Campaign Legal Center, Common Cause Florida and partners urge Governor DeSantis to veto new Florida ethics bill

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WASHINGTON, D.C. –  Today, Campaign Legal Center, Common Cause Florida, and other partner groups and allies — nine total — submitted a letter to Florida Governor Ron DeSantis, urging him to veto House Bill 1597/Senate Bill 7014 (or the “Ethics Bill”) due to additional barriers it puts in place for members of the public calling for accountability and transparency from state officials engaged in potential wrongdoing.

The Ethics Bill passed by Florida’s state legislature on March 7 includes an amendment that would only allow ethics complaints to be filed by those with direct knowledge of potential wrongdoing. This is a major shift from past requirements, which allowed anyone to file complaints before the Florida Commission on Ethics — so long as the information they provided was truthful and factual to the best of complainants’ knowledge. 

Floridians deserve to have a hand in their democracy, and they deserve to fight for their right to know that their elected officials are putting the public good over personal gain,” said Kedric Payne, Vice President, General Counsel, and Senior Director of Ethics at Campaign Legal Center. “Ethics enforcement in the state of Florida has traditionally relied on the public being able to come forward and file complaints on potential cases of misconduct by officials. The Florida Ethics Commission is already limited because it cannot start an investigation itself without a complaint. Allowing only people with direct knowledge to file against potential wrongdoers is a major setback to transparency and accountability. Governor DeSantis should do right by his constituents and veto this bill.”
 
The coalition letter also notes that the standards for filing complaints under the new Ethics Bill are more stringent than basic legal principles that have been traditionally applied statewide, like for civil proceedings. Even if major news articles highlighted unethical behavior by Florida government officials, almost no member of the public would be allowed to call for an investigation by the Commission.
 
State ethics commissions are essential for maintaining an accountable and transparent democracy. Governor DeSantis should veto the new Ethics Bill so that the public can continue to assist the Florida Commission on Ethics with enforcement of the law, which is critical for building and maintaining public trust of government officials tasked with prioritizing the public interest. 

Read the full letter here.
 

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CLC Senior Vice President Paul Smith on Trump v. Anderson: Ahead of Super Tuesday, Voters Deserved to Know Which Candidates Would Appear on Ballot

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This morning, the U.S. Supreme Court decided unanimously in Trump v. Anderson that the Colorado Supreme Court erred in excluding Donald Trump from its presidential primary ballot under Section Three of the Fourteenth Amendment. While the Court did not decide whether Trump is qualified for the ballot under Section Three, the Court held that Congress, rather than the states, is responsible for making that decision. 

Following the decision, Paul Smith, senior vice president at Campaign Legal Center, released the following statement:   

As we head deeper into a crucial election year, one thing must always remain true: voters deserve the opportunity to make informed decisions. Voters heading to the polls on Super Tuesday and in other upcoming presidential primaries deserved to know which candidates would appear on their ballots — and it is encouraging the Court issued a clear ruling on the subject.”  

Background: On January 18, 2024, CLC, alongside the Brennan Center for Justice, Protect Democracy, and the League of Women Voters, filed a friend-of-the-court (amicus) brief with the U.S. Supreme Court in Trump v. Anderson urging the Court to reject Donald Trump’s plea to review the Colorado Supreme Court’s interpretation of its own state’s election laws — an issue the Supreme Court did not address in its majority decision today. The amicus brief took no position on whether Donald Trump is ineligible for the Colorado ballot under Section Three of the Fourteenth Amendment and backs neither party in the case.     

Federal Judge Strikes Down Some Anti-Voter Arizona Policies, Leaves Others in Place

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On February 29, 2024, a federal judge struck down discriminatory, anti-voter provisions of two Arizona laws, H.B. 2492 and H.B. 2243, passed in 2022 that undermined Arizonans’ freedom to vote and violated federal law. The judge’s order also leaves a few anti-voter provisions intact.

At issue in the case were discriminatory provisions of the two anti-voter laws, including one that denied the freedom to vote to Arizonans who did not list their birthplace on the state registration form and another that required county officials to investigate naturalized Arizonans’ citizenship status without good cause. This decision strikes down those provisions, while leaving other discriminatory investigation provisions and a proof of citizenship requirement for state and local elections on the books.

The decision, following a two-week trial in November 2023, comes after the District Court struck down other discriminatory provisions of H.B. 2492 and H.B. 2243 last September.

“This decision took important steps to stop anti-voter policies that make it harder for all Arizonans to cast a ballot – especially Latino and Native voters who have long faced significant barriers to accessing their fundamental freedom to vote,” said Danielle Lang, Senior Director of voting rights at Campaign Legal Center. “While we are still reviewing the full scope of the decision, we are glad the Court removed some of the barriers that H.B. 2492 and H.B. 2243 have placed on Arizona’s students, Latino voters, and Native voters as they seek to exercise their freedom to vote.”

“This was a years-long fight that, thankfully, has finally concluded with the Judge’s decision,” said Alejandra Gomez, Executive Director at Living United for Change in Arizona.  “The proponents of this measure should take this ruling to heart - that when you attack voting rights in Arizona, we will exhaust all remedies available to ensure our people can vote securely, freely, and safely. We knew from the start that HB 2492 was a bill that was discriminatory in nature and was an attempt to silence voters who have been historically disenfranchised. If implemented this would have posed  drastic negative consequences for Arizona voters. That’s why we stood up to the Arizona legislature, and why we’re glad the judiciary was able to confirm that harm with this ruling.” 

“LULAC supports our Constitution and fighting back against the politics of hatred and division,” said Domingo Garcia, LULAC National President. “The court’s ruling is a win for all Americans, particularly historically disenfranchised Latino voters who believe that the right to vote is a fundamental guarantee that must not be compromised or denied.”

“In the state of Arizona, American Indian people fought a long political battle to win the right to vote,” says Maria Dadgar, Executive Director, Inter Tribal Council of Arizona. “Without supporting these efforts for change, a great portion of Arizona’s citizens, would remain disenfranchised. This lawsuit is a reflections of ITCA’s deep commitment to protecting the right to vote for all.”

“We applaud the court’s ruling and thank all those involved in getting this important decision," said San Carlos Apache Chairman Terry Rambler. "Although tribes won the right to vote over 75 years ago, this case demonstrates that efforts to block this right continue today.  Self-serving legislation that attempts to discriminate and suppress voter turnout is truly un-American and supporters of it should be ashamed.  The San Carlos Apache Tribe will continue to stand with all individuals and organizations in ensuring that all Americans can exercise their constitutional right to vote.”

"The Arizona Coalition for Change celebrates the federal court's decision to strike down key discriminatory provisions of H.B. 2492 and H.B. 2243 as a significant victory for the voting rights of Arizonans" said Sena Mohammed, Executive Director of Arizona Coalition for Change.  "While we are heartened to see some of the most egregious barriers to voting removed, we remain concerned about the provisions left intact. Our fight for a truly inclusive democracy continues, as we stand committed to ensuring every Arizonan can exercise their fundamental right to vote without undue hindrance. We believe in a democracy that serves all its citizens, and we will keep pushing against policies that seek to silence our communities. This ruling is a step in the right direction, but our work is far from over. Together, with our partners, we will persist in our efforts to dismantle all forms of voter suppression in Arizona." 

“We are excited to celebrate a win today with our partners," said Kyle Nitschke, Co-Executive Director for the Arizona Students' Association. "We know there is much more work needed to be done to expand student voting access, but it’s a relief to see some of the worst provisions of these bills that would have affected students were found to violate federal law”

“The Court’s rulings provide vital protections to Arizona voters and send a clear message that the state cannot deprive its voters of the federal voting rights that protect every U.S. citizen in the country,” said Courtney Hostetler, Senior Counsel at Free Speech For People. “No eligible voter should be deprived of their right to vote for failing to provide the state with information irrelevant to their eligibility, or be subject to baseless scrutiny based on their status as naturalized citizens. We will continue to challenge efforts by elected officials to undermine federal voting rights or to prevent eligible voters from casting their ballot."

Campaign Legal Center (CLC), the San Carlos Apache Tribe Department of Justice, Barton Mendez Soto PLLC, Free Speech for People and Mayer Brown, LLP filed the lawsuit on behalf of Living United for Change in Arizona (LUCHA), League of United Latin American Citizens (LULAC), Arizona Students’ Association (ASA), Arizona Democracy Resource Center (ADRC), Arizona Coalition for Change (ACC), the Inter Tribal Council of Arizona (ITCA) and the San Carlos Apache Tribe. 

Last September, the U.S. District Court struck down numerous discriminatory provisions of H.B. 2492 and H.B. 2243, including a restriction that would have allowed Arizona to reject federal voter registration forms submitted without additional documents proving their American citizenship. Voters are already required to attest to their citizenship – under penalty of perjury – to register to vote, and federal law prohibits states from imposing additional paperwork requirements to register for federal elections.

September’s ruling also struck down the requirement that applicants provide additional documentary proof of their residence when registering to vote using the federal voter registration form. That provision created yet another hurdle for Arizonans, and it was especially burdensome for Native voters who, due to disinvestment in Native communities, are more likely to lack the required documentation–including in some regions of the state where residents lack residential addresses altogether . 

Learn more about the case here.