Tuesday, July 25, 2023

Florida loses bid to lock DOJ out of voting case

Gary Fineout's must-read briefing on what's hot, crazy or shady about politics in the Sunshine State
Jul 25, 2023 View in browser
 
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By Gary Fineout and Kimberly Leonard

Hello and welcome to Tuesday.

Surprise, surprise Secretary of State Cord Byrd — a former Republican legislator appointed by Gov. Ron DeSantis — as well as 10 local elections supervisors, are pushing back against the Department of Justice’s attempt to weigh in on a legal fight over voting rules.

Jumping in Earlier this month the DOJ filed a “statement of interest” in a lawsuit challenging a Florida voter registration provision that requires some people to physically sign their name with a pen, aka the “wet signature” requirement.

Those involved The lawsuit was filed in March against Byrd and the state’s election supervisors by the voting advocacy group Vote.org, as well as the Florida state branch of the NAACP and two other organizations. The groups are being represented by lawyers from the Elias Law Group, a firm aligned with Democrats.

If it may please the court — In a somewhat testy court filing lawyers representing Byrd, DeSantis and some supervisors asked U.S. District Judge Allen Winsor to toss the DOJ filing in its entirety. “Neither the local rules nor (federal law) permits the United States to do whatever it believes “the interests of the United States” require. It cannot file briefs or motions, introduce evidence, examine witnesses, or initiate appeals whenever it pleases — no matter what “the interests of the United States” dictate."

Nope — Winsor, an appointee of former President Donald Trump, did not grant the request. Instead he ruled that those opposed to the DOJ filing — including the Republican National Committee — could respond to the arguments from federal lawyers. DOJ’s filing centered on legal questions such as whether private groups have the standing to question if a state law violates federal civil rights and voting laws and whether those suing the state must show a pattern of intentional racial discrimination.

Florida v. D.C. As previously noted in Playbook the Biden administration has twice this summer chimed in on lawsuits challenging Florida laws — while state officials including Attorney General Ashley Moody continue to push ahead with legal challenges on multiple fronts. And the beat goes on.

— WHERE'S RON? — Gov. DeSantis is set to attend fundraisers in Chattanooga, Knoxville and Franklin, Tenn.

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

WHAT NEWSROOMS ARE WATCHING Trump could be indicted as soon as today as part of the Jan. 6 probe.

 

JOIN 7/26 FOR A TALK ON THE NEW ENERGY ECONOMY: Join POLITICO's lively discussion, "Powering a Clean Energy Economy," on July 26 to explore the effectiveness of consumer-targeted policies to boost sustainability and create clean energy jobs. How are the Inflation Reduction Act's provisions faring? Which strategies truly sway consumer behavior? Hear from featured speaker, Rep. Debbie Dingell (D-Mich.), among other experts. Don't miss this insightful event — register today and be part of the conversation driving America's clean energy future! REGISTER NOW.

 
 
DESANTISLAND


JOB MOVES — Ethan Eilon, digital director for the DeSantis campaign, is being elevated to the role of deputy campaign manager, Bloomberg first reported. The move comes as DeSantis has faced a slew of negative headlines and sagging polls.

RECALIBRATE — “DeSantis campaign pitches donors on ‘leaner,’ ‘insurgent’ campaign to beat Trump,” by CNN’s Steve Contorno and Kit Maher: “In a brainstorming session on Sunday, [DeSantis'] campaign fielded suggestions from donors and bundlers on messaging and debate strategy, including how to best handle Trump, ideas for debate one-liners and what to do if DeSantis’ top rival for the nomination doesn’t show up for the first GOP primary debate in August.”

Donors left feeling far more optimistic than when they first arrived, report both NBC News and ABC News.

“What really went well, I thought, was the fact that [campaign manager Generra Peck] really looked like she was in control and really had a handle on things,” one bundler in attendance told NBC. “She had a great handle on the numbers and what went wrong and what needed to be done.”

Gov. Ron DeSantis holds a microphone while speaking.

Fla. Gov. Ron DeSantis speaks to guests at the Family Leadership Summit on July 14, 2023, in Des Moines, Iowa. | Scott Olson/Getty Images


DeSantis approval dips back home: The share of Floridian voters who disapprove of DeSantis’ job performance increased over this year, from 38% to 42%, according to a new Morning Consult analysis of governors. Still, the majority of Florida voters, or 54%, approve of his job performance.

The same analysis found New Hampshire Gov. Chris Sununu is the fourth most popular governor in the US, underscoring his importance in the GOP primary as kingmaker in the Granite State.

Meanwhile: Never Back Down, the DeSantis-aligned super PAC, said Monday evening that six new lawmakers in New Hampshire endorsed the governor.

— “Florida Police Chiefs endorse Ron DeSantis for president,” by Florida Politics

— “DeSantis campaign mired in controversies over slavery, anti-gay video, alleged Nazi symbol,” by Orlando Sentinel’s Steven Lemongello

TRUMPLANDIA AND THE SWAMP


JRE — “The standoff between Trump and Joe Rogan over a podcast invite,” by The Daily Beast’s Zachary Petrizzo: “I’m not a Trump supporter in any way, shape or form,” Rogan said earlier this month on the Lex Fridman podcast. “I’ve had the opportunity to have him on my show more than once. I’ve said no every time. I don’t want to help him. I’m not interested in helping him.”

COMING ATTRACTIONS — “Thorny rules and maybe an absent Trump: A month out from the first G.O.P. debate,” by The New York Times’ Jonathan Weisman: “Over the next month, political observers will see a steady taunting of the front-runner by candidates who see a no-lose scenario. Either they goad Mr. Trump to share the stage with them, giving them equal billing with the front-runner and a chance to take a shot at him, or they paint him as too scared to show up, denting his tough-guy image.”

HMM — “Special counsel scrutinizing February 2020 meeting where Trump praised US election security protections,” by CNN’s Sean Lyngaas, Kylie Atwood, Zachary Cohen and Evan Perez: "Trump was so encouraged by federal efforts to protect election systems that he suggested the FBI and Department of Homeland Security hold a press conference to take credit for the work, four people familiar with the meeting told CNN. Those details offer a stark contrast to the voter-fraud conspiracy theories Trump began spreading publicly just weeks later and continued to use to question the 2020 election results."

— “Before Jan. 6, Mark Meadows joked about Trump’s election claims,” by The Washington Post’s Josh Dawsey, Carol D. Leonnig and Jacqueline Alemany

— “How Trump is gaining an advantage in the nitty-gritty battle for delegates,” by Associated Press’ Michelle L. Price

... DATELINE TALLAHASSEE ...


FALLOUT — Florida and DeSantis dig in as criticism of Black history curriculum mounts, by POLITICO’s Andrew Atterbury: Florida officials are digging in and defending the state’s new standards for teaching Black history amid continued widespread criticism on Monday, including threats of possible legal action from a group of civil and religious leaders. Black leaders and Democrats — and some Republicans — are using the issue to hammer DeSantis and his White House ambitions, specifically targeting the new standards that require middle schoolers to be instructed that “slaves developed skills which, in some instances, could be applied for their personal benefit.”

PAYOUT — “Florida is getting opioid settlement money. Here’s how it’ll be spent,” by Tampa Bay Times’ Romy Ellenbogen: “The money is divided into different pots for state and local use. The state is also receiving $84 million worth of naloxone, which reverses opioid overdose, from Teva Pharmaceuticals.”

— “Florida abortions top 38,000 in the first half of 2023 as 6-week ban case hearing looms,” by Pensacola News Journal’s Brandon Girod: It’s a nearly 5,000 increase from the first half of 2022.

— “Lawyers push to make transgender court challenge a class-action lawsuit,” by Florida Politics’ Christine Jordan Sexton

— “Challenge to Florida drag shows law won’t go to trial until next spring,” by the Associated Press

— “ACLU to FL Supreme Court on marijuana initiative: Remember your place,” by Florida Phoenix’s Michael Moline

 — “State reaches settlement in Medicaid suit brought by medically fragile Floridians,” by News Service of Florida’s Jim Saunders

THE GUNSHINE STATE


HELD UP — “Texas case could help determine fate of Florida gun law on sales to people under 21,” by News Service of Florida’s Jim Saunders: “A pending U.S. Supreme Court case could help decide the fate of a Florida law that prevents sales of rifles and other long guns to people under age 21. The 11th U.S. Circuit Court of Appeals on Friday told attorneys for the National Rifle Association and the state that they should wait to file briefs about the constitutionality of the Florida law until after the U.S. Supreme Court rules in a Texas gun case. At a minimum, that means the Atlanta-based appeals court likely will not rule on the Florida law until at least sometime in 2024 — more than six years after the age restriction was passed following the February 2018 mass shooting at Marjory Stoneman Douglas High School in Parkland.”

FINAL STATEMENT — “Florida Supreme Court reprimands Parkland judge, saying Scherer ‘engaged in inappropriate behavior,’” by News Service of Florida: “The Florida Supreme Court on Monday reprimanded a former Broward County circuit judge because of her conduct while presiding over the case of Parkland school shooter Nikolas Cruz. The court unanimously issued a one-paragraph reprimand of Elizabeth Scherer, who reached an agreement in June with an investigative panel of the Florida Judicial Qualifications Commission. The agreement called for a reprimand, but the Supreme Court has ultimate authority to determine disciplinary action.”

 

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...HURRICANE HOLE...


A GOOD TREND — “State farm is now the state’s second-largest home insurer. It vows to stay in Florida,” by South Florida Sun-Sentinel’s Ron Hurtibise: “State Farm is becoming a good neighbor to Florida again. The company regained its position as the state’s largest private market insurer — and No. 2 insurer overall — during the first quarter of the year, supplanting longtime No. 2 Universal Property & Casualty Corp., according to an analysis of marketshare data produced by the state Office of Insurance Regulation. It’s a positive sign amid continued bad news about Florida’s insurance market, and an early indication that recent reforms could inspire more companies to expand their presence in the state.”

PENINSULA AND BEYOND


‘IT IMPACTS ME EMOTIONALLY’ — “She was a GOP congresswoman. Her son is a transgender activist,” by The Washington Post’s Jesús Rodríguez: “She has been trying to change minds in closed-door conversations with Republican officials. (She declined to get into details, saying she didn’t want to make anyone uncomfortable by naming names.) ‘What do you want for your child, do you want your child to be happy?’ Ileana [Ros-Lehtinen] says she asks them. ‘And if this is how your child is happy, and he’s not harming anyone, is leading a productive life — what is the harm in love and acceptance and thinking that every person that you see, that’s somebody’s family?’”

‘IT’S STUNNING’ — “Miami-Dade’s police director shot himself after domestic dispute at Tampa hotel, police say,” by Miami Herald’s Charles Rabin and Douglas Hanks and Bradenton Herald’s Ryan Ballogg: “Miami-Dade County’s police director was in stable condition after shooting himself on the side of a Florida highway Sunday night following an apparent domestic dispute that forced his departure from a Tampa hotel where he and his wife were attending a law enforcement convention, according to multiple police sources and reports. Alfredo “Freddy” Ramirez, a Democratic candidate for sheriff in the 2024 election, was recovering after surgery at a Tampa hospital, according to an internal Miami-Dade Police email and multiple law enforcement sources. Ramirez, 52, suffered a self-inflicted gunshot wound to the head south of I-75 south of Tampa, according to accounts by law enforcement agencies, including the Hillsborough County Sheriff’s Office, Tampa police and the Florida Department of Law Enforcement.”

— “Scott calls for FBI investigation into recent health care data breaches,” by WFLA’s Jeff Patterson

— “Florida A&M lifts ban on football activities as school investigates rap video shot in locker room,” by Associated Press

ODDS, ENDS AND FLORIDA MEN


BIRTHDAYS: Former State Rep. Anika Omphroy ... Shannon C. Smith ... Tony Welch, former spokesperson for the Democratic National Committee.

 

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