Federal court issues preliminary injunction on portions of recently enacted Florida election law.

Florida’s New Election Law Faces Legal Challenge

A federal court judge has blocked parts of Florida’s new election law that pertain to non-U.S. citizens and third-party voter registration groups. The ruling came after voting rights groups filed a lawsuit against the law.

In his 58-page ruling, U.S. District Judge Mark Walker issued a preliminary injunction on SB 7050, which was signed into law by Gov. Ron DeSantis in May. Judge Walker argued that Florida “is simply not free to exceed the boundaries of the United States Constitution.”

Under the legislation, non-U.S. citizens are prohibited from registering citizens to vote in the state. Third-party voter registration organizations could also face fines of up to $50,000 for each non-citizen who handles voter registration forms on their behalf.

Prior to engaging in any voter registration activities, these organizations must register with the state and provide officials with the necessary information. They must also deliver all voter registration forms within 10 days after the application is made or risk fines.

Gov. Ron DeSantis and other Republican leaders in the state argued that the legislation was necessary to enhance election security.

However, voting and immigrant rights advocates, including the American Civil Liberties Union (ACLU), ACLU of Florida, LatinoJustice PRLDEF, Dēmos, and other organizations and individuals, filed a lawsuit against the law after it was signed.

Bill ‘Burdens Political Speech’

In their lawsuit, plaintiffs argued that the new law imposes “harsh, unnecessary” restrictions on community-based voter registration speech and activity, violating the First and Fourteenth Amendments and federal civil rights statutes.

They further claimed that the law unconstitutionally burdens their political speech and associational rights, hindering their efforts to encourage civic engagement and democratic participation.

Plaintiffs sought a preliminary injunction against the law, asserting that it discriminates against them based on their citizenship status.

Judge Walker, an Obama appointee, ruled that the ban on non-U.S. citizens from registering citizens to vote is discriminatory, and the provision regarding third-party voter registration organizations violates the U.S. Constitution.

“Florida may regulate elections, including the voter registration process,” the judge wrote. “However, the challenged provisions exceed the bounds set by the United States Constitution. When state government power threatens to reduce individual rights to ashes, the federal judiciary stands as a firewall.”

The judge acknowledged the efforts of the plaintiffs’ organizations to serve their communities and register new voters. He stated that without the penalties imposed by the law, the individual plaintiffs would continue their voter registration activities on behalf of the organizations they work for.