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Brennan Center for Justice
For Immediate Release: October 12, 2016
Contact: Rebecca Autrey

Federal Judge Extends Florida Voter Registration Deadline

Move Comes After Lawsuit from Voting Advocacy Groups

A federal judge in Tallahassee today extended Florida’s voter registration deadline to October 18 after voting advocacy groups filed a lawsuit arguing more than 100,000 voters could be disenfranchised because of disruptions caused by Hurricane Matthew.

The League of Women Voters of Florida, along with counsel from the Brennan Center for Justice at NYU School of Law and pro bono counsel Paul, Weiss, Rifkind, Wharton & Garrison, LLP, released the following statements after the decision:

“We’ll now be able to make up for lost time and help register people whose lives were disrupted by the storm,” said Pamela Goodman, president of the League of Women Voters of Florida. “Our goal is to help every Floridian register, vote, and be heard, and we’re grateful that the storm did not silence their voices.”

“Federal law requires the state to provide voters with enough time to register before the election,” said Myrna Pérez, deputy director of the Brennan Center’s Democracy Program. “With this extension, more citizens will be able to exercise their most fundamental right in our democracy.”

“We know there are Floridians who intended to register but could not because the infrastructure that’s needed to do so was shut down in the storm,” said Robert A. Atkins, a partner at Paul, Weiss, Rifkind, Wharton & Garrison LLP, representing the plaintiffs, and co-chair of the Center’s Board of Directors. “This expanded window allows them to have a say on November 8.”

The Florida League argued in the suit that more time is necessary to ensure Floridians have sufficient time to register, as required by federal law, and to ensure that the organization can accomplish its mission of helping as many citizens as possible be heard this November. Half of the group’s chapters in the state had to cancel registration drives because of the storm, including in four of the five most populous counties in the state.

In past presidential elections, up to 20 percent of all new registrations received in Florida during an election year occurred in the week before the registration deadline. In 2012, more than 150,000 Floridians registered to vote in the nine days leading up to the state deadline. Federal law also requires Florida to give voters no less than 30 days before Election Day to obtain and submit a valid voter registration form. But the government agencies needed to facilitate successful registrations were disrupted by the storm. State and county offices in 43 counties were closed. Post offices were also shut down, in addition to closures Monday in observance of Columbus Day.

Judge Mark Walker initially extended the deadline one day, to today, in response to a lawsuit filed by the Florida Democratic Party.

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Brennan Center for Justice
For Immediate Release: October 11, 2016
Contact: Rebecca Autrey

After Hurricane, League of Women Voters Asks Judge to Extend Florida’s Voter Registration Deadline

Lawsuit Argues More than 100,000 Could Be Disenfranchised

Florida’s voter registration deadline should be extended to prevent possible disenfranchisement from Hurricane Matthew, the League of Women Voters of Florida argued in a suit filed today.

The storm struck the Sunshine State Friday, four days before its October 11 voter registration deadline. Despite requests from the League and others, Governor Rick Scott said he would not extend the deadline. But on Monday a federal judge prohibited the state from enforcing the deadline and added one day in response to a lawsuit filed by the Florida Democratic Party.

There is a hearing at 10 a.m. ET on Wednesday, October 12 in federal court to determine whether to extend the deadline further.

The Florida League, represented by the Brennan Center for Justice at NYU School of Law and pro bono counsel Paul, Weiss, Rifkind, Wharton & Garrison, LLP, filed the suit today to argue more time is necessary to ensure Floridians have sufficient time to register, as required by federal law, and to ensure that the Florida League can accomplish its mission of helping as many citizens as possible sign up and make their voices heard this November. Half of the group’s local affiliates had to cancel registration drives because of the storm, including in Broward, Miami-Dade, Orange, and Palm Beach counties — four of the five most populous counties in the state.

“Our mission is to help every Floridian register, vote, and be heard, and the hurricane should not silence their voices,” said Pamela Goodman, president of the League of Women Voters of Florida. “Decades of experience tell us that the days leading up to the deadline — including the weekend — are the most crucial part of the registration calendar, and we have lost precious time. We need support now to ensure every citizen can have a say on November 8.”

In past presidential elections, up to 20 percent of all new registrations received in Florida during an election year occurred in the week before the registration deadline. In 2012, more than 150,000 Floridians registered to vote in the nine days leading up to the state deadline. Federal law requires Florida to give voters no less than 30 days before Election Day to obtain and submit a valid voter registration form. But the government agencies needed to facilitate successful registrations were disrupted by the storm. Scott ordered state and county offices in 43 counties to close. Post offices were also shut down late last week as needed, in addition to closures Monday in observance of Columbus Day.

“Floridians should not lose their opportunity to register to vote because of the disruptions from Hurricane Matthew,” said Myrna Pérez, deputy director of the Brennan Center’s Democracy Program. “Federal law requires the state to provide voters sufficient time to register in the period before the election.”

“We know that there are citizens who intended to register but could not because large swaths of the state needed to be shut down because of the storm,” said Robert A. Atkins, a partner at Paul, Weiss, Rifkind, Wharton & Garrison LLP, representing the plaintiffs, and chair of the Center’s Board of Directors. “Federal law protects the opportunity they lost when the storm suspended government services and disrupted so many communities.”

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Ed. Note: On October 10, in response to the Florida Democratic Party lawsuit [below], the U.S. District Court in Tallahassee issued a temporary restraining order extending the voter registration deadline to Wed. October 12.
Florida Democratic Party
Posted October 9, 2016

FDP Files Lawsuit to Extend Florida Voter Registration Deadline Due to Impact of Hurricane Matthew

Today, the Florida Democratic Party filed a lawsuit in the United States District Court for the Northern District of Florida against Governor Rick Scott and Secretary of State Ken Detzner concerning the devastating impact of Hurricane Matthew on Floridians who need to register to vote by the October 11 voter registration deadline.

To ensure that no citizen is disenfranchised because of the aftermath of Hurricane Matthew, which presented a daunting and life-threatening obstacle to registering to vote and inflicted substantial damage and loss of life, the lawsuit seeks a court order compelling Governor Rick Scott and Secretary of State Ken Detzner to extend the upcoming voter registration deadline by one week, until Tuesday, October 18. The lawsuit also asks the Court to order the Defendants to extend the deadline for Florida counties to submit early voting plans and extend the deadline for the designation of early voting sites and hours by one week, to October 16.  

Extending voter registration and voting opportunities in such times is not unprecedented. In 2012, Hurricane Sandy struck the mid-Atlantic coast just days before the general election. To preserve the rights of voters affected by Hurricane Sandy, the states of New Jersey, New York, and Connecticut postponed deadlines and took common-sense measures to prevent disenfranchisement. And, during this election cycle, South Carolina and Georgia have taken steps to address the effect of Hurricane Matthew on upcoming registration deadlines. South Carolina voluntarily extended its registration deadline to accommodate those affected by the storm and Georgia is encouraging residents to register online - an option that is unavailable in Florida. There is no conceivable reason why Florida should not follow suit. 

On Thursday, October 6, Governor Scott unambiguously ordered Florida citizens to “evacuate, evacuate, evacuate” the areas in Hurricane Matthew’s path. “There are no excuses. You need to leave,” he told Floridians. “This storm will kill you. Time is running out,” he added.  That very same day, the Governor refused to extend the voter registration deadline for the very citizens heeding his orders to evacuate—forcing voters to choose between their safety and their fundamental right to vote. Many elected officials, citizens, and organizations have called upon the Governor to extend Florida’s voter registration deadline. 

Because of Hurricane Matthew, many Floridians who would have registered to vote prior to the October 11 registration deadline have been displaced and therefore cannot register to vote. Moreover, many offices at which voters could register in person and U.S. Postal Offices where voters could submit registration applications have been closed, preventing Floridians in areas impacted by Hurricane Matthew from submitting their registration materials. As a result, enforcing the October 11 voter registration deadline disproportionately burdens the voting rights of Floridians in storm-affected areas. During a comparable period in 2012, leading up to the voter registration deadline preceding the general election, roughly 156,000 Floridians registered to vote in October before the deadline.  

Attached are the Complaint for Emergency Injunctive and Declaratory Relief against Governor Rick Scott and Secretary of State Ken Detzner, the Memorandum of Law in Support of Plaintiff's Emergency Motion for Temporary Restraining Order and Order to Show Cause, a Declaration of Marc Elias attesting to historical trends regarding 2012 pre-deadline registration in the state of Florida, and Exhibit A to the Elias Declaration.

Download: Complaint for Emergency Injunctive and Declaratory Relief against Governor Rick Scott and Secretary of State Ken Detzner
Download: Memorandum of Law in Support of Plaintiff's Emergency Motion for Temporary Restraining Order and Order to Show Cause
Download: Declaration of Marc Elias attesting to historical trends regarding 2012 pre-deadline registration in the state of Florida
Download: Exhibit A to the Elias Declaration
Florida Department of State
Monday, October 10, 2016

Secretary Detzner Shares Voter Registration Tips Ahead of October 11 Deadline

TALLAHASSEE – Secretary of State Ken Detzner released the following statement and shared the following voter registration tips ahead of tomorrow’s voter registration deadline. Individuals not already registered to vote in the State of Florida must submit a complete voter registration application by Tuesday, October 11, in order to participate in the General Election.

Florida Secretary of State Ken Detzner, said, “There is still time for Floridians to register to vote for the General Election. Floridians who have been impacted, or have had to evacuate, during Hurricane Matthew should know they have the option to fill out and/or submit their voter registration application at any Supervisor of Elections office or approved voter registration agency, even if it’s outside their county of residence. Voter registration applications sent by mail to any Supervisor of Elections office, voter registration agency, or the Division of Elections in Tallahassee will be accepted for the upcoming General Election as long as they are postmarked by October 11.

“Voters who are unsure of their registration status can visit YourVoteFlorida.com and find links to use the state’s Voter Information Lookup Tool or contact their local Supervisor of Elections office. Voters can also call the state’s main Voter Assistance Hotline at: 1.866.308.6739.”

Secretary Detzner is sharing the following tips with Floridians ahead of the upcoming October 11 deadline to register to vote for the General Election:

  • Fill out the Florida Voter Registration Application, which is available in both English and Spanish (English PDF/ Español PDF), on the Division of Elections' website. Print, sign and mail, or hand deliver, the application to a county Supervisor of Elections office, voter registration agency, or the Florida Division of Elections in Tallahassee. Voter registration applications sent by mail and post-marked by October 11 will be accepted.
  • Apply through any Florida driver's license office or tax collector's office that issues driver's licenses or Florida identification cards; any "voter registration agency" (i.e., any government entity designated by the National Voter Registration Act or state law who must allow you to apply to register, which includes libraries); any supervisor of elections office; or at the Division of Elections in Tallahassee.
  • An update to a voter’s signature for the General Election must be submitted no later than the start of the canvassing of vote-by-mail ballots (formerly absentee ballots*), which may start as early as October 24, 2016. Signatures on record are used to verify signatures on ballot certificates before counting provisional and vote-by-mail ballots.
According to Florida law, (Section 97.055, Florida Statutes), the deadline to register to vote (also referred to as “bookclosing”) to participate in an upcoming election is 29 days before the election. Florida voters may register to vote or update their registration at any time by notifying their local Supervisor of Elections. Additional information is available onYourVoteFlorida.com.

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About ‘Get Ready. Get Set. Vote!’
In 2016, the Department of State is leading an effort to help educate voters through its Get Ready. Get Set. Vote! campaign which provides key voting-related information and resources in one central location on YourVoteFlorida.com. The webpage will be updated to communicate key voter registration and voting information throughout the 2016 election cycle and is also available in a Spanish version.

About the Division of Elections
The Florida Department of State’s Division of Elections supports the Secretary of State, Florida’s Chief Election Officer, in ensuring that Florida has fair and accurate elections. The Division’s three bureaus; the Bureau of Election Records, Bureau of Voter Registration Services, and Bureau of Voting Systems Certification, have several responsibilities in the areas of legal compliance and elections administration to ensure that Florida’s election laws are uniformly interpreted and implemented. The Division also assists local Supervisors of Elections in their duties, and promotes enhanced public awareness and participation in the electoral process. For more information about Florida’s elections, visitdos.myflorida.com/elections/.
*Pursuant to Chapter 2016-37, Laws of Florida, beginning July 1, 2016 the term “Absentee Ballot” has changed to “Vote-by-Mail Ballot” in the State of Florida.