[Tallahassee, FL] The Florida Supreme Court struck down a legislative redistricting plan to redraw the boundaries for the state Senate in a landmark ruling Friday, roiling the final day of the 2012 session and ensuring that lawmakers would return to the Capitol at least once.

The 5-2 ruling by the court, which also upheld a new House map, was closely watched because it was the first time the justices had to interpret the meaning of the anti-gerrymandering Fair Districts standards adopted by voters in a 2010 referendum.

Under the constitution, Gov. Rick Scott must call a special session. However, the governor’s legal team was scrambling to interpret a vague clause of the constitution that either requires Scott to issue the call for a special session within five days or have the Legislature return to Tallahassee within five days.

In its ruling, the majority swept aside concerns that its 30-day review of the redistricting plans did not provide enough time to consider the merits of the maps. The errors in the Senate maps were so glaring that justices did not need to gather extensive evidence and hear testimony to make the decision, Justice Barbara Pariente wrote for the majority.

“We conclude that the Senate plan is rife with objective indicators of improper intent which, when considered in isolation do not amount to improper intent, but when viewed cumulatively demonstrate a clear pattern,” Pariente wrote.

She said the Senate map included “a number of districts that are clearly less compact than other districts, with visually bizarre and unusual shapes.”

Lawyers for the state had argued that the month-long review was too short for a thorough vetting of the maps and that a trial judge should be allowed to consider any specific claims.

Photo: League of Women Voters of Florida

League of Women Voters of Florida President Deirdre Macnab Opposes Current Redistricting Maps

In a concurring opinion, Justice James Perry brushed those claims aside.

“As recognized by the majority, the citizens of Florida have entrusted us to interpret and apply these constitutional standards,” Perry wrote. “We cannot simply be a rubber stamp for the Legislature‘s interpretation of the constitution.”

But Chief Justice Charles Canady said that put the court in unfamiliar territory and undermined the judiciary’s tradition of deference to the Legislature.

“Based on nothing more than suspicion and surmise, the majority concludes that certain district lines were drawn with improper intent – when there is an evident, rational, permissible basis for the drawing of those lines,” Canady wrote.

The court specifically threw out 8 of the 40 Senate districts. The majority also ordered senators to renumber districts and consider whether Lakeland could be united in one district; the proposed plan had split the city in two.

Voting-rights organizations that were active in the challenge hailed the decision.

“From this day forward our elected officials are on notice that they cannot ignore the Constitution and abuse the public trust by drawing districts to favor themselves,” said Deirdre Macnab, president of the League of Women Voters of Florida, part of a coalition of voting groups that opposed the maps.

Republicans in the House also found reason to enjoy the decision.

“We followed the law and respected the will of the voters, and today the House Democrats’ claims and the attacks of outside partisan groups about the House map have been completely and utterly discredited by the Supreme Court of Florida,” said House Majority Leader Carlos Lopez-Cantera (R-113/Miami).

Senate Democrats said, essentially, that they told the GOP what would happen – even though a number of Democrats supported the redistricting plan.

Photo: FL House

House Majority Leader Carlos Lopez-Cantera

“The Supreme Court saw the same troubling issues of discrimination and favoritism as the Senate Democrats who voted against these maps, and which go against every fiber of the Constitution’s new anti-gerrymandering amendments overwhelmingly passed by the majority of Florida’s voters,” said Senate Minority Leader Nan Rich (D-34/Weston).

Republican leaders tried to frame the redistricting results as positively as possible.

“Four out of five districts were approved. … They had some specific areas they’d like us to look at, and we’re happy to do so and work with the courts,” said Senate President Mike Haridopolos (R-26/Merritt Island).

But the eight districts in question are spread throughout the state, raising questions about whether anything less than a far-reaching overhaul would make the map constitutional.

However extensive the review, Senate Reapportionment Chairman Don Gaetz (R-4/Niceville) made it clear he expected the House to hold to an earlier “gentlemen’s agreement” that each chamber be allowed to draw its own maps.

“I’m grateful that the Governor, President and Speaker are working together to schedule an extraordinary session so the Senate can draw districts in accordance with the parameters set by the Supreme Court’s opinion,” Gaetz said in a statement.

By: Brandon Larrabee/The News Service of Florida

Image: House Redistricting Committee Chair Will Weatherford, left, who is the  and also Speaker-designate, listens along with Subcommittee members; Rep. Richard Corcoran, center; and Rep. Betty Reed, right; as they view amendment proposals for the House redistricting plan Monday, Jan. 9, 2012. (photo: FL House/Mark Foley)

redistricting

[Tallahassee, FL] The Florida Supreme Court hears oral arguments today in what could be a landmark redistricting case, after a series of shifting coalitions triggered a week and half of topsy-turvy decisions.

Justices are preparing to hear a redistricting case for the first time since voters adopted the anti-gerrymandering Fair Districts amendments in November 2010.

So far, the court has seemed divided on when and whether to accept motions beyond an initial filing deadline – and how deep the justices have to pore over the result of the once-a-decade process.

Even legislators say they’re not sure how the court will rule, given the fluid majorities that have decided most of the orders handed down by the justices.

“I think it signifies that, hey, they … are wrestling with new language – never been tested, never been litigated,” said House Speaker Dean Cannon (R-35/Winter Park).

The latest sign of the scrambled majorities came on an attempt by Democrats to file a revised affidavit Tuesday for a redistricting expert, a move justices rejected on a 4-3 vote.

The affidavit would have painted a far less flattering portrait of the Legislature’s plans, with the expert seeming to deflate claims that large numbers of incumbents would square off against each other under the House plan.

According to the expert, Harvard professor Stephen Ansolabehere, 110 of the incumbents currently serving in the House could run for re-election without facing another sitting lawmaker.

“Of these legislators 33 are Democrats and 77 are Republicans,” Ansolabehere said in the affidavit. “This division clearly treats Democrats and Republicans differently.”

Photo: FL House

House Speaker Dean Cannon: the Supremes are “wrestling” with new redistricting language

Lawyers for Florida Attorney General Pam Bondi and the House and Senate assailed the new affidavit and, by extension, said the numerous corrections in it proved the initial one filed for Ansolabehere was flawed.

The House pointed out in a brief calling for the court to reject the filing that press reports said 38 members would face another incumbent and that the affidavit appears to ignore the fact that term limits will force several lawmakers from office.

“Even if the factual assertions were accurate, fundamental fairness dictates against the submission of new, untested factual data before this Court less than twenty-four hours before oral argument,” the House said.

Democrats said they weren’t fazed by the ruling.

“We attempted to provide the court with the most up to date information, but bottom line nothing has changed: the maps passed by the GOP-controlled Legislature represent the partisan gerrymandering and incumbent protection that 63% of Floridians overwhelmingly rejected when they passed the Fair District Amendments,” said David Bergstein, a spokesman for the Florida Democratic Party.

Overall, the rulings do appear to provide something of the lay of the land on the court. Chief Justice Charles Canady and Justice Rick Polston have stuck together and seem to favor the Legislature’s argument that the review should be narrow.

Justices Barbara Pariente, Peggy Quince and Jorge Labarga have ruled largely in favor of those challenging the maps.

The swing votes have often proven to be Justices Fred Lewis and James Perry, who could essentially decide whether the court accepts the maps, rejects them out of hand or allows another court to take a look first.

By: Brandon Larrabee/The News Service of Florida

Image:

redistricting

[Orlando, FL] President Obama is officially in campaign mode now.

Even though he is not sure who he will face in the general election in November, Obama is already shoring up money for his re-election bid. And on Thursday, the President will be in Orlando to attend a private party fundraiser which reportedly cost $30,000 per ticket.

No telling how much Ticketmaster service fees will add to the cost (note: tickets are not really available via Ticketmaster).

And in case you are wavering on going because that $30k would dip too far into your food budget for the day, yes, dinner is included in the admission price.

Is it a coincidence that Obama, a huge basketball fan, is coming to town just before the run of the NBA All-Star Game events are set to begin in Orlando (Feb. 24-26)? The game itself is on Sunday, so he won’t be hitting that, but who knows.

The party for President Obama is taking place at 8 p.m. at former Orlando Magic player Vince Carter’s house (he’s still in the NBA playing for the Dallas Mavericks).It will be a great opportunity for the President to pick up support from current NBA players and former legends, who will already be in town for the All-Stars.

Last time through, Obama dined at attorney John Morgan’s house for a similar affair for high-rolling donors.

“Orlando loves the President,” said Morgan, when asked by Sunshine Slate about Obama’s big-ticket return to Orlando. “We raised $1.1 [million] at my home and we are on track to have a big night Thursday. … These are record numbers for a Democrat.”

Morgan is glad to see the President being aggressive in terms of fundraising and exposure.

“The I-4 corridor is where Florida will be decided, so this is very encouraging,” he said.

By: Mark Christopher/Sunshine Slate

Image: aflcio

President Obama

[Tallahassee, FL] Watch for a big battle in the next few months while Leon County Supervisor of Elections Ion Sancho and others take on the Florida Legislature and the new voter and election laws passed this year.

If you have been watching the trends, there is a big power-play now under way in Republican-controlled state houses to amend the voting laws that would favor their candidates.

Republicans in Florida say all they are trying to do is tighten up against voter fraud, while Democrats say all the Republicans are trying to do is disenfranchise thousands of minorities from voting for their candidates.

Not only do the new laws hamper Democrats, it also hampers other minority parties, such as The Tea Party or The Green Party, from getting their candidates on the ballot, and hampers those parties from signing up new voters.

What’s happening is that these new laws now require photo ID at the polls when voting. They also limit the number of days of early voting from 14 to 8. Of special significance, is doing away with Sunday voting the day before the election, a traditional day when blacks went to church and then afterwards cast their ballots.

No More.

Leon County Supervisor of Elections Ion Sancho

It also extends the time candidates for political office have to know almost a year in advance if they plan to be on the ballot.

Along with Florida, these new rules have now been adopted in 15 states, among them Wisconsin, Texas, Kansas, South Carolina, Maine, Virginia, Utah, to name a few. Ohio and Pennsylvania have the laws in their hoppers.

Florida State Representative Dennis K. Baxley (R-Ocala), who wrote the law to tighten third-party registration, said “Over the last 20 years, we have seen Florida grow quite rapidly, and we have such a mix of populations. When we fail to protect every ballot, we disenfranchise people who participate legitimately.”

Democrats claim voter fraud has not been a problem.

In the voting booth of 2012, Sancho says the new laws are false and deceitful, and predicts it will be a disaster.  With voters having to show a photo ID, and thousands showing up who do not have one, and early voting days diminished, he expects long lines at the polls running hours past closing time.

It is predicted that a lot of voters are going to be surprised when they go to the polls in 2012 and find the rules have changes.

Sancho is a highly recognized Supervisor of Elections. He frequently speaks before legislative and congressional committees on voting laws. He is a registered Independent and has been in office since 1988.

“People will do anything to manipulate laws to be sure they win,” he recently told the Leon County Democratic Committee, explaining the new voter laws.

Sancho says these new laws could be unconstitutional, and also as a lawyer, he plans to bring lawsuits to have it settled in court. Also making a legal challenge is the American Civil Liberties Union.

U.S. Sen. Bill Nelson, a Democrat up for re-election in 2012, appeared in September before the Senate Judiciary Sub Committee on the Constitution, Civil Rights and Human Rights. Nelson said the rules a re-designed as a ploy to suppress participation by Democratic voters, particularly minorities.

The most prevalent form of photo ID is the driver’s license. Yet, thousands of minorities and poor people, who traditionally vote Democratic, do not have driver’s licenses or any form of photo ID. Other forms of  ID would include a passport, employee ID from a city, county or state, or a military ID

Sancho believes that a constitutional amendment would cure all these issues which would state that all people have the right to vote for president and vice president, and that all votes shall count.

“Voters votes should count,” Sancho said, “no matter who is in office. Voting is a fundamental constitutional right,” he said.

By: Jim Smith

Jim Smith writes commentary columns from his base in Tallahassee. He is a retired newspaper executive, having held reporting and executive positions with the Orlando Sentinel, Lakeland Ledger and Grand Junction Colorado Daily Sentinel.

Images: Dennis Baxley’s Facebook page, Ion Sancho via Leon County Supervisor of Elections, lead image: Theresa Thompson (via Flickr)

[Orlando, FL] Could it be that Charlie Crist will run for governor again? But this time as a Democrat?

Rumors are certainly circulating, enough so that the speculators were speculating about Charlie’s future plans on a local political radio talk show. Charlie would be formidable opponent to current Gov. Rick Scott who – despite recent gains – is still suffering from sub-40 approval numbers.

At this point, Scott appears beatable, especially from a would-be candidate like Crist who has appeal on both sides of the aisle.

But Crist already has a job. Earlier this year, Crist joined the as-seen-on-TV law firm of Morgan & Morgan, headed up by well-known Democratic wine-and-diner John Morgan.

When contacted for this story, Morgan wisely wouldn’t confirm nor deny the Crist rumor.

Morgan thinks that there is reason why Crist’s name is popping up again so soon.

“His love for the state and her people was felt by them and I think they miss him and his compassion,” Morgan offered.

Crist served as Florida’s governor from 2003-2007. His centrist leanings made him quite popular with Independents and many Democrats. Hardcore Republicans all but abandoned Crist near the end after a widely circulated photo showed Crist cordially embracing a visiting Barack Obama.

The photo may have been the death blow to his chances in the Republican primary for the Senate seat now held by Rubio.

After leaving the Governor’s Mansion, Crist decided to run for Senate (eventually) as an independent, having to leave the Republican party and ticket after losing to Marco Rubio in the primary.

During the run-up to the 2008 presidential election, Crist was seen as a possible running mate for Republican presidential nominee John McCain.

By: Mark Christopher/Sunshine Slate

Image: official portrait

Democrats, the ACLU, U.S. Sen. Bill Nelson, and various voter registration groups are up in arms over a just-signed bill (CS/CS/HB 1355) that severely overhauls Florida’s election laws., in addition to making it legally tricky for groups to sign up would-be voters. It also shortens the early voting cycle to eight days (down from 14). Absentee voting remains unchanged.

Already, Nelson has officially requested that the Justice Department look into the matter.

Scott and the GOP Lawmakers – who control both the state’s House and the Senate – say the new law will eliminate voter fraud. That assertion is absurd, according to the bill’s many opponents.

Uncharacteristically, Scott did not release a statement to accompany the law’s signing, perhaps because the legislation will need to be reviwed at the federal level (by the Justice Dept., within 60 days) because five Florida counties are closely monitored due to the Voting Rights Act.

Already effected by the new law is Miami-Dade County. Elections officials there have had to cancel plans for early voting in next week’s county-wide mayor’s race. And The League of Women Voters has halted voter registration efforts out of fear of putting volunteers in legal jeopardy or face possible fines for simply signing up people eager to participate in elections.

Challenges Await

The League, along with the American Civil Liberties Union, is looking at challenging the new law in court.

In a tersely worded statement released today, the ACLU’s Howard Simon described the new laws as “grotesquely un-American” and “astonishing voter suppression.”

“With just one bill, they made it harder to register to vote, harder to cast your vote, and harder to have your vote counted,” Simon was quoted as saying.

Such critics point out that the law is really designed to disenfranchise those who traditionally vote for Democrats, including African-Americans, other people of color and college students. Voters who end up trying to make an address change on Election Day – a common practice for those focused on their studies, and the poor who move frequently – would have several new hurdles to clear before their votes are counted. They must now prove that they exist to the satisfaction of the state.

Long-form birth certificates, anyone?

Volunteers who seek out new voters or those needing to change their registration will also now have additional paperwork to file. And if they don’t turn their forms in within 48 hours, they face a $50 fine. And that’s for each form. That could add up to a huge liability for someone turning in hundreds or even thousands of registration forms.

Fraud Is The Word

It’s all under the guise of battling voter fraud, which is real and measurable, according to Republicans, who site sometimes dramatic examples of fraud.

Deirdre Macnab of The League of Women Voters isn’t buying it. In an sharp critique of the law before it was signed, Macnab posted a lengthy blog entry, calling out state Republicans for using the voter fraud issue as justification for the new laws. Macnab, who represents an agency that has signed up voters in the state for more than 70 years, described the issue of voter fraud as  a “red herring” meant to distract from what is really taking shape.

“Our own Secretary of State has reported that zero instances of fraud were reported to him during the most recent election cycle,” wrote Macnab, who also pointed out that the state has spent 10 years and $30 million dollars on a computer database that ensures election integrity. “We cannot and will not place our thousands of volunteers at risk … one late form could result in their facing financial and civil penalties.”

Republicans say the new laws will keep Mickey Mouse from voting, referring to an often cited example of someone trying to register Disney’s flagship character to vote (the form was submitted, but the mouse never actually made it into the system).

Macnab described the new requirements as, “so cumbersome that our volunteers would need to look for paid staffing and attorneys to decipher and keep track of the new red tape.”

Rep. Dennis Baxley (R-Ocala), the bill’s sponsor, doesn’t agree.

“This is our effort to tighten up and provide an election process that is dependable, reliable and accurate,” said Representative Baxley. “Your vote is very important. We want to make sure that your vote is tabulated correctly and with the utmost integrity. Election Day is not a voter registration event, it is a voting event.”

Now we wait for the feds to weigh-in on this contentious new law freshly inked by Gov. Scott.

Also See:

PAUL LUX: Florida’s new voting law and what it means I likened some of the changes in election law made by HB 1355 to a five-ring circus, and focused on issues that I felt voters needed to better understand: early voting, address changes on election day, third-party voter registration organizations, …

Elections Dominate: Florida Political Roundup On Thursday, Scott signed a controversial elections bill (HB 1355), which took effect immediately in all but five Florida counties that are subject to Department of Justice review based on their history of racial discrimination. …

Jessica Lowe-Minor: Why make it harder to vote? During the debate on HB 1355, Rep. Erik Fresen, R-Miami, defended the measure, which will inarguably make it more difficult for eligible citizens to register and cast a ballot, by saying that our current system “coddles” voters. Sen. …

Controversial voter law may not affect Highlands HB 1355 shortens the time to 10 days before the election. Previously, early voting wasn’t allowed on Sunday; HB 1355 allows voting on one Sunday during that period. “Miami and those metro counties didn’t want to see the reduction,” Campbell said. …

Weekly Roundup: Elections Dominate On Thursday, Scott signed a controversial elections bill (HB 1355), which took effect immediately in all but five Florida counties that are subject to Department of Justice review based on their history of racial discrimination. …