News : POLITICO Florida Playbook: Another skirmish over Florida's election laws

Thursday, March 24, 2022

POLITICO Florida Playbook: Another skirmish over Florida's election laws

Mar 24, 2022

Good Thursday morning.

Still pending — A federal judge is still trying to sort out what to make of last year's contentious election law that placed restrictions on dropboxes and mail-in voting. And well, to keep things complicated, the Republican-controlled Legislature passed a new bill this month meant to alter the state's voting laws even further.

Turn it in — So Chief U.S. District Judge Mark Walker asked the two sides in the lawsuit to tell him how the newly passed bill (SB 524) would affect the legal challenge he still hasn't ruled on. Lawyers representing civil rights and voting rights groups suing the state — as well as attorneys for Secretary of State Laurel Lee — responded late Wednesday afternoon.

Repealed — The attorneys for Lee made it clear that the new bill, which has yet to be signed by Gov. Ron DeSantis, would make part of the lawsuit "moot" because it would wipe away one provision being challenged in federal court. The new bill eliminates a requirement that third-party voter registration groups must warn would-be registrants there's a chance their application would not be submitted in a timely fashion. Groups suing said this has hampered their ability to sign up new voters.

Convenient timing — Those who watched the trial have zeroed in on the disclaimer provision as the one part of last year's law (SB 90) — which also placed restrictions on drop boxes and mail-in voting — that seemed most in danger of getting struck down. The state's attorneys did note that dismissal of this part of the case would be "premature" until the governor acts … so maybe that will be an impetus for the bill to be signed quickly. (Set up that bill signing ceremony pronto!)

Makes it worse — The attorneys representing the groups challenging the law agreed that the new bill would render the disclaimer portion of their lawsuit moot. But they sharply criticized other parts of this latest proposal, including a part that increases fines for certain election law violations. They also argued the new bill "aggravates" the restrictions they are challenging in their current lawsuit and would place even more limits on where and when dropboxes could be used. "The combination of SB 524 and SB 90 would increase burdens on all voters, particularly voters of color and voters with disabilities," states the brief filed on behalf of the civil and voting rights groups.

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

COUNTDOWN: It's been 20 days since the Florida Legislature approved a new congressional map but it still hasn't been sent to Gov. Ron DeSantis. DeSantis has promised to veto the map.

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

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CAMPAIGN MODE

PIVOT — "FL Dems highlight protection of Obamacare as an issue in 2022 elections," by Florida Phoenix's Isaac Morgan: "Florida Democrats marked the 12th anniversary of the Affordable Care Act on Wednesday by warning voters that the health care law also known as Obamacare would face threats if Republicans gain control over Congress in the November elections. Republicans, including Florida Attorney General Ashley Moody, have joined lawsuits seeking to dismantle the ACA, signed into law by former President Barack Obama in 2010. U.S. Rep. Debbie Wasserman Schultz of Florida stressed the importance of electing Democrats in the 2022 midterms to protect the ACA, upon which many low-income families rely for affordable health care."

CAMPAIGN ROUNDUP — LeAnna Cumber, a Republican who jumped into the race for Jacksonville mayor this week, is coming out with a biographical ad that stresses her background as the daughter of a Cuban exile, her job experience and her record while serving on the Jacksonville City Council. There are already five candidates and two Republicans in the 2023 race for Florida's largest city. Incumbent Mayor Lenny Curry is leaving office due to term limits … The National Rifle Association and Unified Sportsmen of Florida endorsed Senate President Wilton Simpson on Wednesday in his bid for agriculture commissioner. Marion Hammer, a past president of the NRA, defended Simpson's record regarding guns. But the NRA back in 2018 did list Simpson as a "betrayer" because he supported a bill passed after the Marjory Stoneman Douglas shootings that raised the minimum age to purchase a rifle in Florida.

— " Ron DeSantis campaign promotes Miami event with UFC fighter involved in sucker punch incident," by Florida Politics' Jesse Scheckner

— "Charlie Crist pushes theme to 'bring back good ,'" by Florida Politics' Scott Powers

DATELINE D.C.

DAY 3— "Ketanji Brown Jackson defends sentencing decisions, says she would recuse from affirmative action case in final contentious day of Senate questions ," by Washington Post's Ann E. Marimow, Seung Min Kim and Robert Barnes: "Supreme Court nominee Ketanji Brown Jackson sparred with Republican senators Wednesday in a series of charged, sometimes caustic encounters over their assertions she is a judicial activist who is soft on crime, insisting that she would not be a policymaker on the bench. Lawmakers raised their voices and repeatedly interrupted Jackson during the final day of questioning in a confirmation process that turned surprisingly bitter. Republicans charged that she was obscuring her record and refusing to answer basic questions about her judicial philosophy. Wednesday's hearing ended with Jackson defending her sentencing decisions as a trial court judge and having said for the first time that, if confirmed, she would sit out an upcoming affirmative action case because of her ties to Harvard University."

IN PERSON — "FAMU Law students visit Ketanji Brown Jackson's Supreme Court nomination hearing," by Orlando Sentinel's Desiree Stennett: "[Zsa'Queria] Martin, a second-year at Florida A&M University College of Law, was among 10 students who traveled to Washington D.C. to watch the U.S. Supreme Court confirmation hearing for Judge Ketanji Brown Jackson. 'As a Black woman, law student and future civil rights attorney... it was beautiful watching her confirmation hearing,' Martin said. 'Seeing her beautiful natural hair, seeing her carry herself with style and grace, seeing people say her name correctly — because I have an "ethnically difficult" name, as some would say — it gave me butterflies inside. I want to remind everyone that her story is our story.'"

A tear running down Ketanji Brown Jackson's face as she listens.

Judge Ketanji Brown Jackson becomes emotional as Sen. Corey Booker (D-N.J.) speaks during the third day of her Supreme Court confirmation hearings before the Senate Judiciary Committee in Washington, D.C. on March 23, 2022. | Francis Chung/E&E News/POLITICO

ONE TO WATCH— A new law firm with some familiar names is launching operations in Florida and Washington, D.C. Attorneys John Arrastia Jr., Anne Corcoran, Jesus M. Suarez and former Ambassador Carlos Trujillo announced the formation of Continental PLLC on Thursday. The goal of the firm will be to assist clients through "complex legal, political, and business environments in Florida, Washington D.C., and throughout Latin America and the Caribbean."

The roster — Trujillo is a former state legislator from Miami who was the permanent representative to the Organization of American States under the administration of former President Donald Trump. Corcoran, who had been at the firm Nelson Mullins and worked on cases involving public records, elections and constitutional matters, serves on the Florida Commission on the Status of Women. She is married to Education Commissioner Richard Corcoran. Arrastia and Suarez practiced together at Miami- based Genovese Joblove & Battista, P.A., where Arrastia was a shareholder and Suarez was a partner. Arrastia is an arbitrator and litigator, with over twenty-five years' experience. Suarez has worked on complex financial disputes, including controversies involving bankruptcies and related litigations. Carlos E. Alvarez and Angelo M. Castaldi will be associates in the firm.

— "Rubio to file bill to punish countries like Russia for space debris ," by Orlando Sentinel's Richard Tribou

— "Democratic congresswoman Val Demings campaigning for Senate seat with 'affordability tour,'" by WINK-TV's Sydney Persing and Matthew Seaver

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TRUMPLANDIA AND THE SWAMP

WHAT HAPPENS IN MAR-A-LAGO — "Trump privately works to keep a key cog of his political machinery intact, " by POLITICO's Meredith McGraw: This past Friday afternoon over lunch, a group of evangelical leaders met with former President Donald Trump at his private Mar-a-Lago club in Palm Beach, Fla. The meeting, organized by Trump's informal spiritual adviser and televangelist Paula White-Cain, was described by Trump advisers as a routine drop-in visit for the former president who has opened up his private resort to a parade of political meetings and fundraisers with GOP candidates, consultants and deep-pocketed donors.

The roster — According to an attendee, Friday's meeting was organized by the National Faith Advisory Board, led by White, which aims to continue the work of the Trump White House's Faith and Opportunity Initiative. Neither White nor a spokesperson for the group responded to a request for comment. Attendees at the intimate Mar-a-Lago meeting on Friday included influential evangelical leaders like pastor Jack Graham, James Dobson and Ralph Reed, chair of the Faith and Freedom Coalition.

— "Trump is guilty of 'numerous' felonies, prosecutor who resigned says," by New York Times' William K. Rashbaum, Ben Protess and Jonah E. Bromwich

... DATELINE TALLAHASSEE ...

FINAL TRY — "AARP launches campaign urging DeSantis to veto nursing home staffing bill," by POLITICO's Arek Sarkissian: The Florida AARP launched a campaign on Wednesday urging Gov. Ron DeSantis to veto a bill that would let nursing homes shift some resident care over to lesser-trained employees. In a statement, AARP said the measure, HB 1239, would reduce care for Florida's 71,000 nursing home residents by 20 percent. AARP Florida State Director Jeff Johnson, in the statement, brought up DeSantis' approach toward addressing Covid-19 earlier in the pandemic, which focused heavily on seniors who were the most likely to die from the virus.

STILL IN COURT — " Judge expected to back Florida law requiring abortion waiting period," by News Service of Florida's Jim Saunders: "A Leon County circuit judge indicated Wednesday she will uphold a 2015 state law that would require women to wait 24 hours before having abortions, opponents of the law said. Circuit Judge Angela Dempsey held a hearing on a motion by Attorney General Ashley Moody's office to reject a constitutional challenge to the law. Dempsey had not issued a written ruling Wednesday afternoon. The Republican-controlled Legislature and then-Gov. Rick Scott approved the law, which is aimed at requiring women to wait 24 hours after initial clinic visits before having abortions. The Florida Supreme Court in 2017 approved a temporary injunction against the law, but the fight has continued in lower courts."

— "Casey DeSantis announces social media ads to warn Florida's youth off drug abuse," by Florida Phoenix's Danielle J. Brown

CORONAVIRUS UPDATES

LET IT RAIN — "Pandemic money spent on hotel, ballpark, ski slopes," by The Associated Press' Brian Slodysko: "In Broward County, officials defended their planned 29-story, 800-room hotel, which will be owned by the county but operated by a private management group. They also contest whether federal money is technically being used for the project. Broward County initially routed $140 million in federal coronavirus aid to the project, which ran against Treasury Department rules that generally bar spending the money on large capital projects. To get around the prohibition, the county adopted a common workaround."

It still spends — "In a back-to-back series of unopposed votes, commissioners clawed back the federal money they had given to the hotel. They then transferred it to the county's general fund, describing it as a federal payment to cover lost tax revenue, which is an acceptable use. Then the cash was transferred from the general fund right back to the project. County Administrator Monica Cepero insisted 'no federal funds will be used to pay any of the cost of developing the Hotel Project.' … Some lawmakers in Congress, however, are nonplussed. 'They are basically money laundering funding that is meant to help communities that are suffering,' said [Rep. Abigail] Spanberger, who called for more oversight."

PENINSULA AND BEYOND

BIG EATERS — "Officials: Florida manatees eat 'every scrap' in food trial," by The Associated Press' Curt Anderson: "One thing wildlife officials have learned during the winter experimental feeding program to help manatees avoid starvation is that if you feed them, they will come. Manatees have eaten virtually all of the estimated 160,000 pounds of lettuce provided at a warm-water power plant site where manatees typically congregate during cold months, officials said Wednesday during a virtual news conference. "They've eaten every scrap of food we've put out," said Scott Calleson of the U.S. Fish and Wildlife Service."

— " 37,000 customers of insolvent home insurer must find new company by April 13," by Sun Sentinel's Ron Hurtibise

— " U.S. Coast Guard sends back to Haiti nearly 200 migrants rescued at sea," by Miami Herald's Syra Ortiz-Blanes

— "Court upholds sentencing for the man convicted of setting pipe bombs at FAMU in 1999 ," by News Service of Florida's Jim Saunders

— "Jacksonville's Confederate monument debate heats up but awaits 'roadmap' for a decision," by Florida Times-Union's David Bauerlein

ODDS, ENDS AND FLORIDA MEN

— "Celebrity chief Guy Fieri visits Lake Worth High School, gives $20K, encourages students to 'go to college,'" by Palm Beach Post's Liz Balmaseda: "What's better than another Taco Tuesday? If you're an aspiring young cook at Lake Worth Community High School's Culinary Academy, it's a Tuesday visit from Food Network superstar Guy Fieri, the chef who's featured many a stellar taco joint on his "Diners, Drive-Ins and Dives" road series. And it's even better when the "Mayor of Flavortown" comes bearing gifts. Fieri, well known for leading charitable efforts across the country, made a $20,000 donation from his Guy Fieri Foundation to the school's culinary program."

— " Pride apologizes for not allowing display of 'Gay' banner," by The Associated Press: "The Orlando Pride has apologized after a supporters' group was told it could not display a banner that said "Gay" at a match this weekend. The Black Swans' banner was in reference to Florida's recent legislation dubbed by critics as the "Don't Say Gay″ bill. The supporters' group went to Twitter, claiming the sign was deemed political and removed. In the fallout, the front office for the National Women's Soccer League team said it would meet with the group to find out what happened."

BIRTHDAYS: State Rep. Anthony Rodriguez … Former state Rep. Adam Hattersley … Abby Goodnough with The New York Times … Fred Menachem, ThriveDX senior director of communications, is 5-0.