Neil Henrichsen in Florida Times-Union article regarding voting rights hearing

Federal Judge in Jacksonville Hears Arguments to Decide on State’s Early Voting Law

Read more at Jacksonville.com: http://jacksonville.com/news/florida/2012-09-19/story/federal-judge-jacksonville-hears-arguments-decide-states-early-voting#ixzz271VSPj6A

A federal judge in Jacksonville will soon decide if he will prevent election supervisors across the state from operating on shortened early voting periods.

U.S. District Judge Timothy J. Corrigan heard arguments Wednesday from both sides of a lawsuit filed in July by U.S. Rep. Corrine Brown of Jacksonville and others who want to strike down the 2011 state statute that changed them. He said he will rule on the case as soon as possible.

Neil Henrichsen, attorney for Brown, the Duval County Democratic Executive Committee and several civil rights figures, argued against the statute that shrunk the early voting requirements from 12 days to eight and the total hours open from 96 to as little as 48.

Henrichsen said the law, which also prohibits voting on the Sunday before the election, is “discriminatory” and “retrogressive.” He cited findings from experts who said the shortened hours will be a burden to minorities, who statistics show more heavily rely on early voting opportunities.

But George Meros, who represents Florida Secretary of State Ken Detyzner, argued that to claim discrimination there must be an intent to do so or proof that the law will give less voting opportunities to minorities as compared to other races, which he said does not. Meros said there also is no proof that minorities won’t turn out in as good or even better numbers in November. He pointed out a 52 percent increase in early voting turnouts in last month’s Duval County primary election.

The idea behind the statute, Meros said, was to allow supervisors of elections to have discretion. Meros said that changes to the law now, 48 days before the general election, would cause confusion for voters and problems for the increasingly busy elections offices.

Following the three-hour hearing, Brown said she felt both sides got a fair shake in the argument. But she said the intent of the Republican-controlled Legislature was not as explained.

“I’m really disappointed that the Republican Party is continually trying to suppress the minority vote,” she said.

Concerning her timing to file a lawsuit in July against a statute passed in May 2011, Brown said she wanted to wait on a decision from a district court in Washington, which considered the application of the law in five South Florida counties whose elections systems are under U.S. jurisdiction.

The three-judge tribunal there published an opinion Aug. 16 that said the statute would hurt minority voting. It suggested a compromise that would keep the shortened term to eight 12-hour days, which would result in the 96 hours required in past elections. It also called for early voting on two Saturdays and the second Sunday before the election.

Ultimately that case was resolved when the counties said they would use the suggested system and was then authorized to do so by the Department of Justice.

Thirty-two of the 62 remaining counties, including Duval, have already said they will offer the 96 hours of early voting that the lawsuit is asking for. Duval County Supervisor of Elections Jerry Holland also was named as a defendant in the lawsuit.

charles.broward@jacksonville.com, (904) 359-4162

Read more at Jacksonville.com: http://jacksonville.com/news/florida/2012-09-19/story/federal-judge-jacksonville-hears-arguments-decide-states-early-voting#ixzz271VFVA7L