Florida’s controversial election law, HB 1355, which has restricted early voting, made the casting of provisional ballots more likely, and cracked down on third party voter registration organization (3PVRO) efforts to register eligible Florida citizens, is still making news.

Yesterday, Judge Robert Hinkle, a federal judge in Tallahassee who is presiding over the legal action brought forth by the League of Women Voters and the other plaintiffs challenging the constraints and penalties placed on 3PVROs, took a more definitive step in deep-sixing several provisions of Governor Scott’s signature voter-suppression law, ruling that he intends to issue a permanent injunction as soon as the 11th U.S. Circuit Court of Appeals dismisses the state’s appeal of his preliminary injunction that he issued back on May 31, 2012.

Anecdotal evidence from groups sitting on the sidelines in Florida suggests that the law has indeed dampened voter registration across the state.

But how should we measure such a decrease, if indeed there has been one?

Florida Times-Union reporter, Matt Dixon, tried to measure the impact of the law in a story he wrote earlier this week that has gotten a lot of press, including a reprint of his findings in the New York Times and on Rachel Maddow’s Blog.  The headline of his article screams, “Democratic registration all but dries up since new Florida laws.”

But let’s take a closer look at Dixon’s methodology.

According to Dixon’s analysis, between July 1, 2011 and August 1, 2012, the number of registered Democrats statewide increased by only 11,365, compared to increases in Democratic registrations over the 13 months that preceded the 2004 and 2008 elections, which he claims increased an average of 209,425 voters.

Dixon also provides similar numbers of new registrations for Republicans, as show in this chart produced on Maddow’s Blog:

Chart: Florida’s voter-registration collapse

Although voter registration numbers are indeed down in Florida compared with other years, there are serious problems with Dixon’s analysis.

First, it does not measure NEW voters who are registered over the three 13-month periods.  Rather, his analysis looks at the differences in aggregate registration numbers for the two parties, which does not hold constant any increases, or (in fact) decreases in the overall number of registered voters in Florida.  Furthermore, statewide population had increased prior to the two previous elections, but recently has remained flat, decreasing the overall pool of potential new registrants of either party.

Second, voter registration is a daily, ongoing occurrence, and total number of registered Democrats and Republicans Dixon compares over the three spans does capture the possible impact of HB 1355, which went into effect on July 1, 2011. Indeed, his 13-month time-frame includes two months (June & July 2012) when 3PRVROs in Florida were once again registering voters after Judge Hinkle’s preliminary injunction on May 31, 2012.

A much better way to measure the effects of HB 1355 on voter registration numbers in Florida is to do what Professor Michael Herron and I have done in this paper.

I don’t have time to summarize our results, but perhaps these figures might suffice for now:
As we write on page 19 in our paper,
I’ll certainly have more on this later…
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