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CNN sues state over list of felons barred from voting
By JIM SAUNDERS
Staff Writer
News-Journal Online
News-Journalonline.com
Last update: 03 June 2004

TALLAHASSEE -- Arguing the case involves "enormous public interest,"
Cable News Network has filed a lawsuit seeking to force Florida to
release a list of 47,000 possible felons who could be barred from
voting this fall.

The television network -- which will be joined in the lawsuit by the
Tallahassee-based First Amendment Foundation --challenges the
constitutionality of part of a 2001 election-reform law that prevents
the public and news media from getting copies of the list.

The lawsuit argues, in part, the list should be available to help
avoid a replay of the 2000 presidential election when some voters
said they were mistakenly turned away from the polls.

Democrats contend those voters could have helped Al Gore beat
Republican George W. Bush in what turned out to be a 537-vote victory
in Florida for Bush.

"There's been a severe crisis in public confidence, and the division
(of elections) and the state need to do everything they can to ensure
the public that we won't repeat the mistakes of election 2000," said
Barbara Petersen, president of the First Amendment Foundation.

The lawsuit stems from a list of 47,000 registered voters --
including about 1,900 in Volusia and Flagler counties -- who the
state suspects might be felons. State law bars felons from voting
unless they go through a process to get their rights restored.

Local supervisors of elections will use the list in the coming weeks
to try to determine whether voters should be prevented from casting
ballots.

CNN and the First Amendment Foundation filed requests under the
state's public-records law to get copies of the list. But the state
Division of Elections argues the 2001 law only allows governmental
agencies, candidates, political committees, political parties and
officeholders to have copies.

Jenny Nash, a spokeswoman for the Division of Elections, said the law
allows members of the public and news media to look at the list, but
they can't get copies -- or take notes or make recordings.

"It is very clear as to who can extract that information," Nash said.

Deanie Lowe, the Volusia County supervisor of elections, said the
state's position mirrors a longstanding law that has prevented the
public from getting voter-registration lists. She said that law is
intended to prevent the commercial use of voter-registration
information.

But CNN and the First Amendment Foundation argue the state is
violating part of the Florida Constitution that requires public
access to records.

What's more, they say the public and news media should be able to
closely examine the list to help make sure voters aren't mistakenly
considered felons and prevented from voting. Democratic leaders say
mistakes could disproportionately prevent minorities from voting.

"There is an enormous public interest in scrutinizing the potential
disenfranchisement of such a large pool of citizens in what portends
to be a closely contested presidential race," the lawsuit says.

Sen. Bill Posey, a Rockledge Republican who played a key role in
writing the massive election-reform law, said the public-records
issue drew little attention. Posey said he thinks CNN raises good
points about making the list available.

"Quite frankly, their argument has merit," Posey said. "I hate to
admit it, but it has merit."

CNN filed the lawsuit Friday in Leon County, and Petersen said her
group will join the case next week. A Leon County circuit judge has
scheduled a hearing next Wednesday.

The lawsuit seeks an injunction that would force the state to make
the records available.

"CNN's view is that time is of the essence," said Gregg Thomas, a
lawyer for the network. "Because we not only have an election but we
have a presidential election and we're at war."

[EMAIL PROTECTED]

*****

Wed, May. 26, 2004

Many voters not yet back on rolls
BY GARY FINEOUT
Miami Herald

TALLAHASSEE - With less than six months to go before the presidential
election, thousands of Florida voters who may have been improperly
removed from the voter rolls in 2000 have yet to have their
eligibility restored.

Records obtained by The Herald show that just 33 of 67 counties have
responded to a request by state election officials to check whether
or not nearly 20,000 voters should be reinstated as required under a
legal settlement reached between the state, the NAACP and other
groups nearly two years ago.

Some of the counties that have failed to respond to the state include
many of Florida's largest, including Broward, Miami-Dade, Orange and
Palm Beach.

Those counties that have responded told the state that they have
restored 679 voters to the rolls so far -- more than enough to have
tipped the balance of the 2000 election had they voted for Al Gore.
President Bush won Florida and the presidency by 537 votes.

The fact that many counties have yet to add voters back to the rolls
comes at the same time that election supervisors across Florida are
being asked to look at purging more than 47,000 voters that the state
has identified as possible felons who are ineligible to vote under
state law.

NO DEADLINE

But state election officials say there is no deadline for when
counties must reinstate voters who may have been wrongly removed four
years ago. That upsets some of the groups that sued the state over
its 1999 and 2000 purge lists.

''It's scandalous that the state has not simply undone the error that
was done in 2000,'' said Howard Simon, executive director of the
American Civil Liberties Union of Florida. ``It calls into question
this and so many other issues and makes you wonder, how much has
really changed four years after the 2000 election?''

But state officials say the ultimate decisions whether to restore or
remove a voter are left to each county elections supervisor.

''The supervisors of elections have duties under the law to do list
maintenance -- which includes the removal of felons, duplicates and
those who have died -- from voter rolls,'' said Marielba Torres,
assistant general counsel for the state elections division. ``We
provide a tool. They need to verify it from the sources they have.
They have the legal duty to do it.''

ACCURACY QUESTIONED

Prior to the contested 2000 election, then-Secretary of State
Katherine Harris hired an Atlanta company to develop lists of felons,
deceased people and those with duplicate registrations to distribute
to county supervisors.

But the accuracy of lists distributed in both 1999 and 2000 came
under fire from some supervisors who ignored them, saying they were
riddled with errors. Other counties used the lists without verifying
their accuracy. Those lists included the names of voters who had been
convicted of felonies in other states, some of which automatically
restore voting rights to convicts after they are released from
prison. Florida requires felons convicted in the state to apply to
have their civil rights restored.

The National Association for the Advancement of Colored People and
several other civil rights groups sued the state and a handful of
counties in 2001. In a settlement in September 2002, the state agreed
to hand out a new list of ''false positives'' -- voters who were
included on the 1999 and 2000 lists but would not show up under more
stringent matching criteria. One of those new criteria includes
relying on Florida conviction data only, instead of relying on arrest
records from other states.

A year after the settlement, elections division Director Ed Kast
mailed out instructions to the state's 67 county supervisors and a
list that included more than 12,000 voters initially identified in
1999 and 2000 as felons and an additional 7,500 listed as duplicate
voters.

ABOUT HALF REPORTED

Since Sept. 30, however, just 33 counties have checked the list and
reported their findings to the state. Most of the counties are from
North and Central Florida.

One county -- Leon, home of the state capital -- sent in its list on
Friday after a reporter's inquiry. Leon officials said they had not
filed it immediately because they did not use the flawed lists from
1999 and 2000.

''To make us go back and research whether someone should be restored
was moot,'' said Janet Olin, assistant supervisor of elections for
Leon.

Representatives from Broward and Miami-Dade elections offices could
not say why they have not responded to the state.

''It doesn't ring a bell with me. This is the first I'm hearing of
it,'' said Miami-Dade Elections Supervisor Constance Kaplan, who said
she routinely hands over voter-registration issues to her staff.

Broward Deputy Supervisor of Elections Gisela Salas also was unaware
of the state request.

Miami-Dade County may not have any voters that it needs to restore,
since it and a handful of other counties, such as Volusia, were part
of the initial lawsuit the NAACP filed against the state and were
required to independently look at restoring voters.

In April 2003 Miami-Dade Assistant County Attorney Susan Torres wrote
to the ACLU and said that 107 voters had been restored to the rolls.

Likewise, Volusia County Supervisor of Elections Deanie Lowe wrote in
January that her county had already screened the ''false positives''
list and had restored voters.

One county that was part of the initial NAACP lawsuit, Hillsborough,
wound up restoring 579 voters, most of whom had been identified
initially as felons.

''I came in with a blank slate,'' said Buddy Johnson, who was
appointed Hillsborough supervisor of elections in 2003 by Gov. Jeb
Bush. ``We took every single individual on a case-by-case basis. We
would be as fair as humanly possible, as accurate as possible.''

TIME RUNNING OUT

The question that remains for those 34 counties that have yet to
report back to the state is whether they will have the time to
restore voters prior to the 2004 election. County elections offices
are already gearing up for the elections, as well as processing
amendment-petition signatures that take time to verify.

FELONS FIRESTORM

And earlier this month, state election officials added another job:
the possible purging of more than 47,000 voters that state officials
have listed on a statewide central voter database as felons who
shouldn't be allowed to vote. Of those identified, nearly a third, or
15,500, are registered in three South Florida counties: Broward,
Miami-Dade and Palm Beach.

This latest list has created a firestorm, especially from the ACLU's
Simon, who has pleaded with county supervisors to request independent
verification before jettisoning any voters from their lists.

Simon has cited a past state elections division memo that pointed out
that the data compiled by the state -- which relies primarily on
conviction information from the Florida Department of Law
Enforcement -- may have mistakes.

Leon County's Olin says her elections office has already found errors
in this latest state list.

DEBATE WIDENS

The Florida Democratic Party has jumped into the fray as well,
requesting documents from the state, including the names and
addresses of those ruled potentially ineligible to vote.

The controversy has grown so large that the state supervisors of
elections association plans to meet in June to discuss whether the
group should develop its own set of procedures before purging any of
these voters from the rolls.

''It doesn't help when one supervisor says they are going to do one
thing, and another does it a different way,'' Miami-Dade's Kaplan
said. ``It is my goal to make sure that anyone who is eligible is
kept on the rolls and those who are 100 percent not eligible are
removed.''

But Simon says any uniform procedure should ensure that voters aren't
purged without thorough research.

``When you are dealing with the most fundamental right of any
citizen, I think they'd better be damn careful before they remove
anyone from the rolls.''




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www.ctrl.org
DECLARATION & DISCLAIMER
==========
CTRL is a discussion & informational exchange list. Proselytizing propagandic
screeds are unwelcomed. Substance—not soap-boxing—please!   These are
sordid matters and 'conspiracy theory'—with its many half-truths, mis-
directions and outright frauds—is used politically by different groups with
major and minor effects spread throughout the spectrum of time and thought.
That being said, CTRLgives no endorsement to the validity of posts, and
always suggests to readers; be wary of what you read. CTRL gives no
credence to Holocaust denial and nazi's need not apply.

Let us please be civil and as always, Caveat Lector.
========================================================================
Archives Available at:

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