On Aug. 6, the U.S. District Court for the Southern District of Florida denied the League of Women Voters of Florida's (LWVF) request for a preliminary injunction to prevent a harsh voter registration law from taking affect. The law levies substantial fines on organizations that register voters and that do not promptly deliver the completed voter registration forms to the Florida Division of Elections. While the law does prescribe tougher penalties for willful misconduct, it does not grant exemptions for undue hardships or for inadvertent errors.

A 2005 Florida law holds third-party voter registration organizations liable if they miss the deadlines the state established for the return of completed voter registration forms. The law also exempted political parties from the law, which resulted in complaints of discriminatory practices.

According to the LWVF, the law will seriously impair nonprofit voter registration efforts and dampen voter turnout in elections. In response, LWVF, along with People Acting for Community Together; Florida AFL-CIO; American Federation of State, County and Municipal Employees, Council 79; SEIU Florida Healthcare Union; Marilyn Wills; and John and Jane Does 1-100, filed for injunctive relief. On Aug. 28, 2006, a Florida federal court blocked implementation of the law and ruled that the law was unconstitutional. The state filed an appeal.

While the appeal was working its way through the court system, the Florida legislature passed a revised voter registration law that was similar to the 2005 statute. The state modified the law slightly to address possible constitutional concerns. Notably, the new law did not exempt political parties, it reduced fines, and it distinguished between willful and inadvertent conduct. Under the original law, the fines were $250 for each application turned in more than 10 days late; $500 for each application collected prior to, but turned in after, the last day to register voters before an election; and $5,000 for each application that is not turned in to the Division of Elections. In addition to reducing these fines, the legislature mandated that the aggregate fine that may be assessed against an organization in a calendar year is $1,000.

The plaintiffs from the lawsuit under the original law filed another suit to stop the amended law. According to the Brennan Center for Justice, which provided the lead attorneys in the case, LWVF argued that the amended law "will produce a serious chilling effect on registration drives and dampen turnout in November. It will also disproportionately burden African-American and Hispanic voter applicants and applicants from Spanish-speaking households, who are twice as likely to register to vote through voter registration drives as white applicants or applicants from English-speaking households."

LWVF argued that the amended law is unconstitutionally vague and that the group was forced to stop its voter registration drives due to the vagueness of the law. The law will affect the people who rely on nonprofits' role in encouraging participation in the political process, particularly low-income and disabled citizens.

Florida law defines a third-party registration organization as "any person, any entity, or any organization engaged in soliciting or collecting voter registration applications," except "those seeking to register or collect applications from their spouse, child or parent, and those registering or collecting applications as employees or agents of specifically named state agencies or a voter registration agency."

The district court rejected LWVF's arguments concerning vagueness. The court felt the amended law is not vague because it is clear who a third-party registration organization is, and it sufficiently states who is liable for fines. The court also rejected LWVF's argument that the amended law overly burdens the group's right to political speech and free association.

This ruling may seriously undermine voter registration efforts in Florida. According to the Brennan Center, who, along with the Advancement Project and Debevoise and Plimpton, filed suit on the plaintiff's behalf, groups that have traditionally lacked access to the political process, such as disabled citizens, minorities, and low-income citizens, are more likely than others to register to vote during a registration drive. The amended law may deter organizations from conducting voter registration drives due to the liability that they may incur.