The state’s Democrats, locked out of power, celebrated the decision but remained wary that it may not withstand appeals.
“It’s been a tough few years for those of us who think politicians shouldn’t be making it harder for people they don’t like to be able to vote, so today is a big deal,” said Raymond Paultre, executive director of the Florida Alliance, a statewide network of progressive donors. “The fear is that it goes to the 11th Circuit and they fall in line with what Republicans want.”
With his ruling, Judge Walker placed a relatively obscure element of the Voting Rights Act of 1965 at the center of the legal debate over federal protection of voting rights.
For decades, the law required scores of jurisdictions across the country, and especially in the South, to clear voting law changes with the Justice Department. But in 2013, the Supreme Court invalidated the preclearance rules in a case known as Shelby County v. Holder.
Judge Walker’s decision put Florida under the federal restrictions, using Section 3 of the act. The provision, known as “bail-in,” allows judges to impose additional federal oversight of election law, if states or local governments are found to be repeat offenders in racial discrimination cases, said Travis Crum, a law professor at Washington University in St. Louis.
Understand the Battle Over U.S. Voting Rights
Card 1 of 6Why are voting rights an issue now? In 2020, as a result of the pandemic, millions embraced voting early in person or by mail, especially among Democrats. Spurred on by Donald Trump’s false claims about mail ballots in hopes of overturning the election, the G.O.P. has pursued a host of new voting restrictions.
What are Republicans trying to do? Broadly, the party is taking a two-pronged approach: imposing additional restrictions on voting, especially mail voting, and giving Republican-led state legislatures greater control over the mechanics of casting and counting ballots.
Why are these legislative efforts important? The Republican push to tighten voting rules has fueled doubts about the integrity of the democratic process in the U.S. Many of the restrictions are likely to affect voters of color disproportionately.
How have the Democrats pushed back? Democrats had hoped to unravel voting restrictions with federal legislation, but they weren’t able to secure enough votes to pass it in the Senate. An attempt to change the Senate’s filibuster rules to enable the passage of the bill also failed.
Which states have changed their voting laws? Nineteen states passed 34 laws restricting voting in 2021. Some of the most significant legislation was enacted in battleground states like Texas, Georgia and Florida. Republican lawmakers are planning a new wave of election laws in 2022.
Will these new laws swing elections? Maybe. Maybe not. Some laws will make voting more difficult for certain groups, cause confusion or create longer wait times at polling places. But the new restrictions could backfire on Republicans, especially in rural areas that once preferred to vote by mail.
Courts have used the “bail-in” provision sparingly. Before the Florida ruling, New Mexico and Arkansas were the only states ordered by judges to submit to preclearance requirements, both decades ago. A few counties and cities have as well, Professor Crum said.
Some Democrats have tried to persuade courts to use bail-in requirements on voter identification laws and redistricting maps in North Carolina and Texas, but federal judges have declined to do so in major cases.