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I Voted!?

By Ugonma Uchegbu ‘27

 

In 2021, Tallahassee introduced its first string of voter restrictions, a manual for procedures on voter registration and the electoral process. In this bill, many changes were implemented that revised specific details of the process, including the vote-by-mail procedure, new identification amendments, and changes to Supervisor of Elections offices. Though these changes seemed small, they have had astounding effects on voters' ease with navigating the general election. 


Let’s begin with vote-by-mail. According to Florida Statutes (SB90, Title IX.101.62.a), 


One request shall be deemed sufficient to receive a vote-by-mail ballot for all elections through the end of the calendar year of the second ensuing regularly scheduled general election, unless the elector or the elector’s designee indicates at the time the request is made the elections for which the elector desires to receive a vote-by-mail ballot.” (1)

This law was the template for a series of vote-by-mail restrictions. It essentially states that voters opting for this means must renew the VBM every 2 years instead of every 4 years. It doesn’t seem like very much in theory, right? In fact, this meant that those who previously were unaware of the changes to VBM (this bill came into effect at the end of 2022) would not be eligible to vote automatically by mail if they did in the midterm elections or general elections. The EPC found that, as a result, 1 million Floridians were kicked off the VBM ballot opt as advocacy and SOEs scrambled to relay the new changes to voters. (2) 


That was only the beginning; more recent changes included SB90 and the subsequent SB524 bill passed in 2022, which detailed limitations on VBM dropboxes for where and when they can be placed. The first SB90 mandated that VBM “Secure drop boxes shall be placed at the main office of the supervisor, at each branch office of the supervisor, and at each early voting site. Secure drop boxes may also be placed at any other site that would otherwise qualify as an early voting site under s. 101.657,” (3) SB524 echoed and amplified that sentiment by limiting the availability of drop boxes, “revising requirements for permanent branch offices of the supervisor which may be used to secure ballot intake station locations; conforming terminology to changes made by the act.” (4)


The second restriction has to do with changes to requirements for Supervisor of Elections offices which is detailed in SB524 stated above amplifying the issues vote by mail Dropbox availability and changed in-person polling locations for those who previously voted at Supervisors of Elections offices. These didn’t just cause isolated effects. According to the Florida Division of Election, Florida is a State with over 13.8 million voters, so these changes affected voters across the 67 counties. (5) The reality of these laws coupled together with other revisions had the effect of creating more strife for those who need convenient, accessible locations to vote or drop off and discouraging the process altogether. 


The third major restriction has been heavily contested since its passing, not just in Florida but across the nation; this year, the restrictions affected both in-person voters and vote-by-mail voters alike. The 2021 SB90 requires those who choose to vote by mail to submit additional identification before placing the ballot, “requiring certain vote-by-mail ballot requests to include additional identifying information regarding the requesting elector.” (SB90, Title IX. 101.62, page 17 rev.). (6) Consider this: a registered voter, who is already eligible to vote and can easily be identified through the vote-by-mail counting process since they’ve mailed in their ballot, would have to submit additional identification to be considered. I.D. laws have already seen growing suspicion of unfair disadvantages to certain voting demographics and the unnecessary standards that they place. Now they have expanded them even further to incorporate restrictions on mailers. 


Things don’t get much better at the polls as, in even more alarming news, the same bill permits partisan observers to object to and adjudicate I.D. signatures during canvassing. “The canvassing board must, if the supervisor has not already done so, compare the signature of the elector on the voter’s certificate or the vote-by-mail ballot cure affidavit as provided in subsection with the signature of the elector in the registration books or the precinct register to see that the elector is duly registered in the county and to determine the legality of that vote-by-mail ballot” (SB90. Title IX, 101.68.c). (7) I don’t need to detail the issue this revision poses to voters who are now subject to the bias of partisan observers. 


The effects of these laws were resounding in the 2024 election season as SOEs and advocacy groups scrambled to relay new changes and information to voters and work to rectify issues that these restrictions posed. Makers of these laws cannot perceive the implications they will have on voters. The continued creation, revision, and reimplementation of unnecessary and frivolous statutes almost appears to have a cohesive grip on reality for Floridians. The translation of these laws may seem minute however when translated empirically complicates the process for everyone involved in the election procedure. 


Even more so, these complications are amplified during unforeseen circumstances as we saw with this year's election. For example, late in the season, we saw the aftermath of Hurricane Helene and Milton on the lives of many Floridians and on their inability to participate easily in the election, amplified by another rulemaking revision in May of this year that “require[s] use of a uniform form and application and make necessary updates to the rule and voter registration application.“ (Rule NO. 15-2.048). (8) 


Effectively, voters who opted to vote by mail in a temporary location could only do so by submitting a uniform statewide request form to their SOE. In October, when thousands of Floridians were forced into temporary locations due to the state of emergency, voters in counties like Osceola who didn’t have these requirements waived needed access to printers and reliable internet to request a mail-in ballot. These restrictions turned a law encouraging further accessibility into an inaccessible mode that complicated the voting process for those affected. 


There is a need for structured solutions that remove unnecessary strain on voters, election workers, and advocacy. Yet, current solutions aren’t necessarily abstract or incomprehensive. Already, proposals to solve these issues have been put forth. The most notable is the Florida Voting Act, a bill proposed in 2022 that, if implemented, would have detailed the removal of restrictions and protection of vulnerable voters in Florida. Some of the solutions involved:


  • The removal of extensive barriers to ballot deniability;

  • Highly enforceable access to participation for disabled, bilingual, and overlooked voters;

  • Expansive access to participation, including a paid holiday for Election Day and automatic registration through the Department of Highway Safety and Motor Vehicles;

  • A statewide cohesive database (like the Florida Division of Elections) where information could be streamlined and transparency of election conduct could be accessed; 

  • The creation of a centralized database for returning citizens to easily ascertain and administer voter eligibility. (9)


Solutions like these attempt to make it easier for all parties involved in the elections including the state government and have been backed by advocacy groups, local election administrators, and voters themselves. Unfortunately, like this specific proposal, they were denied by the state legislature. It’s very difficult to deny the act of voter suppression when data reports and suggestions to rectify recognized issues are repeatedly ignored.


The constant refining of statutes isn't minuscule. It has real-time, often chaotic effects on Floridians, especially those who are more vulnerable to disadvantage and misinformation. Think critically and ask yourselves: who usually votes by mail? Who are the people who have difficulty accessing constant changes to information? Who are the people who are most affected by extensive I.D. requirements? And who are the ones with historical precedents for suppressive tactics? The answers to these questions explain why we cannot ignore the effects of voter procedure laws.


Endnotes

  1. Florida Senate, Senate Bill 90, Title IX, Chapter 101, § 62 (2020). https://www.flsenate.gov/laws/statutes/2020/101.62.

  2. Voter Registration - New and Removed - Division of Elections - Florida Department of State. (n.d.). Dos.fl.gov. https://dos.fl.gov/elections/data-statistics/voter-registration-statistics/voter-registration-reports/voter-registration-new-and-removed/ 

  3. Florida Senate, Senate Bill 90, Title IX, Chapter 101, § 69 (2021). https://www.flsenate.gov/laws/statutes/2021/101.69.

  4. Florida Senate, Senate Bill 524, Title IX, Chapter 101, § Page 34, revision (2022).https://www.flsenate.gov/Session/Bill/2022/524/BillText/er/PDF#page=34 

  5. Voter Registration - by Party Affiliation - Division of Elections - Florida Department of State.” n.d. Dos.fl.gov. https://dos.fl.gov/elections/data-statistics/voter-registration-statistics/voter-registration-reports/voter-registration-by-party-affiliation/

  6. Florida Senate, Senate Bill 90, Title IX, Chapter 101, § 62, page 17 revision (2021). https://www.flsenate.gov/laws/statutes/2020/101.62.

  7. Florida Senate, Senate Bill 90, Title IX, Chapter 101, § 68 (2020). https://www.flsenate.gov/laws/statutes/2020/101.68.

  8. “28577090, 1S-2.048 - Florida Administrative Rules, Law, Code, Register - FAC, FAR, ERulemaking.” 2024. Flrules.org. 2024. https://www.flrules.org/Gateway/View_notice.asp?id=28577090

  9. Civil Rights Organizations to Announce Harry T. And Harriette v. Moore Florida Voting Rights Act | ACLU of Florida | We Defend the Civil Rights and Civil Liberties of All People in Florida, by Working through the Legislature, the Courts and in the Streets.” 2024. Www.aclufl.org. January 11, 2024. https://www.aclufl.org/en/press-releases/civil-rights-organizations-announce-harry-t-and-harriette-v-moore-florida-voting


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