TALLAHASSEE ...

CLEARED — POLITICO's Matt Dixon writes in: A meeting of the Florida Commission on Ethics earlier this month cleared Chief Financial Officer Jimmy Patronis of all ethics-related violations he was facing related to allegations he was part of pay-to-play scheme that included a lobbyist adviser, and top donor using their sway to install Ron Rubin as the Commissioner of the Office of Financial Regulation. The group, according to lawsuits and ethics complaints, got Rubin the gig in hopes of getting campaign contributions from his wealthy father. That fell apart, as the story goes, when Rubin would not hire Kim Grippa, the group's hand-picked candidate to serve as Rubin's general counsel.

Quick work — In about 10 minutes during a Jan. 21 meeting, the ethics commission signed off on staff recommendations that it find "no probable" cause for the handful of alleged ethics violations Patronis was facing. Prior to the meeting's start, more than half the commission had to publicly acknowledge friendships with Patronis, or previous relationships that could be construed as conflicts. Only Commissioner Glenton Gilzean, who said he supported Patronis' campaign, recused himself from the vote. While the decision wipes out ethics complaints, a long-running public corruption lawsuit is still in play. The most recent filing in the case was Patronis asking the judge to not allow Rubin's attorneys to depose him.

HMM — " DeSantis aims to block state cash from companies flying immigrant children. None receive any, records show," by POLITICO's Matt Dixon: Gov. Ron DeSantis wants to block state contracts from going to companies that transport unaccompanied migrant minors from the southern border. The problem? No business that the governor's office has identified so far has state contracts or gets money from the state, records show. It's among the potential problems with the governor's loosely outlined policy push, which is a central part of contentious immigration legislation DeSantis is championing ahead of the 2022 midterms.

TURNABOUT — " DeSantis secretary of state reverses course, clearing path for new Democratic lawmaker Daryl Campbell's swearing in," by Sun Sentinel's Anthony Man: "Florida Secretary of State Laurel Lee's office officially told the Florida House of Representatives on Friday that Daryl Campbell has been certified as the duly elected newest state lawmaker. With the letter from Lee's office, Campbell will be sworn in next week, allowing him to participate in the bulk of the annual legislative session. The move is a reversal of what Lee's office said Thursday — that no certification letter would be issued until at least March 8, three days before the scheduled end of the legislative session."

SPEAKING OUT — " Florida Democrat delivers an emotional critique of 'anti-woke' bills: 'My opinion matters just as much as your opinion,'" by Washington Post's Tim Craig: "This week, as a GOP-sponsored bill banning critical race theory in Florida schools and workplaces worked its way through the Florida House, [Rep. Ramon] Alexander spoke out, delivering an emotional speech about the toll of debating this legislation as a Black American. 'I don't want to do this, but I don't think you can handle the truth,' Alexander said, while asking whether the legislation would curtail how Florida students are taught about slavery.'"

— " It could take 9 years for Florida to cut ties with OSHA and set up own agency," by News Service of Florida's Jim Saunders

— " Florida joins Republican-led states in lawsuit over child immigrant resettlement program," by Florida Politics' Renzo Downey

A message from Floridians for Affordable Rx:

DATELINE D.C.

LEADING CANDIDATE — " For Ketanji Brown Jackson, view of criminal justice was shaped by family," by The New York Times' Patricia Mazzei and Charlie Savage: "Ketanji Brown Jackson does not much talk about it, but when she was a college freshman, an uncle was sentenced to life in prison — a Black man, like so many others, handed a severe punishment during the war-on-drugs era. The story of Thomas Brown's cocaine conviction in the rough-and-tumble Miami of the 1980s formed only part of her early understanding of the criminal justice system's complexities. Another uncle was Miami's police chief. A third, a sex crimes detective. Her younger brother worked for the Baltimore police in undercover drug stings."

RECOGNIZING PIONEERS — Rep. Charlie Crist is calling on President Joe Biden to bestow the Presidential Medal of Freedom on Harry T. and Harriette Moore , two Civil Rights activists who were killed in 1951 after a bomb exploded underneath their home in Mims, Florida. The Moores organized the first Brevard County chapter of the NAACP. Harry T. Moore would later organize chapter statewide and he also formed a group that registered Black voters. While investigations later implicated four suspects linked to the KKK, no one was ever arrested.

Crist's request— Crist, who launched an investigation into the case back when he was Florida's attorney general, sent a letter last week to Biden about the Moores. "Their murders were the first assassination of any NAACP official to occur during the Civil Rights Movement and the only time that a husband and wife were murdered during the history of the movement," wrote Crist. "The Moores were not only leaders of their time, but they were also heroes – united by their unwavering commitment to fight against discrimination, injustice, and hatred in communities across Florida and for that matter, across our nation."

TRANSITIONS — Franco Ripple, who has been strategic initiatives director and communications director for Agriculture Commissioner Nikki Fried, is joining Direct Impact. Ripple will be vice president for the Washington public affairs firm within BCW Global. He will help lead grassroots, corporate, and issue advocacy communications campaigns. Ripple will continue to be based in Tallahassee.

... Michael Greenwald is joining Amazon Web Services in a senior executive role. He most recently was director of digital assets at Tiedemann Advisors and is a Treasury alum, where he worked in Qatar and Kuwait as a senior U.S. diplomat and worked for TFI.

— " The Biden $1 billion Everglades plan: What will it pay for?" by Sun Sentinel's David Fleshler

STEP INSIDE THE WEST WING: What's really happening in West Wing offices? Find out who's up, who's down, and who really has the president's ear in our West Wing Playbook newsletter, the insider's guide to the Biden White House and Cabinet. For buzzy nuggets and details that you won't find anywhere else, subscribe today.

TRUMPLANDIA AND THE SWAMP

BUMPY — " Trump facing legal, political headwinds as he eyes comeback," by The Associated Press' Jill Colvin: "As he prepared to tee off at one of his Florida golf courses, a fellow player introduced Donald Trump as the '45th president of the United States.' '45th and 47th,' Trump responded matter-of-factly, before hitting his drive. The quip — a moment of levity on the links captured on shaky cellphone video — was a reminder that the former president often has another presidential run on his mind. But the declaration belied the growing challenges he's confronting as a series of complex legal investigations ensnare Trump, his family and many associates."

— " Trump suggests he might pardon some Jan. 6 defendants," by POLITICO's Kyle Cheney and Maeve Sheehey

CORONAVIRUS UPDATES

The daily rundown — The Centers for Disease Control and Prevention said there were 22,705 Covid-19 infections reported on Friday. The U.S. Department of Health and Human Services reported that 9,440 hospital beds were being used in the state for Covid-19 patients. The Florida Department of Health reported on Friday that 64,955 residents have died from Covid-19 since the start of the pandemic.

PENINSULA AND BEYOND

NIKKI FRIED CALL YOUR OFFICE— " The next big squeeze: Florida orange juice could skyrocket in price, " by Washington Post's Laura Reiley: "Demand during the pandemic has shot sales to levels not seen since 2016, said Mike Sparks, executive director of Florida Citrus Mutual, a trade group representing thousands of growers. And prices have risen throughout the pandemic as each successive wave of the virus has increased consumers' demand for products high in vitamin C, believed to be beneficial in warding off viruses."

Disease — "The primary culprit for what is expected to be such a small crop is something called citrus greening, an incurable disease decimating Florida orange groves, spread by a creepy, lice-like bug. The state's crop is down more than 75 percent from its peak, according to Florida Citrus Mutual. Florida has lost 50 percent of its growers because of consolidation, land development and growers just quitting the business. 'Greening is the most difficult disease to ever impact citrus,' Sparks said.

WAKE-UP CALL OR SAME OLD STORY? — " The Towers and the Ticking Clock," by The New York Times Magazine's Matthew Shaer: "Florida has roughly 1.5 million residential condo units — among the most of any state — and a highly lucrative condo and co-op industry with many powerful players, from management companies and developers to firms specializing in condo law. Historically, these groups, and the lobbyists who represent them, have successfully pushed back against any policy they view as constrictive or unduly expensive. And already, just months after the collapse of Champlain Towers South, there are signs that similar efforts are underway."

TRANSITIONS — Former St. Petersburg Mayor and former legislator Rick Kriseman is joining Shumaker Advisors Florida as managing principal of the firm's U.S. Cities practice, where he will focus on sustainable economic development and urban planning, while working with clients locally and nationally. Kriseman — who spent eight years as mayor — will also join the Shumaker law firm as of counsel in the public policy and government affairs service line. He is joining the same firm that recently hired former Tampa Mayor Bob Buckhorn.

— " Feds try to block victims of Surfside condo collapse from accessing crucial evidence," by Miami Herald's Nicholas Nehamas and Sarah Blaskey

— " Broward superintendent candidate accused of covering up for principal who refused to call the Holocaust a fact," by WLRN's Kate Payne

A message from Floridians for Affordable Rx:

The Florida independent pharmacy lobby claims that pharmacies are struggling, but, 1 in 3 pharmacies in Florida is an independent pharmacy and, while thousands of businesses shuttered due to the pandemic, 20 new independent pharmacies were added in 2020. Despite this growth, their lobbyists are pushing an agenda that will make it harder for small businesses to provide affordable prescription drug coverage.

Florida lawmakers need to reject the costly and harmful special interest agenda of the independent pharmacy lobby and support a more competitive marketplace that will reduce prescription drug costs. That means supporting patient advocates like pharmacy benefit managers, PBMs, that negotiate with drug companies and pharmacies to reduce prescription drug costs for patients. Tell your legislators it is time to put the health and safety of Florida families first. Learn more.

ODDS, ENDS AND FLORIDA MEN

— "Elon Musk offers UCF student $5k to take down his Twitter account," by WKMG's Brian Didlake: "A University of Central Florida student is bargaining with Elon Musk after the teen created a Twitter bot that tracks the billionaire's private jet. Jack Sweeny, a freshman at UCF, said it was crazy when the Tesla founder and SpaceX CEO messaged him with a request he wasn't expecting: to take down his Twitter account. 'I knew like following the plane would reveal what business he is in,' said Sweeny. Sweeny, 19, is the person behind the Twitter handle @ElonJet, an account that displays the flight information of Musk's private jet."

BIRTHDAYS: Rep. Michael Waltz … Gwen Graham, assistant secretary for legislation and congressional affairs in U.S. Department of Education … The Florida Channel's Jossie Barroso … Ryan Ray, Tallahassee city commission aide and former journalist … Florida Politics' Jason Delgado