Third Party Voter Registration in Florida

August 28, 2006: Florida’s new voter registration law, which severely limited third party voter registration, is declared unconstitutional in a victory for voting rights advocates. We applaud today’s decision by U.S. District Judge Patricia Seitz in helping to secure access to democracy for voters in Florida.

In 2005, Florida passed a bill that imposes strict restrictions on individuals and organizations participating and facilitating voter registration drives.[1] This new law requires third party registration organizations to register with the state by providing the state with its “named agent” as well as the names of its “entity’s board of directors, president, vice president, managing partner, or such other individuals engaged in similar duties or functions.” F.L.A. Stat. § 97.0575(1). The registration organization must also submit a report detailing the dates and locations of all voter registration drives conducted during that period. Id. This report must be submitted to the state “[O]n or before the 15^th day after the end of each calendar quarter . . .” Id. Despite this rigid requirement, organizations that fail to submit such reports are explicitly exempt from facing civil or criminal penalties for this failure, and such failure will not be a reason to deny the organization copies of registration applications. F.L.A. Stat. §97.0575(2).

The Florida law also establishes a fiduciary relationship between the voter registration organization and the voter by requiring that “any voter registration application entrusted to the third-party voter registration organization, irrespective of party affiliation, race, ethnicity, or gender shall be promptly delivered to the division or the supervisor of elections.” F.L.A. Stat. § 97.0575(3)(emphasis added). If registration applications are not submitted to the state, then the registered agent and the individuals “responsible for the day-to-day operation of the third-party voter registration organization . . . shall be personally, jointly, and severally liable.” F.L.A. Stat. § 97.0575(3). For instance, applications received by the state more than ten days after the third party received the complete application will result in a $250 fine per application. F.L.A. Stat. § 97.0575(3)(a). Also, applications collected by the third party before the book closing deadline and received by the state after the book closing deadline will result in a $500 fine per application. F.L.A. Stat. § 97.0575(3)(b). Additionally, applications collected by a third party and never submitted to the state will result in a $5,000 fine per application. F.L.A. Stat.§ 97.0575(3)(a). [2] Florida offers some reprieve from these fines by allowing the fines to be “reduced by three-fourths in cases where the third-party voter registration organization has complied with subsection (1).” Id.

The Florida law also provides for a catch-all investigatory and penalty clause that allows the division to “. . . investigate any violation of this section. Civil fines shall be assessed by the division and enforced through any appropriate legal proceedings.” F.L.A. Stat. §97.0575(4)(b).

In addition to creating these restrictions on third party registration organizations, the Florida legislature also enacted the Voter Protection Act to impose criminal penalties for voter intimidation and voter suppression. Specifically, the Act affects third parties because it provides that persons who “knowingly . . . obstruct or delay the delivery of a voter registration form or election ballot” are guilty of felony in the third degree. F.L.A. Stat. § 104.0615(4); (5) (emphasis added).

Prior to the passage of this ’05 bill, Florida did not regulate third party registration. The statute does not include an “intent” requirement for individuals and organizations who fail to return registration applications in a timely manner.