With Florida Voting Changes Enacted, Attention Turns to Duval County Supervisor of Elections and Jacksonville City Council

Photograph obtained via City of Jacksonville Twitter (https://twitter.com/cityofjax/status/1239902662990032897)

Just six months after an election in which Florida was generally praised for its election administration, the 2021 Florida Legislature passed a series of voting law changes. On May 6, 2021, Governor Ron DeSantis signed the bill into law.

For those readers who have not been following the debate, the election legislation — also known as SB 90 — contains several controversial provisions. Among other changes, the bill imposes new restrictions on voter registration efforts, makes it harder to run for office without party affiliation, limits the use of drop boxes to collect vote-by-mail (VBM) ballots, requires voters to request VBM ballots more frequently, and prohibits anyone but Supervisor of Elections workers to give items (possibly including water) to voters within a newly extended distance of 150 feet from the polls.

As the Orlando Sentinel reported, some of the local officials who administer Florida elections do not favor the voting changes. Lake County Supervisor of Elections Alan Hays, a Republican and former Florida legislator, told Central Florida News 13 that “there’s no question these measures are more restrictive.” Fellow Republican Mike Bennett, the Manatee County Supervisor of Elections and another former state legislator, opined to the Bradenton Herald that the bill was not “necessary in any way, shape or form…I don’t care how you cut it, but any time you make it more difficult to vote, it’s going to suppress somebody’s vote.” Democrat Craig Latimer, the Hillsborough County Supervisor of Elections and President of the Florida Supervisors of Elections, said that the new law will make voting harder.[1]

Shortly after Governor DeSantis signed the bill, the League of Women Voters of Florida, Black Voters Matter and the Florida Alliance for Retired Americans filed federal litigation to halt implementation of the new law. The NAACP and Common Cause have also filed suit.

It will take time to resolve the legal issues raised through the judicial process. But court proceedings are not the only way to address voting concerns. With sufficient budget support from their county governing entities, Florida’s elected Supervisors of Elections may also have the ability to improve the election experience despite the new law.

While I cannot speak to the unique circumstances in each of Florida’s 67 counties, I can address the one where I live: Duval, where the Supervisor of Elections office (SOE) is part of the Consolidated City of Jacksonville and must obtain annual budget approval from the Jacksonville City Council.

Many Florida counties enjoyed a relatively smooth election process in 2020. Duval County did not. After the local Canvassing Board adopted rules restricting transparency and due process, including prohibiting media cameras from the canvassing process, a coalition of election protection advocates, attorneys, citizens, and media outlets ultimately persuaded a majority of Canvassing Board members to reverse those restrictions and provide a livestream of board meetings.

But 2020 is over, and a new election cycle is an opportunity for a new approach. Over the next few months, Duval County Supervisor of Elections Mike Hogan and the Jacksonville City Council can help ensure the 2022 elections prioritize accessibility and transparency.

Supervisor Hogan recently submitted a spending plan for the next fiscal year (October 1, 2021 to September 30, 2022) to the City of Jacksonville for inclusion in the Mayor’s proposed budget. Starting in mid-July, City Council will review/revise the proposed budget and adopt a final version.

That SOE budget includes funding for the August 23, 2022 primary election, which may feature competitive contests for U.S. Senate, Congress, Governor, Cabinet, the Florida Legislature, Duval County School Board, and local judgeships. Given the huge stakes of that election, Supervisor Hogan and City Council should make sure the final SOE budget advances several priorities.

1. Provide More Early Voting Sites with VBM Drop Boxes. If Florida is going to make it harder to vote by mail, the Duval County SOE should offer as many alternative voting options as possible. In 2020, Supervisor Hogan declined to designate Edward Waters College (EWC) and the University of North Florida (UNF) as early voting sites as they had been in past election cycles. He should reverse that decision and return early voting to EWC and UNF in 2022. Hogan and City Council should also look to add other early voting/VBM drop box sites to provide all Jacksonville voters with convenient voting access. The proposed SOE budget provides for 20 early voting sites, exactly the same as November 2020. More are needed in a city of nearly 700,000 registered voters.
2. Record the Canvassing Board Live Stream. When the Duval County Canvassing Board ultimately provided a video live stream of its 2020 general election meetings, SOE declined to record the livestream so voters could watch meetings after the fact. At the time, SOE attorneys argued the office did not have enough capacity to record and archive the meetings — a surprising claim since the Jacksonville City Council somehow manages to accomplish the task as often as multiple times weekly. Supervisor Hogan and City Council should ensure 2022 Canvassing Board meetings are both livestreamed and recorded so voters have 24/7 access to the process.
3. Educate Voters on the New Vote By Mail Request Rules. SOE is practiced in voter notification. In April 2021, Supervisor Hogan sent a letter to some Duval County voters, asking them to update their signatures on file with SOE. His proposed 2021–2022 budget includes funding to send new information cards to every voter following 2022 legislative and congressional redistricting. The next SOE budget should also make certain Supervisor Hogan can clearly inform Duval County voters who do not have an active VBM request about the new process to request VBM ballots (if that process withstands legal challenges).
4. Offer Water Bottles to Voters Standing in Line. The new election legislation specifically allows SOE employees or volunteers to give items to voters standing in line within 150 feet of the polls at early voting sites or Election Day locations. Since the August 23, 2022 primary election will occur during the hot Florida summer, Supervisor Hogan and City Council should give SOE the budget capacity to help keep voters well hydrated.

This set of recommendations is not comprehensive. Many other good ideas exist. Supervisor Hogan can hear them by adopting yet another policy, one with minimal budget impact: Meeting with as many election advocates and interested citizens as possible. That kind of constructive dialogue could go a long way toward ensuring accessibility and transparency in 2022.

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Chris Hand is an attorney whose practice includes election law. He has appeared before the Duval County Canvassing Board. Hand previously served as Chief of Staff at the City of Jacksonville and authored the 50th anniversary update to A Quiet Revolution: The Consolidation of Jacksonville-Duval County & the Dynamics of Urban Political Reform. With former Florida Governor and U.S. Senator Bob Graham, Hand is the co-author of America, the Owner’s Manual: You Can Fight City Hall — and Win.

[1] The Duval County Supervisor of Elections office issued this statement on the State of Florida’s 2021 election law changes.