1/ This really does seem an effort by the Florida SOS to manipulate the timing of certain statutory provisions to scare people with felony convictions in Florida from voting. I'll explain.
2/ Under Florida law, as clarified by the 11th Circuit, anyone with a felony conviction who registers to vote is entitled to vote unless and until removed from the rolls.
3/If someone registers to vote and the SOS then obtains "credible and reliable" information that the person is ineligible because they still owe money, the SOS must notify the relevant county where the person registered.
4/Until now, 2.5 weeks before the election, the SOS has not done this for any people with felony convictions who registered to vote after Amendment 4 passed.
5/SOS just said that, suddenly now, they're about to send counties a bunch of info on people who registered who SOS thinks are ineligible.
6/Now here's the scare game. Under FL law, once the county gets this info from the SOS, the county has to send the voter a letter within 7 days telling them they may be ineligible to vote. So a bunch of voters will start getting these letters next week.
7/The voter has 30 days to respond, and can't be removed from the rolls until then, so voters won't actually be removed from the rolls until after election day and thus will remain entitled to vote in the election.
8/But what SOS is now manufacturing by waiting until this point is to have people receive letters from the State saying they may be ineligible to vote right before early in-person voting and election day.
9/The letter likely won't be resolved until after the election either way, so people who receive the letters will have that hanging over them and may be deterred from voting, even if the info is wrong and they've paid all their debts.

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More from @Dan_F_Jacobson

23 Sep
1/ Everybody should read this entire article, but I'll post some clips. Bottom line -- they are actively plotting to steal the election. theatlantic.com/magazine/archi…
2/Their play in PA/WI/MI is to make it legally impossible to count mail ballots by election day, and then once those ballots get counted after e-day and the vote shifts, claim fraud have the gerrymandered state legislators purport to directly appoint electors.
3/Here PA Senate leader Jake Corman says that he wants a "final tally" by election night, but Corman himself is actively preventing that from happening by refusing to amend the law that says mail ballots can't be processed at all until election day. Image
Read 5 tweets
3 Jul
Here's a synopsis of the Trump campaign's crazy claims in its PA lawsuit:

1) Allowing voters to drop off ballots at govt-owned drop boxes violates the campaign's constitutional "right to vote"

2) Not allowing the campaign to have more poll watchers violates its "right to vote"
Unsurprisingly, the Trump campaign cites no case ever holding that there is a constitutional right to have poll watchers, much less that such a right is encompassed within the right to vote.
Nor does the campaign cite any case ever recognizing a claim that allowing *more* people to vote violates anyone's constitutional right to vote.
Read 4 tweets
1 Jul
Question for #appellatetwitter. Two senior CA11 judges heard the earlier PI appeal of the FL Amendment 4 case. Defs sought direct en banc review of the final judgment on the ground the prior panel ruling was wrong. Do the senior judges sit on the en banc panel under CA11 R 35-9?
(I imagine this is a question of first impression because direct en banc review basically never happens...)
If the answer is no, they can't sit en banc, then that may be a big reason why the court's conservatives jumped to take the case en banc before it could be heard by the same panel.
Read 4 tweets
11 May
1/ Today in our lawsuit challenging NC's felony disenfranchisement laws, we moved for an injunction to re-enfranchise roughly 60k North Carolinians in time for the November election. Some details below, and you can find the full brief at this link: forwardjustice.org/community-succ…
2/ NC's felony disenfranchisement laws were developed as part of an explicitly racist effort after the Civil War to suppress the political power of African Americans, and the laws continue to have their intended effect. The disparate impact on Africans Americans is staggering.
3/As this graphic shows, while African Americans comprise 21% of the voting age population in NC, they represent 42% of those are disenfranchised because they are on probation or other community supervision. Image
Read 7 tweets
27 Apr
NEWS -- We just filed suit in the PA Supreme Court challenging the deadline for mail ballots for the June primary and the November general election. In light of COVID-19, we ask the court to allow ballots as long as the voter mails them by election day.
As we learned from Wisconsin, the current deadline that mail ballots must be received by, rather than sent by, election day will disenfranchise tens of thousands of Pennsylvanians given administrative backlogs in processing mail ballot applications and slowdowns in USPS service.
The team that brought you the gerrymandering victory in the PA Supreme Court decided to get the band back together for this one. @arnoldporter; @PubIntLawCtr
Read 5 tweets
1 Apr
What's happening in WI is there's a big state supreme ct. race on the ballot Tuesday, and the GOP legislature has both refused to delay the primary AND refused to facilitate more mail voting, seemingly on the calculus that COVID will more likely affect voting in heavily Dem areas
There are arguments to be made for and against delaying the primary, but if you don't delay, it unconscionable for the government to not do everything in its power to facilitate mail voting.
The Governor asked the GOP legislature to authorize sending mail ballots to every voter, and they refused. jsonline.com/story/news/pol…
Read 5 tweets

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