Florida Advocates Expand Access to Voter Registration and Vote-by-Mail, Expand Voter Education through Settlement of COVID-19 Elections Case

TALLAHASSEE, Fla. - Today, voting rights advocates held a press conference delineating the details of a major legal settlement with the state of Florida, requiring the state to make voting changes amidst the coronavirus pandemic. The case against the state of Florida to ensure free, fair and safe elections was filed in March 2020 prior to the Presidential Preference Primary by Advancement Project National OfficeDemos, and LatinoJustice PRLDEF on behalf of Dream DefendersNew Florida Majority, and Organize Florida. The terms of settlement will increase access to voter registration, force the state to inform citizens of their options in casting a vote-by-mail ballot, encourage Supervisors of Elections (SOEs) to use funding options to provide  prepaid postage for mail-in ballots, and require the Secretary of State to develop and execute a public relations campaign to inform voters of their options in casting a ballot, especially among communities of color, college-aged voters and seniors. 

“Rumors circulated last night about this settlement, especially in partisan circles. Make no mistake. This settlement is a clear victory and step forward for Black and Latinx voters,” said Gilda Daniels, Litigation Director for Advancement Project National Office.  “Dream Defenders v. Ron DeSantis shows how broken the Florida election system is, and what needs to be done to ensure that every Floridian can vote in August and November. In settling this case, Florida has finally done one thing right during the COVID crisis. While the settlement is a step forward and many improvements to the system will result, the fight to vote for the right to vote continues.”

The settlement agreement requires:

  • The Secretary of State to contact eligible, but un-registered Floridians with an Electronic Registration Information Center (ERIC) postcard, inviting them to register to vote and informing them of the available methods of voting in Florida.
  • The Secretary of State to launch a social media or public relation campaign to inform voters of the three ways they can vote (early voting, vote-by-mail, or in-person on Election Day).  The Secretary must make efforts to promote these options to college-age voters, communities of color, and seniors.
  • The Secretary of State host at least one workshop with Supervisors of Elections encouraging them to maximize the use of dropboxes for vote-by-mail ballots, maximize the use of early voting days available to them by law, and educate SOEs on the use of adaptive technology like OmniBallot ahead of the August 2020 primary.
  • The Secretary of State to develop a 1-page document for Supervisors of Elections in counties with no pre-paid postage for vote-by-mail ballots, informing voters of their delivery options.

“We brought this lawsuit because we were, and continue to be, the closest to the problems facing everyday voters in Florida’s communities of color,” said Andrea Mercado, Executive Director of New Florida Majority.  “As a result of our lawsuit, Florida went from doing nothing to committing to educating and encouraging all 67 Supervisors of Elections to expand access to democracy in this historic 2020 presidential election cycle. This settlement is another step forward in the fight to secure free and safe elections for communities of color in Florida.”

“We will continue to bring voting problems to light. We will fight to make sure this settlement is fully implemented,” said Stephanie Porta, Executive Director of Organize Florida. “This settlement builds upon and strengthens our advocacy and organizing work across the State to defend each Floridian’s fundamental right to vote in 2020 and beyond.”

“We are encouraged to work with the state and the various parties in advance of the primary and general elections so that Florida gets it right,” said Kira Romero-Craft, Managing Attorney, SouthEast at LatinoJustice PRLDEF. “We are committed to continuing to work with our community to ensure that voters are aware of their options to vote safely and most importantly to understand how to make sure their vote counts.”  

“The Constitution and federal law require that Florida provide safe and accessible opportunities to vote during the COVID-19 pandemic that is currently ravaging Florida,” said Jeffrey Miller, Partner at Arnold & Porter.  “The settlement obligates the state to work with all of Florida’s counties to ensure that all voters -- and particularly voters who are most vulnerable during this pandemic -- are able to register and vote in the manner of their choosing, whether in-person or by mail; and to ensure that every vote is counted, even under the unique challenges of this pandemic. Arnold & Porter was proud to represent the plaintiffs in this important case.” 

Listen to a recording of the press conference here (password: 3*z?PP?k).