Last Thursday, the United States Department of Justice (DOJ) reached a new low in its efforts to prevent individual states from combating vote fraud. The state of Florida was ordered to halt its efforts to identify and purge its voter rolls of non-citizens. “Our records do not reflect that these changes affecting voting have been submitted to the United States District Court for the District of Columbia for judicial review or to the Attorney General for administrative review as required by Section 5 of the Voting Rights Act,” wrote T. Christian Herren Jr., the DOJ’s lead civil rights lawyer. “Accordingly, it is necessary that they either be brought before that court or submitted to the Attorney General for a determination that they neither have the purpose nor will have the effect of discriminating on account of race, color, or membership in a language minority group under Section 5.”
Florida is not backing down. Despite being given until Wednesday to decide whether or not to comply with the DOJ’s order, it took state officials only one day to reach a decision. “We have an obligation to make sure the voter rolls are accurate and we are going to continue forward and do everything that we can legally do to make sure than ineligible voters cannot vote,” said Chris Cate, a spokesman for Florida Secretary of State Ken Detzner on Friday. “We are firmly committed to doing the right thing and preventing ineligible voters from being able to cast a ballot. We are not going to give up our efforts to make sure the voter rolls are accurate.”
Section 5 of the Voting Rights Act requires the DOJ or or a three-judge panel of the United States District Court for the District of Columbia to “preclear” changes in “any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting different from that in force or effect on November 1, 1964,” in order to prevent “denying or abridging the right to vote on account of race or color.” Florida is one of a handful of states, predominantly in the South, covered by Section 5, due to its historical efforts to suppress minority voting. Critics contend Section 5 continues to stigmatize states that have long abandoned tactics such as requiring non-white voters to pay a poll tax or pass a literacy test. The Act contains a bailout provision for states that can demonstrate a record of good behavior, yet many counties within those states consider the cost of doing so prohibitive.
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