I’ve been writing a lot over the past five months about House Bill 1355, dubbed by many as Florida’s ignominious voter suppression law. HB1355 is being challenge in federal court, and the US Justice Department has yet to grant preclearance of portions of the law which cover five Florida counties covered by Section 5 of the Voting Rights Act. Defending the law, the Florida Secretary of State is suing in Federal Court to not only uphold all sections of the law, but to strike down Section 5 of the Voting Rights Act.
Most of the attention that I and others have given to HB1355 has focused on three areas that the GOP-controlled legislature cracked down on in order to make it more difficult for citizens of Florida to register to vote and cast a ballot, namely:
1) Reducing the number of days for early voting from 14 days to eight days, and altogether eliminating early voting on the Sunday before the Tuesday election.
2) Requiring third-party voter registration organizations to submit voter registration applications within 48 hours of receipt instead of ten days as provided by existing law, and imposing a fine of $50 for each failure to comply with the deadline, and imposing fines up to $1,000 for failing to comply with other provisions.
3) Disallowing voters who move from one Florida county to another to make an address change at the polls on the day of an election and vote a regular ballot, except for active military voters and their family members.
(Less attention has been given to the portion of the law that reduces the shelf-life of citizen initiative petition signatures proposing constitutional amendments from four years to two years.)
Virtually no attention has been given to HB1355’s impact on absentee voting in Florida. The reason is fairly simple: the law has actually made it easier for citizens to cast an absentee ballot, and actually, increases the likelihood of voter fraud.
Absentee ballot fraud is not limited to Miami mayoral races. Just yesterday, several people in Madison County, including a candidate for school board, were arrested and charged with obtaining absentee ballots for other people without the voters’ knowledge or consent. The candidate and her accomplices then provided an alternate address for the ballots to be mailed by the Supervisor of Elections, and allegedly then retrieved the ballots from the third party locations, brought the ballots to the voter, sometimes with the ballots already filled out, and then had the voter sign the absentee ballot signature envelope.
Tragically, HB1355 eliminates the provision that existed in 2010 when the fraud occurred, making future absentee ballot fraud more difficult to prosecute. Prior to the election code being changed by the Republican legislature in 2011, Supervisors of Elections were required to send absentee ballot to a voter’s registered address, unless the voter was absent from the county, hospitalized, or temporarily unable to occupy their residence.
But these provisions to reduce the possibility of absentee voter fraud were stricken by HB1355. Instead of being required (with the forgoing exceptions) to send an absentee ballot “By nonforwardable, return-if-undeliverable mail to the elector’s current mailing address on file with the supervisor,” supervisors now may be asked by anyone (even over the phone) to mail an absentee ballot “to any other address the elector specifies in the request.”
HB1355 is an embarrassment, plain and simple. The Republican-controlled legislature’s intention was not to reduce voter fraud, of which there is virtually none when it comes to voter registration and early voting. The reason lawmakers turned a blind eye to absentee ballots in the state–where there is clear evidence of voter fraud–is because registered Republicans are much more likely to use this form of convenience voting than their Democratic counterparts. In 2008, Republicans had a 10.8% lead over Democrats voting absentee ballots by Election Day.
Partisan politics in Florida have reached a new low.