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Friday, May 3, 2024

Florida Democratic Party takes aim at state canvassing law

Lawsuits

MIAMI (Legal Newsline) - The Florida Democratic Party recently filed a lawsuit in federal court that says its free speech has been chilled by a recent law regarding voter canvassing.

The suit, filed Oct. 17 in Miami, takes aim at an amendment to state law passed earlier this year that makes it a felony for any person to "inspect ballot materials or observe canvassing" or "release any information about votes cast for or against any candidate... before the closing of the polls in that county."

Volunteers who are sent to county canvassing boards are thus unfairly threatened with criminal penalties, the FDC says.

"These reports are integral to the prevention of wrongful voter disenfranchisement and to ensure that elections are run freely, fairly and in accordance with law," the suit says.

The FDC says it unclear what "release" means in the amendment, rendering it vague and overbroad.

"Moreover, a political campaign seeking to file a lawsuit for redress against a county canvassing board for misapplication of the voter intent standards - relatively routine and appropriate election-related activity, could face similar prosecution for simply advocating for the proper application of the law," the suit says.

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