Florida counties halt purge of voter rolls

AUL J. RICHARDS/AFP/Getty Images

(CBS News) Despite continued efforts by Florida officials to proceed with a controversial sweep of the state's voter rolls, election officials in many of Florida's 67 counties have decided not to proceed with the process, according to the Florida State Association of Supervisors of Elections.

At least one county, however, is proceeding with the identification and purge of non-citizens.

The U.S. Justice Department ordered the state to halt the process earlier this week, citing concerns that it violated the Voting Rights Act of 1965 and the 1993 National Voter Registration Act. Florida Secretary of State Ken Detzner, however, "respectfully" disagreed with the decision in a letter of response, and suggested it would continue with its efforts.

Each county election supervisor has the authority to halt the process, which began months ago and aims to identify and purge non-citizens from the state's voter rolls. A list of 2,600 potential non-citizens was initially identified across the state based on a cross-search of data from the Florida Department of Elections and the Department of Highway Safety and Motor Vehicles. Voters were to be notified by letter that they had been identified as potentially ineligible to vote, and had thirty days upon receipt of the letter to provide documentation of their citizenship or face removal from the polls.

But the database relies on some outdated driver's license information, and a number of the people on the list of possible non-citizens have since proven their citizenship, according to the state's election department. Opponents of the purge argue that the efforts disproportionately targeted Latinos and Democrats.

Ron Labasky, the general counsel for the Florida State Association of Supervisors of Elections (FSASE), told CBS News he advised election officials in Florida not to proceed with the purge until the list of potential non-citizens had been more thoroughly vetted, a process to which he said the state had already agreed.

Miami-Dade County is among the counties that say it will not proceed with the process until the state is able to more thoroughly vet the list.

"The Supervisor of Elections has chosen to exercise her discretion under the law and has not taken any removal action under the State's Non-U.S. Citizen Project, other than those whose ineligibility has been demonstrated by a preponderance of evidence," said Christina White, from the Miami-Dade Elections Department. "No removal action will take place until the State conducts a more comprehensive vetting process against current, credible and reliable data sources."

According to White, 14 of the 1,637 names provided by the state had admitted voting ineligibility. In contrast, 514 provided proof of citizenship and 35 told the department they do so before the 30 days expired.

Election officials in Collier County, however, have decided to proceed with the process. According to Tim Durham, the county's chief deputy supervisor of elections, 10 of the 27 names provided by the state have been removed from the voting rolls. Four, he says, signed affidavits affirming that they are not citizens. He said that the list of voters identified as non-citizens comprised of 10 Republicans, 7 Democrats, and 10 people who said they did not identify with a specific party. Ten of the 27 were identified as non-Latino Caucasians, three as non-Latino blacks, 11 as Latinos, one as "other" and two as unknown.

Despite the controversy, Detzner reiterated his commitment to removing non-citizens from the state's voter rolls in a Friday interview on CNN.

"I'm confident that our due process will make sure that everyone is treated fairly going forward and no eligible citizens will be eliminated from the voter rolls," he said. "I can tell you, I hear from people every day that call my office and explain that they do not want their vote eliminated by a non-citizen who is registered to vote. That's the mission that I'm undertaking and I want to make sure this fall that everyone who is eligible to vote will vote and that votes will be counted here in Florida."

"If there's a non-citizen eligible to vote and votes in this election, they'll neutralize and delete someone else's vote that's eligible to vote," he added.

But Chris Cates, a spokesperson for the Florida Department of Elections, suggested the department is more interested in gaining access to a more comprehensive database than proceeding with the current process.

"We have a year-round obligation to ensure the voter rolls are accurate," Cates said. He added, however, that "we agree that the information needs to be better and can be better."

Ultimately, he says, the department hopes to gain access to a database from the Department of Homeland Security, which he says would be able to provide more accurate information.

"I think that if we were just able to get that inclusive information then the supervisors would really be required by law to act on such reliable information," he said.

[joeyslaptop]

This is silly. Of course you should have a current ID. In my home state, you have to have two things in your hand when you get to the front of one of the lines: your voter registration card or proof of adresse) and your ID - or you can't vote. That goes for old and young people. The only reason I can see to not require these things is to allow non-citizens and felons the opportunity to vote fraudulently.

If people over 80 only have old IDs, then let them use their old IDs. For everyone else, there shouldn't be many valid excuses.

[marychgo]

You're assuming that it's as easy for everyone else to get a state ID card as it apparently is for you. Yes, if you drive, of course you have a state photo ID, but what if you DON'T drive? What if the locations where you can get a non-driver state ID are hard to get to (especially if you don't drive!)? What if it's hard for you to get around, or if you're living on Social Security or a small pension and the ID fee is money that you'd normally spend on food?

Millions of Americans who ARE eligible to vote DON'T have state photo ID cards. Some of them CAN get those IDs fairly easily, but others can't. What's your solution? Disenfranchise them all?

[marychgo]

Can we get back to reality, please?

NO ONE wants voter registration rolls to include the names of people who are NOT eligible to vote, whether those people are deceased, undocumented, have moved away, or are convicted felons in states where being a convicted felon takes away your right to vote. (Only SOME states do that!)

What the DOJ and commenters here WOULD like to ensure is that, in removing names that SHOULD be removed, the State of Florida doesn't remove names that SHOULDN'T be removed. It's that simple!

Despite what Rush and Fox tell you, the truth is that the U.S. has very few cases of voter fraud in any given election. This was NOT true in 1890 or 1930 or even 1960, but it IS true today.

The U.S. has a slightly higher frequency of voter REGISTRATION fraud: the "Mickey Mouse and Donald Duck" cases Kathy rants about are examples. But names like those end up on the registration rolls because large voter registration drives tend to hire people at minimum wage to register voters. Most registrars are good and honest people, but a few get lazy and throw in phony names in order to meet their quotas. That's a bad thing, and might even get them thrown in jail. But the likelihood that any election judge will actually hand Mickey or Donald a ballot is infinitesimally small!

The "voter fraud crisis" is a made-up scandal. The Bush DOJ spent years and millions of dollars (and fired uncooperative US Attorneys) in a vain effort to find voter fraud; I think they found about a dozen case, despite all the time and money they wasted.

[antoniof123]

I have seen these so called lists and I can't believe that anyone would support them but then again times have changed in this country.

Sad but now we are only interested in winning not in doing the right things.

[kathyt8265]

Why would anyone NOT want these roles reviewed and purged especially in light of what happened in 08 with the excessive amount of voter fraud. No one can honestly say that there were NOT illegal voting happening in 08.It seems that anyone that is AGAINST checking to see if there are erroneous voters so that upcoming elections are truly fair, may have alterior motives to hide such activity..It seems the ones complaining here are democrats and sinse there was democratic attempts/successfully in 04 and 08 elections to fraudulently influence election results,leaves people to wonder if there is another attempt to repeat the Obama 08 election teams plans to defraud the citzens.

[reality_sanity]

It would appear that the federal government needs to implement a law requiring that those that purge valid voters from the roles should be convicted of a felony with a mandatory one year sentence for each valid voter inappropriately purged. The reason for the penalty is that the perpetrators of this voter suppression would lose a year of their own voter eligibility for each voter they denied their opportunity to vote. Anyone convicted under this law should also be ineligible to be an election worker or hold any public office or any government job after their release.

[reality_sanity]

Other reports indicate 514 of the alleged list of illegal voters on the roles further reviewed by local boards of election contained 500 valid voters that are US CITIZENS. Three of the 514 MAY have voted in a prior election and have been referred to local prosecutors to consider prosecution. The remaining 11 are either dead or never have voted.

[kathyt8265]

Why would the federal government need to implemnet a law to stop the purging of voter roles when this needs to be done on regular basis? People whom have died actually voted in the 08 elections,for Obama. Convicted felons have voted along with Mickey and Minnie Mouse..all voter fraud.Your arguement is rediculous...there is only one way to make sure CITIZENS(LIVING)are voting and not disenfranchised,illegals or dead citizens are being fraudulently used to influence a vote,which by the way, most of the frausd has been found inthe democrat party..i guess that would be your party?

[jonnyooh]

If they kill this measure, I don't know if the moron vote alone would make Romney a shoo-in. I'll bet the crooked rich will get busy on this one. They need a flunky like Romney to keep the Supreme Court stacked with Republicans. This is looking like a job for Murdoch.

[kathyt8265]

Murdoch???? really?? are you serious??? Most od voter fraus has been on the democrats side...ACORN, intimidation by the black panthers,dead people found to be voting,illegals,and an NFL TEAM votes hyjacked by the democrats voter registrations and actual votes....and YOU are worried....

[gep1955]

The voting rights acts mentioned in the article were written for US citizens, not illegal aliens being pampered by the socialist liberal democrat party. DOJ is really stepping into it.

[reality_sanity]

Read the actual articles where about 1/5 of the names on the list were further researched -- over 97% of those listed are US CITIZENS and VALID VOTERS. The proof exists that the list prepared by the state relies on dated and erroneous information.

[kathyt8265]

@reality....if there is a few then there must be more found in other counties,irregardless they are STILL illegal votes and it doesn't matter HOW MANY are found they should not vote period !!!!

[paulstewart9]

What about the people who are citizens and eligible to vote, are you going to make sure they are added if they are not on the list? Please do then if you want to be doing this in a "fair" and "unbiased" way.

[reality_sanity]

Your proposal based on analysis of about 15 of the proposed list indicates 97% of the voters listed to be removed (in addition to others that are unregistered) would need to be re-added to the voter roles as they are US CITIZENS and VALID VOTERS. Recent Florida law changes makes registration of US CITIZENS and VALID VOTERS more difficult.

[kamanakapu1]

Here we go again! Another electoral ripoff by the Gangsters Of Politics, henchmen of the Greedy One Percent! The last time they 'got' Al Gore and stuck us with that warmonger, George W. Bush. Now their gunning to 'get' Barack Obama and stick us with another repressive regressive, Mitt Romney.

[elton5]

Another lame occupy type. Please!!

[vsmit]

"Ultimately, he says, the department hopes to gain access to a database from the Department of Homeland Security, which he says would be able to provide more accurate information"

And why would the Obama justice department want non U.S. citizens to vote? The Obama administration has been fighting Florida the whole way by denying access to data that will make the verification of voter eligibility even more accurate, and then complaining the process is inaccurate. If it were not true, it would be comical.

[marychgo]

Dumb question: if Rick Scott and his GOP friends are so certain that there are "non-citizens" on Florida's voter rolls, I'm wondering how that happened. Eliminating people who've died or moved out of the state is certainly legitimate, but how did so many "non-citizens" get on the rolls in the first place...especially in a state where, in most counties, voter registration has been run by the GOP for generations?

[reality_sanity]

Mary -- research of the state list by local boards have found after reviewing 1/5 of the names on the list that more than 97% of those listed to be purged are US CITIZENS and VALID VOTERS. The state used outdated and faulty data to generate a hit list for MOSTLY LEGAL VOTERS.