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Court: 2012 Fla. voter purge was illegal
Tampa Tribune ^ | 04/02/2014 | BRANDON LARRABEE

Posted on 04/02/2014 5:59:43 AM PDT by GIdget2004

TALLAHASSEE -- A voter purge by Secretary of State Ken Detzner in 2012 violated the law, a federal appeals court ruled today in the most recent episode of a heated legal battle over the program and its possible successor.

The 11th U.S. Circuit Court of Appeals rejected arguments from Detzner that the effort to remove suspected non-citizens from the voting rolls did not violate a federal law barring wide-ranging efforts to cleanse those rolls within 90 days of an election. In the 2-1 ruling, justices also said they took a case that would otherwise be moot because of the possibility that the state will attempt another purge in the future.

“The fact that the provision now before us applies to ‘any program’ strongly suggests that Congress intended the 90 Day Provision to encompass programs of any kind, including a program like Secretary Detzner’s to remove non-citizens,” Circuit Judge Beverly Martin wrote for the court.

The ruling was a limited victory for a coalition of immigrant advocacy groups and voters who said they faced the possibility of being wrongly removed from the rolls. While the state would be justified in attempting to prevent non-citizens from voting, a sweeping effort like Detzner’s --- pushed by Gov. Rick Scott --- couldn’t be done so close to an election under the National Voter Registration Act, the judges said.

(Excerpt) Read more at tbo.com ...


TOPICS: News/Current Events; Politics/Elections; US: Florida
KEYWORDS: elections; fl; florida

1 posted on 04/02/2014 5:59:43 AM PDT by GIdget2004
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To: GIdget2004

What federal law did it violate?


2 posted on 04/02/2014 6:03:20 AM PDT by sickoflibs (Obama : 'You can keep your doctor if you want. I never tell a lie ')
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To: GIdget2004

I think states would do better to add a penelity phase if you illegally register yourself as a voter, and are found to be a non-citizen. I’d suggest a “finders fee” of $5,000...payable by the county itself for allowing the person to register. The local county commission would suddenly get real interested in their method of operation.


3 posted on 04/02/2014 6:06:10 AM PDT by pepsionice
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To: GIdget2004
The 11th U.S. Circuit Court of Appeals rejected arguments from Detzner that the effort to remove suspected non-citizens from the voting rolls did not violate a federal law barring wide-ranging efforts to cleanse those rolls within 90 days of an election.

Limited ruling. That Rick Scott did it within 90 days of an election speaks to his lack of political savvy and perhaps general incompetence. Optics matter, and by doing this, Scott appears to be, unusually among politicians, an autist.

4 posted on 04/02/2014 6:08:04 AM PDT by Zhang Fei (Let us pray that peace be now restored to the world and that God will preserve it always.)
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To: GIdget2004

Hey, thanks for the opinion. We’ll be sure to put all the names back...after November.


5 posted on 04/02/2014 6:12:33 AM PDT by cotton1706 (ThisRepublic.net)
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To: Zhang Fei

Leading up to the election, the Dims scheduled primaries and run-offs so that there was no window long enough to perform the purge.


6 posted on 04/02/2014 6:12:57 AM PDT by Ingtar (The NSA - "We're the only part of government who actually listens to the people.")
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To: Zhang Fei

Ah, what’s a little Florida Calvinball among friends.

And so yes, it ought to have commenced sooner. Still.


7 posted on 04/02/2014 6:13:14 AM PDT by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: GIdget2004
Circuit Judge Beverly Martin

Obama-appointee, Lesbian. Continuing America's slide down to Third World status, by design.

8 posted on 04/02/2014 6:13:34 AM PDT by montag813
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To: Ingtar

Tricky little scheme, as usual


9 posted on 04/02/2014 6:14:07 AM PDT by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: GIdget2004

The court protects the rights of the voting illegals, felons, and dead because they vote Democrat.


10 posted on 04/02/2014 6:14:34 AM PDT by Amagi (Lenin: "Socialized Medicine is the Keystone to the Arch of the Socialist State.")
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To: GIdget2004

One would think a Federal judge sworn to uphold the Constitution would err against election fraud. But this involves the Motor Voter law — which was DESIGNED to increase voter fraud. Clinton appointed this criminal judge, and Obama elevated her to a lifetime post.


11 posted on 04/02/2014 6:16:17 AM PDT by montag813
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To: pepsionice

I think all the current voter roles need to be scrapped and everyone required to re-register. Just too many demographic changes have occurred over the years and I would suspect that these data bases, like others such as the one for Social Security, have a whole lot of garbage and incorrect information in them.


12 posted on 04/02/2014 6:18:15 AM PDT by Grams A (The Sun will rise in the East in the morning and God is still on his throne.)
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To: GIdget2004
"My 7-Step Plan to Destroy America"

http://americanthinker.com/blog/2014/04/my_7step_plan_to_destroy_america.html


13 posted on 04/02/2014 6:20:59 AM PDT by newfreep
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To: montag813

” Clinton appointed this criminal judge, and Obama elevated her to a lifetime post.”

Clinton appointed her to a lifetime post.


14 posted on 04/02/2014 6:26:09 AM PDT by Conscience of a Conservative
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To: Ingtar
Leading up to the election, the Dims scheduled primaries and run-offs so that there was no window long enough to perform the purge.

Just for the record, "purge" in this context is a word with negative connotations invented by the Democrats and their lapdog media.

15 posted on 04/02/2014 6:32:18 AM PDT by Moonman62 (The US has become a government with a country, rather than a country with a government.)
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To: sickoflibs
What federal law did it violate?

The National Voter Registration Act, which only applies to elections for federal office.

16 posted on 04/02/2014 6:33:59 AM PDT by Moonman62 (The US has become a government with a country, rather than a country with a government.)
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To: sickoflibs

What federal law did it violate?

She violated the law that the judges made up at the trial.


17 posted on 04/02/2014 6:44:40 AM PDT by mountainlion
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To: Zhang Fei
What keeps the judge from deciding that no purge can happen 90 days before or after a federal election?

If there are two federal elections in any year then the purge is void for good.

18 posted on 04/02/2014 7:07:47 AM PDT by texas booster (Join FreeRepublic's Folding@Home team (Team # 36120) Cure Alzheimer's!)
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To: GIdget2004

We must ALWAYS fight Vote Fraud!

NEVER give up that fight!


19 posted on 04/02/2014 7:12:19 AM PDT by G Larry (There's the Beef!)
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To: Moonman62

You are correct. I should have said “prudent maintenance” rather than purge.


20 posted on 04/02/2014 7:13:47 AM PDT by Ingtar (The NSA - "We're the only part of government who actually listens to the people.")
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To: Ingtar

The real problem is the GOP won’t come up with more positive language to counteract what the Democrats are doing.


21 posted on 04/02/2014 7:38:46 AM PDT by Moonman62 (The US has become a government with a country, rather than a country with a government.)
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To: pepsionice

The finder’s fee is a nice idea.

I’d also require mandatory deportation—whether or not the immigrant is otherwise here legally—with a great big warning of such on every single voter registration form and polling site in the country.


22 posted on 04/02/2014 7:41:47 AM PDT by 9YearLurker
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To: Zhang Fei

It’s a bad rule, since those 90 days prior to the election are when the Democrats are going to be registering fake voters, illegals, felons, etc, full tilt.

So, I don’t know, is it better to work around a bad rule and possibly lose the election, or flout the bad rule and possibly win?


23 posted on 04/02/2014 7:44:30 AM PDT by Boogieman
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To: montag813
Obama-appointee, Lesbian.

Aren't most of his appointees?

24 posted on 04/02/2014 7:47:27 AM PDT by jersey117
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To: GIdget2004

They just need to get it done 90 days before the election.


25 posted on 04/02/2014 7:48:54 AM PDT by <1/1,000,000th%
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To: GIdget2004

A good ruling. People should have more than 90 days to argue that they should not have been removed... otherwise, Obama removes every registered Republican in late OCT.


26 posted on 04/02/2014 8:16:11 AM PDT by Teacher317 (We have now sunk to a depth at which restatement of the obvious is the first duty of intelligent men)
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To: <1/1,000,000th%

Which means the GOP in every state had better be working their tails off to do something before August this year!


27 posted on 04/02/2014 8:18:08 AM PDT by Teacher317 (We have now sunk to a depth at which restatement of the obvious is the first duty of intelligent men)
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