On the Eve of a Trial slated to begin Monday, July 20th, Lawyers representing the State and Plaintiffs in a Legal Battle over Florida’s Vote-by-Mail Procedures have reached a Settlement.
Priorities USA, Dream Defenders, and other Plaintiffs, have been seeking to Expand the State’s Vote-by-Mail Process, arguing that the COVID-19 Pandemic will result in a Record Number of Floridians casting Ballots from Home to Reduce chances of being Infected with the highly Contagious Coronavirus.
Among other things, the Plaintiffs asked to Extend a Deadline for Mail-In Ballots to be Returned. They also wanted Free Postage for the Ballots and Challenged a Provision in Florida Law Restricting Paid Workers from Collecting Mail-In Ballots.
U.S. District Judge Robert Hinkle had set aside Two weeks for the Trial. But on Sunday, Plaintiffs and Gov. Ron DeSantis’ Administration Notified the Court that they had reached a Settlement.
The Agreement would Require Secretary of State, Laurel Lee, to “educate” and “encourage” County Supervisors of Elections about a Variety of Vote-by-Mail Procedures that were at the Heart of the Lawsuit:
- The State’s Top Elections Official would be Required to Educate Supervisors about Pre-Paid Postage for Mail-In Ballots.
- Encourage Local Elections Officials to Maximize the use of Drop Boxes for Vote-by-Mail Ballots and to Inform Voters about the Availability of the Ballot Drop-Off Sites.
- Emergency Orders issued by DeSantis gives County Officials Extra-Time to Canvas Vote-by-Mail Ballots and to Conduct what are known as Logic and Accuracy Tests before Early Voting begins.
- Encourage Supervisors to use the Maximum Number of Early Voting Days Available to them so they can avail themselves of Additional Canvassing Days and Maximize the Availability of Mandatory Drop-Boxes for Vote-by-Mail Ballots.
- Encourage Supervisors to use their Websites and other Platforms to make Vote-by-Mail Request Forms and Ballots available in Spanish.
While Sunday’s Settlement appeared to put to Rest most of the Elements in the Legal Challenges, some Issues remain Unresolved, according to Matthew Dietz, a Lawyer who Represents Blind Voters.
Judge Hinkle has Scheduled a 10 a.m. “settlement conference” Monday to Address Dietz’s Concerns. Dietz, who Represents the Florida Council of the Blind and Individual Plaintiffs, is trying to get Supervisors to use Systems that will allow Blind or Print-Impaired Voters to be able to Fill-Out Ballots from Home without Assistance.
Under Sunday’s Settlement, Lee agreed to Educate the Supervisors on the Acquisition and use of any New Voter Accessibility Technologies Approved or Conditionally Approved by the Secretary. But the Agreement wouldn’t Require Supervisors to use the Technology, Dietz said in an Interview Sunday.
Dietz noted that the State received $20 million in Federal Funds from the Coronavirus Aid, Relief, and Economic Security Act, known as the CARES Act, for Elections-related Expenses. The Money can be used to Pay for OmniBallot, a System that Lee’s Office Certified last week, that allows Blind and Print-Impaired Voters to Secretly and Independently Fill-Out their Ballots from Home.
Dietz noted that the Settlement came a week before the 30th Anniversary of the Americans with Disabilities Act, which will be Celebrated on July 26th, and shortly after the Friday Death of Civil Rights icon John Lewis, a Georgia Democratic Congressman and Fierce Voting-Rights Advocate. “On two different elements, this really is the time to ensure that everybody has the right to vote,” Dietz said.
Sunday’s Settlement, still needs Hinkle’s Blessing.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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