Florida Voting Law May Disenfranchise Thousands

The Brennan Center for Justice and Advancement Project. Posted September 12, 2008.

Voting rights advocates are alarmed over the Florida Secretary of State's September 8th decision to enforce the state's "no-match, no-vote" law, a voter registration law that previously blocked more than 16,000 eligible Florida citizens from registering to vote, through no fault of their own, and could disenfranchise tens of thousands more voters in November.

Secretary of State Kurt Browning's last-minute decision to implement the law in the final month before the registration deadline will post a significant hurdle to eligible Florida citizens hoping to vote in November. It will disenfranchise voters who do not send or bring a photocopy of their driver's license to county election officials' offices after voting, even though these voters will have shown their driver's licenses when they went to vote at the polls.

"This 11th-hour decision is an ill-advised move to apply a policy the state has never enforced in its current form, at a time when registration activity is at its highest," stated Beverlye Neal, director of the Florida State Conference of the NAACP, a plaintiff in a lawsuit that challenges Florida's matching law. "The Secretary's decision will put thousands of real Florida citizens at risk due to bureaucratic typos that under the 'no-match, no-vote' law will prevent them from voting this November," said Alvaro Fernandez of the Southwest Voter Registration and Education Project, another plaintiff in the case.

"Voters who do everything right, who submit forms that are complete, timely, and accurate, will suddenly find themselves unregistered when they go to vote, just because someone somewhere punched the wrong letter on a keyboard," said Myrna Pérez, counsel at the Brennan Center for Justice. "The no match, no vote policy is unjust and unnecessary, and Florida voters will pay the price this fall," stated Jean-Robert Lafortune, president of the Haitian-American Grassroots Coalition, another plaintiff in the lawsuit.

The law at issue bars any Florida citizen from voting a valid ballot if the state cannot validate their driver's license number or the last 4 digits of their Social Security number, no matter how much identification the voter is able to bring to the polls. The process starts with an attempt to "match" voter information to other government databases, an error-prone exercise that often fails. For example, the Social Security Administration reports that 46% failure rate when trying to match voter registration applications. State officials admitted in a recent challenge to the law, Florida NAACP v. Browning, that typographical errors by election workers are responsible for most of the failures.

If the state fails to match the voter registration records, many eligible voters who submit registration applications before the October 6th deadline to register may not be notified of the matching failure until they go in person to vote. There, they will be forced to cast provisional ballots, and that provisional ballot will only be counted if the voter submits a photocopy of his or her driver's license or Social Security card within 48 hours after the election, even if they already showed their driver's license at the polls.

"The most senseless part is that the state creates these errors, and then makes it unnecessarily hard to fix the problem," said Myrna Pérez of the Brennan Center. "If the state insists on enforcing this misguided matching provision, it should at least make it possible for voters to show their driver's license at the poll and validate their registration then and there. To have registered, brought your ID to the polls, and still be told you can't vote -- all because of a bureaucratic error -- is ridiculous."

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Advancement Project and The Brennan Center for Justice at NYU Law School are public interest law firms specializing in election law and voting rights.

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