News: POLITICO Florida Playbook: Florida wants pause in federal voting rights case

Wednesday, June 1, 2022

POLITICO Florida Playbook: Florida wants pause in federal voting rights case

Jun 01, 2022

Hello and welcome to Wednesday.

Good Morning, Good Morning — Lawyers for Florida as well as national Republican groups appear eager to slow the still-ongoing legal battle over Florida's voting laws way, way down.

Within You Without You — Chief U.S. District Judge Mark Walker back in late March blocked several provisions of a 2021 law that imposed new restrictions on drop boxes and voting by mail. Walker's scathing ruling found that the new law was intentionally discriminatory against Black voters. But last month, the 11th Circuit Court of Appeals stepped in and stayed that decision while the overall appeal moves forward.

Fixing a Hole — Part of the appeals court logic was that Walker's ruling came too close to this year's elections and the court needed to step in to prevent confusion. (As previously noted, the changes contained in SB 90 — particularly the drop box restrictions — have yet to be used in any major election.)

Getting Better — Last week, however, lawyers representing new Secretary of State Cord Byrd, the Republican National Committee and National Republican Senatorial Committee asked for a two-month delay in filing briefs in the case because well… The argument was that there's redistricting litigation going on in state and federal court and because hey, Byrd is new to the job. "Ensuring a smooth transition is critical, especially with elections nearing. Extending the filing deadline by sixty days would allow the Secretary's counsel to focus on these election-related cases and would allow the secretary-of-state transition to run efficiently."

A Day in the Life — Let's also note that a two-month pause in the case would likely push a hearing over Florida's voting law until later in the year — and probably after Gov. Ron DeSantis' reelection.

With a Little Help From My Friends — Lawyers representing the voting rights and civil rights groups that brought the lawsuit challenging the law strongly oppose the motion by the state and GOP groups and argue that such a delay means the case won't be decided ahead of the March 2023 municipal elections scheduled across the state, including in Jacksonville. "Appellants offer no good reason for delaying resolution of this case and risking depriving plaintiffs of their constitutional rights for another year," states the response. The lawyers challenging the state law argue that, if anything, the appeals court should expedite the case and take it up as soon as possible because "the public interest strongly favors prompt resolution."

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

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CAMPAIGN MODE

MONEY'S TOO TIGHT (TO MENTION) — "Florida Democrats sense opportunity against DeSantis over soaring housing costs," by CNN's Steve Contorno: "Democrats in Florida, struggling to energize liberals while bleeding support among Latinos, have settled on a message to galvanize voters heading into the midterm elections: It's too expensive here. Up and down the ballot, Democratic candidates have shifted their campaigns to focus on the soaring housing costs that are eating into the savings of retirees and workers and leaving poorer Floridians with fewer places to go."

HALF-STEP — (POLITICO's Andrew Atterbury writes in): The Florida Education Association, the state's largest teachers union, on Tuesday threw its support behind Democratic Rep. Charlie Crist for governor, although the organization has yet to formally endorse the congressman ahead of the Aug. 23 primary. The FEA, encompassing some 150,000 throughout 100 local unions, is asking the Florida AFL-CIO to endorse Crist in a decision that is expected to made by the federation of labor unions in June.

On the scene — At an event Tuesday in Miami, union leaders and Crist hounded DeSantis for "politicizing" classrooms and "censoring" school lessons through recent legislation that has passed the Legislature with the Republican governor's backing. "I believe that public education is the equal opportunity provider in our country when we have great teachers — and we do," Crist said Tuesday. "But we're losing them under the DeSantis administration because they're being mistreated."

GETTING D.C. ATTENTION — "Meet the 25-year-old gun violence prevention advocate who could become the first Gen Z member of Congress," by Insider's Bryan Metzger: "[Maxwell Alejandro] Frost, a member of Generation Z and what he dubs the 'mass shooting generation,' is running to replace Democratic Rep. Val Demings, who's making a bid for the US Senate. In 2016, he survived a close brush with gun violence himself at a Halloween event in downtown Orlando when two men nearby got into a shooting match with one another. 'We all started running,' he says. 'I remember I had to pick up my friend who froze on the ground.' Now, he stands a very good chance of becoming Congress's newest, most prominent gun violence prevention advocate."

— "Rep. Val Demings makes it official — files to run against Republican U.S. Sen. Marco Rubio," by USA Today Network-Florida's John Kennedy

— " Belated Florida map means sunshine in GOP forecast," by Roll Call's Nathan L. Gonzales

... DATELINE TALLAHASSEE ...

CC: RON DESANTIS — "Supreme Court blocks Texas law on social media 'censorship,' " by POLITICO's Rebecca Kern: The Supreme Court has suspended a Texas law banning online platforms from restricting user posts based on their political views, representing a major win for social media companies. In a 5-4 ruling, the court granted an emergency stay request on Tuesday from tech industry groups that petitioned to block the law, which is being appealed in a federal appellate court. The companies have argued the law violates their First Amendment rights to control what content they disseminate on their websites and platforms.

Context — The Texas law, which Gov. Greg Abbott signed in September, is one of several Republican attempts at the state level to enjoin social media platforms from allegedly censoring conservative viewpoints. Florida also has a similar social media law (SB 7072) that the 11th U.S. Circuit Court of Appeals ruled last week was largely unconstitutional, siding with the tech trade groups' arguments that it violated their First Amendment rights.

HEADED TO COURT — "Florida Supreme Court poised to hear case on local gun regulations," by News Service of Florida's Jim Saunders: "With mass shootings refueling a national debate about gun laws, the Florida Supreme Court will hear arguments next week in a dispute about a 2011 state law that threatens stiff penalties if city and county officials pass gun-related regulations. The case has drawn briefs from some of the biggest names on gun issues, such as the National Rifle Association and the Giffords and Brady gun-control groups. At the heart of the case is Florida's longstanding practice of establishing gun laws statewide — and what happens if cities and counties try to impose gun-related regulations."

WAITING FOR GOVERNOR — "New school safety bill focuses on identifying potential shooters, not access to guns," by Miami Herald's Mary Ellen Klas: "A day after an 18-year-old gunman entered an elementary school in Uvalde, Texas, and killed 19 students and two teachers, the Florida Legislature sent HB 1421 to Gov. Ron DeSantis for his expected signature. The measure, passed during the regular legislative session, attempts to improve transparency around school emergencies, tightens requirements on who can serve as school safety officers, increases training relating to youth mental health and, for the first time, requires the Florida Department of Education's Office of Safe Schools to adopt a plan for family reunification when K-12 public schools are closed or unexpectedly evacuated."

THE GOVERNOR WANTS YOU — "Florida State Guard opens its doors for first time in decades. Democrats slam DeSantis plan for army," by Tallahassee Democrat's Jason Delgado: "The Florida State Guard is now accepting applications. The Governor's Office on Tuesday promoted two listings — one inviting Floridians to join the 400-man volunteer force, another seeking one person to lead it. 'If you love the state of Florida, have a desire to help your community, and have skills beneficial to protect the state from a disaster, we encourage you to apply to join the FLSG,' says a news release. Florida Gov. Ron DeSantis announced plans last year to revive the force after decades of dormancy. The state guard, he says, will assist the Florida National Guard during natural disasters and other states of emergency."

SUMMER DAYS OF LITIGATION — "Contractors challenge property insurance reforms passed by Florida lawmakers," by News Service of Florida's Jim Saunders: "Less than a week after Florida lawmakers rushed to make property insurance changes, a contractors group Tuesday filed a constitutional challenge that targets a new restriction on attorney fees in lawsuits against insurance companies. The Restoration Association of Florida and Air Quality Assessors LLC, an Orlando firm that does work such as mold testing and leak detection, filed the lawsuit in Leon County circuit court. It came after lawmakers last week passed a measure (SB 2-D) to try to bolster a troubled property insurance market that has led to homeowners losing coverage and seeing spiraling premiums."

— "Abortion medication is legal in Florida. But for how much longer?" by Tampa Bay Times' Ian Hodgson

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DATELINE D.C.

SPEAKING OUT — "Inside a Biden White House adrift," by NBC News' Carol E. Lee, Peter Nicholas, Kristen Welker and Courtney Kube: "Rep. Stephanie Murphy, D-Fla., said the White House has failed to put forward what she called an 'intellectually honest' plan to combat inflation — a burden that ranks first among Americans' economic concerns, polling indicates. A bill the House passed to crack down on alleged gas price gouging isn't an answer, she said. 'If I sound frustrated, it's because I hear from my constituents,' Murphy said. 'They're struggling. This is not a time for political games. It's not the time for finding bogeymen.'"

Stephanie Murphy is pictured. | AP Photo

AP Photo

'I'M NOT INVOLVED WITH THAT' — "U.S. Rep. John Rutherford faces ethics committee probe over disclosure of stock trades," by Florida Times-Union's David Bauerlein: "U.S. Rep. John Rutherford will undergo an investigation by the House Committee on Ethics over multiple late disclosures of stock transactions, a matter that Rutherford had said he believed he already put behind him by paying fines. The House ethics committee's leaders announced Tuesday they would open the investigation after receiving a referral from the Office of Congressional Ethics. Rutherford, R-Jacksonville, serves on the bipartisan, 10-member House Committee on Ethics, so the committee is reviewing one of its own members."

THE GUNSHINE STATE

STATUS QUO — "National, international officials urge gun control policies after Uvalde, but FL still quiet ," by Florida Phoenix's Michael Moline: "A week after the mass school shooting in Uvalde, Texas, national and international officials are reflecting on what to do about gun policies, but Florida is still quiet on adding more restrictions. At the state-level, Florida Agriculture Commissioner Nikki Fried has once again called for a special legislative session to pass additional gun ownership regulation legislation, in a Tuesday letter to Senate President Wilton Simpson and House Speaker Chris Sprowls."

...HURRICANE HOLE...

STORM WARNING — "New threat to South Florida takes shape as Hurricane Agatha falls apart after battering Mexico ," by Palm Beach Post's Kimberly Miller: "As Hurricane Agatha fell apart Tuesday after battering a stretch of tourist beaches and fishing towns in southern Mexico, a new threat to South Florida began to take shape near the Yucatan Peninsula. The National Weather Service in Miami said South Florida should expect heavy rainfall and squally conditions by the end of the week as what is forecast to become at least a tropical depression moves toward the northeast. If the churn of storminess in the southeastern Gulf of Mexico gains tropical storm status, it would be named Alex."

— "Two years after Hurricane Sally, has Pensacola bounced back? No, not quite, experts say," by Pensacola News Journal's Alex Miller

PENINSULA AND BEYOND

I DRINK YOUR MILKSHAKE — "State agency backs environmental challenge of water bottling permit," by POLITICO's Bruce Ritchie: A state agency that issued a permit for water bottling at Ginnie Springs along the Santa Fe River is now siding with environmentalists who are challenging the action, according to a new court filing. The Suwannee River Water Management District told the 1st District Court of Appeal that a state administrative judge in 2021 erred in ruling that the environmental group the Florida Springs Council had lost its chance to appeal a year earlier.

DLP CHRONICLES — " She drank beer in a city car, ran commissioner's errands. She still works for Miami," by Miami Herald's David Ovalle and Joey Flechas: "On paper, ex-con Jenny Nillo was hired as a community liaison by a tax-funded office tasked with revitalizing struggling neighborhoods near downtown Miami. But in reality, Nillo rarely went to the Omni Community Redevelopment Agency's Overtown headquarters. Instead, investigators tailing her found she spent her days drinking gas-station beers in her city-issued car, driving to offices of the agency's chairman: Miami Commissioner Alex Díaz de la Portilla. Investigators monitoring her movements last year were so concerned by her drinking that they pulled her over after she bought wine and tequila and spent an hour at Díaz de la Portilla's home in the middle of the morning."

AWFUL — "Captain cut parasailing cable before mom and kids slammed into Keys bridge, police say," by FLKeysNews.com's David Goodhue and Gwen Filosa: "A parasailing cable tethering a young mother and two children to a boat was intentionally cut by the vessel's captain on Memorial Day, plunging them into the water and dragging them across the surface before they hit a Florida Keys bridge, according to police investigating the case. The 33-year-old woman from Schaumburg, Illinois, Supraja Alaparthi, was dead by the time a 'good Samaritan' boat captain delivered her and the children to a restaurant in the Middle Keys city of Marathon, which police, Coast Guard crews and paramedics were using as a staging area for Monday's tragedy."

— "Miami Gardens residents drop F-1 suit. Race was loud but won't cause hearing loss," by Miami Herald's Aaron Leibowitz

— " Man found dead in gator-filled lake near disc golf course," by Associated Press' Curt Anderson

— "Bill Nelson: Future of space is in Jacksonville, as local firm Redwire works on NASA mission ," by Florida Times-Union's Alexandria Mansfield

ODDS, ENDS AND FLORIDA MEN

BIRTHDAYS: State Sen. Danny Burgess … Tallahassee Democrat's Jeff Burlew … Lyndee Rose … Journalist Jake Stofan … Journalist Bill Barrow