Florida Central Voter File - Election Law Violations, Allegations, Lawsuits

Election Law Violations, Allegations, Lawsuits

The problems with the list, and the process by which it was manufactured and deployed, as well as other issues related to the 2000 election controversy in Florida, became the subject of much criticism and allegations of fraud, which resulted in investigations, litigation, and reform measures.

Phyllis Hampton, general counsel of the Florida Election Commission, testified that her office could investigate the wrongful removal of a Floridian from the voter rolls if there was evidence of a willful violation. Ms. Hampton stated:

"If we had a sworn complaint, which on its face was legally sufficient, we would proceed and look into the matter and see. But one of the requirements to find a violation is that there is willfulness. So if you had a person who had accidentally been removed during the purging of the election records, that would not be a willful violation. You would have to have someone who was deliberately removing people when they should not be removed, for there to be an election law violation."

People like Washington County Elections Chief Carol Griffen have argued that Florida was in violation of the National Voter Registration Act of 1993 "by requiring those convicted of felonies in other states (and subsequently restored their rights by said states), to request clemency and a restoration of their rights".

On February 17, 2001, the American Civil Liberties Union of Florida, in collaboration with Florida Legal Services and the Florida Justice Institute, launched the Equal Voting Rights Project.

In June 2001, The U.S. Commission on Civil Rights released a report and statements arguing that Florida was, on numerous counts, in violation of the Voting Rights Act of 1965 and recommending:

• On 1 count that "The U.S. Department of Justice should immediately initiate the litigation process against the governor, secretary of state, director of the Division of Elections, specific supervisors of elections, and other state and local officials responsible for the execution of election laws, practices, and procedures..."
• On 1 count that "The U.S. Department of Justice should initiate the litigation process against the governor..."
• On 1 count that "The U.S. Department of Justice should initiate the litigation process against the secretary of State..."
• On 12 counts that "The U.S. Department of Justice and the Civil Rights Division in the Office of the Florida Attorney General should initiate the litigation process against state election officials..."
• ...And so on, totaling 20 recommendations involving the phrase "should initiate the litigation process" or "should immediately initiate the litigation process"

(See also THE 2000 VOTE AND ELECTION REFORM)

On February, 2002, the NAACP and four other groups filed suit against Harris (NAACP v. Harris), a former state election chief, and the county elections supervisor. The lawsuit cites the state, several counties and the contractor over procedures for voter registration, voter lists and balloting. The suit charges that Black voters were disenfranchised during the 2000 presidential election, and argued that Florida was in violation of the Voting Rights Act of 1965 and the US Constitution's Equal Protection Amendment. The parties reached a settlement wherein ChoicePoint will donate $75,000 to the NAACP and will reprocess the voter file on the plaintiffs' terms.

In August, 2002, the U.S. Commission on Civil Rights released a briefing summary regarding the progress of voting rights in Florida.