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Florida Protects the Vote

Published in Blog on October 26, 2023 by Stanley E Gilewicz

“We do not have government by the majority. We have government by the majority who participate.”  Thomas Jefferson 

Our third president laid out the importance of voter participation in the opening quote. Of equal importance is the integrity of the vote count. Elections tainted with perceived or real fraud weaken public confidence in final results.

Florida passed Senate Bill 90 in early 2021 addressing election reforms. It was duly passed through both state houses and signed into law by the governor on May 6, 2021. This was in marked contrast to states that bypassed their legislatures during the 2020 pandemic. The phrase “Never let a serious crisis go to waste” comes to mind.

Who Sets The Rules? The US Constitution!

Under our Constitution the legislatures of the separate states are empowered to determine the times, places and manner of holding elections. It does not grant the executive branch or courts the power to enact election law. This has been an item of contention in recent years as state and federal courts have inserted themselves (see tab 2 - Enforcing the Elections Clause) into election arguments that are political rather than legal in nature.

How Is Florida Preserving Election Integrity?

Election laws instituted outside of state legislature authority can be criticized for ignoring the will of the people. The relationship between state legislator and citizen-voter is the closest link in our system of governance. Florida’s legislators attempted to address voter concerns after the 2020 election by passing SB 90. The following are some of the reforms addressed in the bill:

  • A prohibition against a governmental entity’s use of private funds for election-related expenses.
  • Additional requirements for the periodic risk assessments of the online voter registration system.
  • A process by which the Department of Highway Safety and Motor Vehicles must assist the Department of State (DOS) in regularly identifying changes in voter addresses and providing that information to supervisors for their use in updating voter rolls.
  • Modifies the effective period for a ballot request to all elections held through the end of the calendar year of the next regularly scheduled general election and grandfathers in through the end of 2022 any request in place when the bill takes effect.
  • Requires an additional elector identifier when a request for a ballot is made.
  • Creates new requirements for information that must be displayed on the outside of a return mailing envelope and prohibits display of an elector’s political affiliation on a ballot envelope.
  • Prohibits a supervisor from using knowledge of a voter’s political affiliation during the signature comparison process.
  • Prohibits mailing or otherwise providing a ballot without a request.
    Limiting use of drop boxes other than at a supervisor’s office to early voting hours, and requiring in-person monitoring of all drop boxes while accessible for deposit of ballots.
  • Requiring each supervisor to publish the location of drop boxes at least 30 days in advance of each election.
  • Limits a person’s lawful possession of ballots to his or her own, those of an immediate family member, and two others; expands the definition of “immediate family member” to include a grandchild; and clarifies that supervised voting at assisted living facilities and nursing homes is not subject to the limit.
  • Creates new requirements for reporting live voter turnout data and vote-by-mail ballot information.
  • Requires submission of an additional elector identifier for requested changes to voter registration.

Despite being a duly passed and signed piece of legislation, SB 90 was immediately challenged in court. As of this writing SB 90 has withstood claims against it and has been allowed to stand. Currently Florida ranks in the top 10 states for secure elections.

What Can We the People Do?

  • First we must vote. If we vote, we can claim a stake in the verification of the vote.
  • If at all possible we can volunteer to be a poll worker or watcher. Both functions are vital. Workers make the process proceed smoothly. Watchers ensure that voting rules are adhered to.
  • An app to keep an eye on is VotifyNow. This has the promise to allow poll workers, watchers and voters the ability to quickly report irregularities via their cell phone. As with all new tech be aware of glitches or bias when using it.
  • Communicate with your state legislators regarding any aspects of SB 90 that may be of concern to you. These are the people the Founders designated to reflect your will to the nation. They need to hear your voice.

An educated citizenry voting with absolute assurance that election results are sacrosanct is an ideal supported not only by COS but all freedom loving Americans.

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