League of Women Voters of Florida v. Cobb

447 F.Supp.2d 1314

LEAGUE OF WOMEN VOTERS OF FLORIDA, People Acting for Community Together, Florida AFL-CIO, American Federation of State and Municipal Employees, Counsel 79 (AFSCME), Seui Florida Healthcare Union, as organizations and as representatives of their members; Marilynn Wills; and John and Jane Does 1-100, Plaintiffs, v. Sue M. COBB, individually and in her official capacity as Secretary of State for the State of Florida, and Dawn Roberts, individually and in her official capacity as Director of the Division of Elections within the Department of State for the State of Florida, Defendants.

No. 06-21265-CIV.

United States District Court, S.D. Florida.

August 28, 2006.

Gary Charles Rosen, Becker & Poliakoff, Fort Lauderdale, FL, Wendy Weiser, Renee Paradis, Brennan Center for Justice at NYU School of Law, New York City, Craig L. Siegel, Eric A. Tirschwell, Erin A. Walter, Kramer Levin Naftalis & Frankel, New York, NY, for Plaintiffs.

Allen C. Winsor, Peter V. Antonacci, Gray, Robinson, Tallahassee, FL, for Defendants.

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION AND GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS

SEITZ, District Judge.

THIS MATTER is before the Court on Plaintiffs' Motion for Preliminary Injunction [DE 10] and Defendants' Motion to Dismiss [DE 26]. Plaintiffs contend that a new Florida state law (hereinafter the "Third-Party Voter Registration Law" or the "Law"), Fla. Stat. §§ 97.021(36), 97.0575 (2005), which imposes fines on all organizations, except political parties, that collect voter registration applications but fail to timely submit them, violates their rights under the First and Fourteenth Amendments to the United States Constitution. Specifically, Plaintiffs argue that the Third-Party Voter Registration Law interferes with their speech and association rights while unjustifiably exempting political parties (Counts I and II). Plaintiffs further argue that the Law chills and burdens their exercise of free speech and association (Count III) and burdens the John and Jane Does' right to vote (Count IV).

"The right of voting ... is the primary right by which all other rights are protected. To take this right away, is to reduce a man to slavery . .." Thomas Paine, Dissertation On The Principles Of Government, 1795. While neither the Plaintiffs nor the Defendants quarrel with this principle, the parties disagree over what measures are necessary to protect and promote that right. Plaintiffs argue that the Third-Party Voter Registration Law sweeps too broadly, impinging upon their important First Amendment freedoms while only tangentially serving its intended purpose. They also argue that because the Law burdens their voter registration collection efforts, it will be more difficult for underrepresented and minority citizens to register to vote. Defendants, however, contend that the Florida legislature acted within its purview to regulate third party voter registration organizations in order to protect the rights of Florida citizens at the ballot box. Defendants further contend that because the Third-Party Voter Registration Law regulates only conduct, Plaintiffs' regulated activities do not have any communicative value.

Having reviewed all relevant portions of the record and after conducting a preliminary injunction hearing and oral argument, the Court grants in part and denies in part Plaintiffs' Motion for Preliminary Injunction and Defendants' Motion to Dismiss. As to Counts I and II, the Court finds that the Third-Party Voter Registration Law unconstitutionally discriminates in favor of political parties by excluding them from the definition of "third party voter registration organization." As to Count III, the Court finds that the Third-Party Voter Registration Law's combination of heavy, strict, joint and several liability fines is unconstitutional as it chills Plaintiffs' First Amendment speech and association rights. As to Count IV, the Court grants Defendants' Motion to Dismiss because, on the face of the Complaint, Plaintiffs do not have standing to address the rights of Florida citizens generally. The Court also dismisses the claims against Defendants in their individual capacities.

I. PROCEDURAL BACKGROUND

Plaintiffs commenced this action on May 18, 2006, seeking declaratory and injunctive relief as well as nominal damages against Defendants in their individual capacities. (See Joint Proposed Findings of Fact ("Facts") ¶¶ 1, 2.) The Plaintiffs include: (1) two nonprofit community organizations—the League of Women Voters of Florida (the "League") and People Acting for Community Together Now ("PACT"); (2) three nonprofit labor union organizations—Florida AFL-CIO, Council 79 of the American Federation of State, County, and Municipal Employees ("AFSCME"), and SEIU Florida Healthcare Union ("SEIU"); (3) one individual member of the League—Marilynn Wills; and (4) John and Jane Does 1-100. (Facts ¶¶ 1, 4.) Defendants are Sue Cobb, individually and in her official capacity as Secretary of State for the State of Florida, and Dawn Roberts, individually and in her official capacity as Director of the Division of Elections within the Department of State for the State of Florida. (Facts ¶ 1.)

On June 6, 2006, Plaintiffs filed a Motion for Preliminary Injunction and Incorporated Memorandum of Law in Support of their Motion. (Facts ¶ 3.) On June 21 2006, Defendants filed a Response to the Motion for Preliminary Injunction and a Motion to Dismiss the Complaint. (Facts ¶ 3.) Plaintiffs filed a Reply in support of the Motion for Preliminary Injunction on July 7, 2006, and a Response to the Motion to Dismiss on July 10, 2006. (Case No. 06-21265, DE 31, 32.) Defendants filed a Reply in support of the Motion to Dismiss on July 20, 2006. (Id., DE 37.) The Court conducted its preliminary injunction hearing on July 25, 2006, which continued to July 26, 2006. (Id., DE 43, 47.) The Court heard the oral argument of the parties on August 3, 2006. (Id., DE 49.)

II. THE VOTER REGISTRATION PROCESS IN FLORIDA

Prior to 1995, only state officials and individuals deputized by supervisors of elections as registrars could collect voter registration applications in Florida. (Facts ¶ 11.) Thus, in order to conduct voter registration activities, an individual had to seek appointment as a volunteer deputy voter registrar, reside in the particular county, and complete a training session. Fla. Stat. § 98.271 (1993). The law did not allow a supervisor of elections to deny appointment based on an individual's "race, sex, religion, political affiliation, organizational involvement, or political activity." Id. § 98.271(2)(a).

In 1993, Congress passed the National Voter Registration Act ("NVRA"), which went into effect on January 1, 1994. (Facts ¶ 11.) In passing the NVRA, Congress found that "discriminatory and unfair registration laws and procedures can have a direct and damaging effect on voter participation in elections," and accordingly passed the NVRA to "increase the number of eligible citizens who register to vote." 42 U.S.C. § 1973gg(a)(3), (b)(1). Thereafter, in 1995, Florida implemented the NVRA and began permitting third party groups to collect voter registrations without first being deputized by a supervisor of elections. (Facts ¶ 11.) This expansion of means to register not only increased political advocacy by third party groups but also gave unregistered citizens more choices as to how they could register to vote. In addition, under Florida law, voter registration forms "must be accepted in the office of any supervisor, the division [of elections], a driver license office, a voter registration agency, or an armed forces recruitment office." Fla. Stat. § 97.053(1).

After a voter registration application is collected, it must be processed by a supervisor of elections before a voter is registered to vote. (Facts ¶ 12.) This process requires particular attention, including but not limited to reviewing applications for completeness, requesting follow-up information from the applicants to complete the applications, and entering data into the voter registration system. (Aff. of Donna Miller ("Miller Aff.") ¶ 8(c).) Thereafter, the supervisors of elections must ensure that voter information cards are produced and distributed to voters. (See Tr. I at 103.)¹

III. PLAINTIFFS' VOTER REGISTRATION ACTIVITIES PRIOR TO THE ENACTMENT OF THE THIRD-PARTY VOTER REGISTRATION LAW

1. The League of Women Voters of Florida

The League is a non-partisan, not-for-profit corporation that is run solely by member volunteers.² (Decl. of Dianne Wheatley Giliotti in Supp. of Pls.' Mot. for Prelim. Inj. ("Giliotti Decl.") ¶¶ 6, 8.) The League promotes political accountability through informed and active participation of citizens in government and influences public policy through education and advocacy. (Id. ¶¶ 6, 9.) One of the League's primary goals is to promote effective voter participation in government by (1) conducting voter registration drives throughout the state; (2) holding educational forums and candidate debates open to the public; (3) publishing a quarterly newsletter and hosting a website; (4) distributing both a non-partisan bi-annual election guide and objective information regarding proposed constitutional amendments in Florida; and (5) distributing information on certain issues and topics. (Id. ¶ 9.)

The League conducts annual voter registration drives through 27 local Leagues. (Id. ¶ 11.) Registering new voters is an important part of accomplishing the League's goal of increasing political participation by underrepresented and disenfranchised communities, particularly residents of low-income, African American, and Hispanic communities. (Id. ¶ 12.) When the League conducts its voter registration drives, volunteers hand out pamphlets, discuss the importance of registering to vote, provide information about voting, and inform new voters...