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Ruling revives dispute over Florida voter registrations
THE ASSOCIATED PRESS September 29, 2005 MIAMI -- A district court shouldn't have rejected a lawsuit from voters who wanted their partially filled-out voter registration forms approved for the 2004 presidential election, federal appeals judges ruled Wednesday. This article continues... The three judge panel of the 11th U.S. Circuit Court of Appeals in Atlanta cleared the way for lawyers representing three voters and AFL-CIO unions to again challenge Florida's voter registration forms.
The original lawsuit was filed in October 2004 against Secretary of State Glenda Hood and election supervisors in Duval, Orange, Palm Beach, Broward and Miami-Dade counties. It charged that material missing from the disqualified forms was unnecessary from the start.
That lawsuit was thrown out in October by U.S. District Judge Lawrence King, who ruled that those suing had no legal standing. But on appeal, the 11th Circuit panel said Wednesday that there was legal standing for the lawsuit, and a new complaint could be filed in light of recently-passed Florida elections laws.
The incomplete forms in question were from people who signed to affirm their voter eligibility, but failed to provide an identification number -- such as from a driver's license or a Social Security card -- or check boxes affirming their citizenship, mental capacity and felony status. Applicants filling out registration cards are required to sign a form, affirming that they meet eligibility requirements, but applicants must also check separate boxes on the form.
Attorneys with the Advancement Project argued that the rejections had disqualified more than 10,000 people across the state, with a disparate effect on minorities. Nearly 45 percent of the challenged forms in one county, Duval, came from blacks.
Elizabeth Westfall, an Advancement Project attorney, said another complaint would be filed, but there was no deadline set.
Jenny Nash, a spokeswoman for Hood, declined immediate comment Wednesday because the secretary of state's legal counsel had not seen the ruling. Westfall said the information required on the forms was both "immaterial and unnecessary" to the voter registration process, and that recent changes in Florida laws likely drew the concern of the three-judge panel.
In June, Gov. Jeb Bush signed a law that makes Hood responsible for creating a statewide voter registration database to meet a Help America Vote Act requirement for a centralized system in all 50 states. Another law provides safeguards relating to a voter's right to keep private their signature, social security number, and driver's license number.
The legislation authorizes Florida's secretary of state, as the chief elections officer, to maintain uniformity in the application of the election code through interpretations to supervisors and canvassing boards if needed.
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Eventually, state Democrats will be back in power
By Bill Cotterell CAPITAL CURMUDGEON Tallahassee Democrat
The long and difficult path back to power for the Florida Democratic Party runs through the House of Representatives, and it starts in Broward County next year.
During the installation ceremonies for Speaker-designate Marco Rubio last week, Gov. Jeb Bush noted that Rep. Dan Gelber, D-Miami Beach, was lurking on the back row of the House chamber, biding his time and carefully plotting a restoration of Democrats to the dominance they enjoyed for a century and a quarter in the Capitol. The governor said it only half-jokingly.
This article continues... But Bush acknowledged that a Democrat will reside in the Governor's Mansion someday. The party that has been so anemic for the past 12 years - a time span that, not coincidentally, dates back to his first run for governor - will eventually control the House, Senate and Cabinet, too. It just won't be next year. Not even the most optimistic Democrat expects a swing of 25 seats, which is what the Democrats would need in order to take the gavel away from Rubio and give it to Gelber.
With the way district lines are drawn, and the way lobbyist campaign contributions gravitate $2-to-$1 (at least) toward the party in power, Democrats might as well get comfortable on the back rows of the House for the eight-year term limits of everybody who gets elected next year. But 2006 will mark the end of the Bush era in Florida politics - and the first election in five cycles without the governor or his brother atop the ticket - which is enough to quicken the pulse of diehard Democrats.
Jeff Ryan, who raises money for Democratic House candidates, explained it to the North Florida Democratic Club early this week. For the first time, he said, term limits work in favor of the Democrats - not enough to change the landscape, but enough to get something started. Of the 19 House members maxing out their fourth terms, 12 are Republicans - most of them in safe GOP districts, of course. At least four other Republicans who could serve another term or two, if they wanted to, are running for Cabinet seats. And two non-term-limited GOP House members are trying to move up to the Senate.
So are at least six Democrats with safe districts in the House. That's a side effect of term limits. Sometimes you have to run for higher office when a vacancy presents itself, rather than waiting until the clock runs out on your House job.
There could be more. Election-year legislative sessions do funny things to members. Holding 84 of the 120 House seats and 26 of the Senate's 40 jobs, Republicans don't have much left to win. Fully controlling the redistricting process for the first time in 2001-02, they shoehorned the Democrats into mostly urban districts and kept the surrounding suburbs for themselves.
Out in the Panhandle, west of Leon and Gadsden counties, the GOP wins conservative, rural North Florida regions where people register as Democrats but vote for Republicans. That's what makes Broward County such a big piece of the political equation next year. It's the biggest Democratic stronghold in the state, having given John Kerry and Bill McBride their largest votes in the past two statewide races. And it will have some hot races to boost turnout. Five of the seven Democrats who are term-limited out of the House next year represent parts of Broward. So do both term-limited Democratic senators running for higher office - Fort Lauderdale's Walter "Skip" Campbell, who's going for chief financial officer, and Ron Klein of Boca Raton, trying for Congress.
Two non-term-limited House members, both Democrats, are running for Campbell's and Klein's Senate seats.
All of this means a big turnout in the Democratic primaries in Broward. For all practical purposes, the winners of those races will be chosen in the September primaries. That might be good for Scott Maddox's campaign for governor. The former Tallahassee mayor ran surprisingly well in the 2002 primary for attorney general, leading a four-man ticket in Broward by nearly 10,000 votes.
Maddox grew up in South Florida and spends a lot of time in the Miami-West Palm Beach corridor. The fiasco that followed his tenure as Democratic Party chairman last May - an IRS tax levy, the Election Commission complaint over his handling of Leon County Democratic Party finances - won't help him in a county where Democrats take their party very seriously. But for Democrats, there's nowhere to go but up. And they may as well start where their strength is.
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ACLU, gay rights groups say Florida Marriage Protection Amendment is deceptive
Additional articles may be found here: Florida Sun-Sentinel.St. Petersburg TimesJacksonville Times-UnionThe Associated Press TALLAHASSEE, Fla. -- Several gay couples from around the state asked the Supreme Court on Wednesday to reject a proposed constitutional amendment that would ban gay marriage on the grounds that the wording of the ballot question is unclear and involves more than one subject. The proposed amendment is being pushed by a group called Florida4Marriage.org. The summary of the amendment proposed for the ballot would read: "This amendment protects marriage as the legal union of only one man and one woman as husband and wife and provides that no other legal union that is treated as marriage or the substantial equivalent thereof shall be valid or recognized." The gay couples, with the backing of the American Civil Liberties Union and other civil rights groups, argue that the language isn't clear as to what the effects of the amendment will be and therefore is misleading. The couples argue that it's not clear what types of other currently legal unions and civil rights might be barred if the amendment passes. For example, they say it's not clear whether it would ban domestic partnerships that currently give people certain rights, like the right to visit a partner in the hospital or make medical decisions for the other. The couples also argue the proposal violates a ban on constitutional amendments involving more than one subject, saying it combines a ban on same-sex marriage with a ban on other forms of protection for gay couples. The chairman of Florida4Marriage.org, John Stemberger, said the measure doesn't ban the granting of legal rights short of marriage to gay couples. He said it would clearly only ban other legal unions as a substitute to marriage. "It does not prohibit domestic partner registries, it does not prohibit the private or public sector from granting benefits to same sex couples," Stemberger said, arguing that the measure only prohibits arrangements that "mimic marriage exactly." Florida4Marriage.org needs 611,000 signatures to get on the November 2006 ballot. So far, it has collected 82,407, Stemberger said.
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What So. Floridians Think of the Administration
Results of recent Sun-Sentinel news polls These polls are not scientific. Polls results are not posted here if there is evidence of tampering that skewed results. Sept. 20 Republicans have controlled the White House and Congress since the 2000 elections. How well have they governed the nation? 9.8% They have done an excellent job steering the country through difficult times. (715 responses) 17.4% They have made some mistakes, but overall have done a good job. (1277 responses) 12.5% They have made many mistakes, but also accomplished some good things. (914 responses) 60.3% They have been mismanaging the nation on almost all counts. (4418 responses) 7324 total responses
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Klein, Shaw's office clash over hate-crimes measure
By Brian E. Crowley, Palm Beach Post Political Editor Tuesday, September 20, 2005 Democratic state Sen. Ron Klein accused Republican U.S. Rep. E. Clay Shaw of backing "ultra-conservatives" in Congress by voting against expanding hate-crimes legislation. Klein, who is running for Shaw's congressional seat, said Monday that every member of South Florida's congressional delegation voted for legislation last week that would have expanded the federal hate-crimes law to include sexual orientation, disabilities and gender. Although that is true of Palm Beach, Broward and Miami-Dade members of Congress, Klein's media release left out the fact that 14 of Florida's 25 members voted against the proposed amendment to HR3132. The vote on the amendment had 14 Republicans voting against and four Republicans voting in favor. All of Florida's seven Democrats voted for the amendment. In Congress, the vote for the amendment was largely on party lines, with 223 voting for it and 199 voting against the amendment. "This hate crimes legislation is noncontroversial and a matter of common decency," said Klein, of Boca Raton. "It is unconscionable that in South Florida, Mr. Shaw continues to be a rubber stamp for Tom DeLay and the ultra-conservatives in Congress." DeLay, of Texas, is the House majority leader. In a statement, Shaw spokeswoman Gail Gitcho said Klein is ignoring the facts and playing politics. "If Ron Klein would have listened to the debate on the amendment, he would not have allowed that release to go out with his name on it," Gitcho said. "Every crime is a hate crime. People in this country are held responsible for their actions, no matter their thoughts or motivations behind the crime." Here's how the local delegation voted: Mark Foley, R-Jupiter, Alcee Hastings, D-Miramar, and Robert Wexler, D-Delray Beach, all voted yes. Shaw, R-Fort Lauderdale, voted no.
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Florida Senator Klein Criticizes Clay Shaw's Pro-Discrimination Vote
STATEMENT FROM SENATOR RON KLEIN (D-FL) ON CLAY SHAW’S PRO-DISCRIMINATION VOTE "Nothing is more American then affirming the belief that all people are created equal. That is why it is so important to end all types of discrimination. Last week the United States House of Representatives had the opportunity to vote on a moderate piece of legislation. HR 3132 expanded federal hate crimes law to include sexual orientation, disabilities and gender. Every member of the South Florida Delegation, Republicans and Democrats alike, voted for this common sense bill, except Congressman Clay Shaw. This is a bill that passed in the Republican led congress with bipartisan support. I am running for Congress because it is time Florida’s 22nd congressional district had a congressman that recognizes that every single person is important. This hate crimes legislation is non-controversial and a matter of common decency. It is unconscionable that in South Florida, Mr. Shaw continues to be a rubberstamp for Tom Delay and the ultra-conservatives in Congress. There are many important issues facing our state and our country. Congress can and should play a role in actually helping to address problems and plan for the future. Some of these issues include, the protection of Social Security; affordable, quality health care; economic development and high-wage job creation; addressing sky rocketing home owners insurance premiums; and planning a clear 21st century energy policy that addresses rising gas prices. This is not the time in Congress to take divisive and backward votes that do not reflect the people of South Florida."
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Survivor Rights after Hurricane Katrina
To Survivors of Hurricane Katrina, and potential hurricane victims in Florida: If you or someone you know is being denied help or being mistreated based on sexual orientation, gender identity or HIV status, Lambda Legal may be able to help. While we are not a relief agency or a general legal services firm, we have extensive experience helping people from all walks of life who are facing discrimination, particularly in times of crisis. For example, after the September 11th attacks, we pressed both public and private agencies to stop discriminating against lesbian and gay survivors because they were not married to their lost loved ones. We learned how important it is to insist that relief agencies treat all people in need with compassion and to ensure that those agencies do not discriminate based on sexual orientation, marital status, gender identity or HIV status, since tragedy does not. More info at: Click here to view/print PDF file of this factsheet.From Lamba Legal
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Maine Needs Our Help
Maine Won't Discriminate Once again, the state of Maine has to spend their resources fighting a right-wing initiative that seeks to overturn anti-discrimination laws designed to protect the GLBT community. In the mid 90’s they were forced to fight a similar attempt, which sought to overturn the anti-discrimination laws that had been passed by several Maine communities. That effort was narrowly defeated. Now they are forced to make another stand, but this time the stakes are much higher. This year the Maine legislature and Democratic governor enacted state-wide protection against discrimination based upon sexual orientation.
Consider this a personal appeal as well, as I was living in Maine during the first initiative and was never prouder when we prevailed. To this day, I have framed on my wall the bumper sticker from that campaign, also called, “Maine Won’t Discriminate.”
Like any campaign, this effort is going to take money to fight the negative campaign that will be waged by the radical and religious right. I’d encourage you to take a moment, visit their web site and learn about their efforts, see what you can do to help keep our freedoms in this great state and contribute to support their effort. I have every confidence the people of Maine will do the right thing again, but we can’t afford to be complacent. Support them now.
http://www.mainewontdiscriminate.com
Thank you,
Bill Vayens Secretary, Florida GLBT Democratic Caucus
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Domestic partner registry advances
Some officials worry about health plan By Anthony Man South Florida Sun-Sentinel Staff writer Posted September 14 2005 Palm Beach County took a step Tuesday toward joining several Florida governments offering domestic-partnership registries for gay and lesbian couples who can't get married, as well as straight couples who choose not to. But several county commissioners were skittish about a companion proposal to grant benefits including health insurance to the domestic partners of 6,000 county employees under the commission's control. More than 3,200 Sheriff's Office and 750 Clerk's Office employees already have such benefits under decisions made by the independently elected officials who run those agencies. Half the Fortune 500 companies, as well as several governments in Florida and elsewhere, provide such benefits. But Commission Chairman Tony Masilotti said he was concerned about cost and fraud. Based on experience reported by other governments and businesses, the county's Risk Management Department estimated that offering domestic-partner health insurance would increase health coverage costs 1 percent to 2 percent or $450,000 to $950,000 a year. The high estimate is less than three one-hundredths of 1 percent of the $3.25 billion county budget. Masilotti, citing his experience as a State Farm insurance agent, predicted it could cost $20 million a year. He raised the specter of extensive fraud, offering a scenario in which a county employee might take a payment of $50,000 to falsely claim a domestic partnership with someone who has a condition that would cost $1 million to treat. He said he wanted to know "if individuals have abused the system by inappropriately declaring someone as their partner? Do they rotate them in? Has anyone been caught for fraud? Does anybody sell those benefits?" Several other commissioners then said they, too, needed more information to ensure that people who get benefits really are domestic partners. Commissioner Karen Marcus was hesitant for other reasons as well. "Sometimes when you have young couples, there just needs to be a longer term relationship. They should get married," she said. Commissioners Jeff Koons and Mary McCarty were the only unequivocal supporters who wanted to proceed immediately. They said private businesses wouldn't offer the benefits if they were terribly costly or there was a fraud problem. Commissioners told county staffers to return quickly with answers. That way, if the benefits are offered, the program could be launched next month during the annual open-enrollment period for health plans. There was consensus for Palm Beach County joining Broward County, Key West, Miami Beach and West Palm Beach in offering a domestic-partnership registry. The proposal would grant registered partners the right to visit each other in hospitals and jail, make health-care decisions for incapacitated partners, decide on funeral and burial plans and participate in educational decisions involving a partner's children. Rand Hoch, founder of the Palm Beach County Human Rights Council, a gay rights organization, said the biggest users could turn out to be elderly heterosexual couples who don't want to get married because it could interfere with pensions or Social Security. Commissioners also told the county staff members to work with the League of Cities in an attempt to secure support for a countywide ordinance that would be binding within cities, towns and villages rather than simply in unincorporated areas. Anthony Man can be reached at aman@sun-sentinel.com or 561-832-2905.
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Let the Broward School Board know where you stand
This issue is going to be decided this Tuesday 9-13-05, please contact any school board member and let them know you support it. Email: Schoolboard@browardschools.comResolution Unanimously Passed by Council of Club PresidentsResolution addressing Non-Discrimination Policy of School BoardThe Democratic Party is dedicated to the preservation and establishment of equal rights for all Americans. At no time is it acceptable to facilitate, nor tolerate the violation of any American's civil rights for political gain. There was and still is a shameful part of our American experience that targeted discrimination and injustice based on a person's race; it is equally unacceptable when directed toward the GLBT, or any other, community. At no time is it acceptable for an elected School Board member in Broward County to appoint or hire anyone who would seek to restrict or eliminate the civil rights of any group of people. Discrimination and intolerance are not part of the message that should be instilled in the youth of today. It is time that we lead and teach by our own positive examples. As provided in Section 1.5, Sub-Section 3a of the Broward County School Board Policy "The School Board of Broward County, Florida prohibits any policy or procedure which results in discrimination on the basis of age, color, disability, gender, national origin, marital status, race, religion or sexual orientation. The School Board is committed to providing schools that promote cultural diversity, tolerance, and fair play, and reinforce the positive tenets of a democratic society." It is imperative that the non-discrimination policies of the Broward County School Board be enforced and utilized for the protection and education of all students and staff. It is also imperative that all members of the School Board and its' committees be required to abide by these policies as well as receive diversity training. We are hereby supporting that the following changes be made to Section 1.7, Article 8 of the Broward County School Board policy: The School Board Member shall communicate with their appointee to ensure that they appropriately represent the view(s), opinion(s), and direction(s) of the School Board Member. All appointees must agree to abide by the non-discrimination policies of the Broward County School Board and the rules of conduct for meetings as provided by Robert's Rules of Order (New Revised). Any appointee who refuses or willfully fails to abide by the non-discrimination policies of the School Board may be removed by a majority vote of the Board. Resolution unanimously passed by Council of Club Presidents on 9/10/05 Resolution brought by Melissa Fojtik and Michael Albetta
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Take a moment and call Gov. Schwarzenneger
Gov. Schwarzenneger has vowed to veto the California Marriage Equality bill passed this week by the California Assembly. Please take a moment to leave your opinion on his automated system. Call the Governor's office at 916-445-2841 and push 2, then 1, then 1 to express your support for this important legislation.
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Couples, Tell Us Your Stories!
The American Civil Liberties Union is looking for gay couples to help us in the fight against the proposed amendment to the Florida constitution that would ban same-sex marriage and other forms of legal recognition of same-sex relationships. Stories of real couples are what put a face on the issue and help change public and legal opinion. Your stories can compel voters to say no to discrimination. Please complete our couples survey. Your name and contact information will be kept safe with us. We may share your general story with advocacy groups such as Human Rights Campaign, Freedom to Marry, Equality Florida and others in a combined effort to show America that real gay couples deserve the protection of marriage equality. We will always contact you first for permission if we are interested in using your story for litigation or media purposes. We are taking information from all lesbian and gay couples, but would especially like to hear from couples who are receiving and relying on domestic partner benefits from government employers and are in jeopardy of losing these benefits if the amendment passes. We are also interested in hearing from couples with children, couples who are seniors over age 60, couples who are non-Caucasian, couples in interracial relationships, and couples who can demonstrate harm due to not being able to marry (i.e. denial of hospital visitation, denial of health insurance, challenge of will/estate, etc.). If you are a surviving partner, we also encourage you to respond. Thank you for taking this important step to fight this harmful amendment. To tell us your story, visit:
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Stonewall Democrats form Suncoast Chapter
08/28/05 The Suncoast Stonewall Democrats had their first meeting on Tuesday, Aug. 9. "We want to establish a voting block," Bryan Worthington, president of the group, said. The Suncoast Stonewalls are a grassroots organization that is affiliated with the Florida Gay, Lesbian, Bisexual and Transgender Democratic Caucus and the National Stonewall Democrats. The group's roots go back not too long ago, when it was illegal for gay Americans to congregate. In New York it was even illegal to serve alcohol to known homosexuals. These laws made The Stonewall Inn and Bar in Greenwich Village an easy target for police, since it was well known as gathering place for homosexuals. Routine raids of the bar were often conducted by police. For some time the gay community sat by and let this happen. One night -- June 27, 1969 -- they got tired of being pushed around. When police came into the bar for their second routine raid of the week, people fought back. General protests turned into an uncontrollable riot. Shortly after this event a small group of New York's gay community organized with the goal to protect the rights of gay men and women and eliminate anti-gay laws. Reaching more people The initial purpose of forming the Suncoast Stonewall Democrats was to educate the Suncoast GLBT community on the differences that exist in the political parties. Other focuses are mobilizing the community to get out and vote and to stand up for their rights when they are attacked. When the first meeting began and members spoke their piece, new goals were added to the list. Only 16 members attended the organizational meeting. This disappointing turnout led to a discussion of how to draw out the GLBT community and pull them together for a common cause. Members were certain that there were more than 16 homosexual Democratic individuals in the area. With Republicans being the majority in Sarasota County, however, it was not much of a surprise that people might be afraid to make their homosexuality or Democratic party preference known. Among the small group of attendees was Mike LeFevers, an "out" gay male who is living with HIV. He is also running for the U.S. House of Representatives, District 13, for 2006. He believes that a key focus of this group should be to eliminate the idea that homosexuals are different from anyone else. "We settle for tolerance, not acceptance," LeFevers said. "We are just like everyone else ... the gay issue is not going to be an issue for my campaign; it's a people issue." Members said they are tired of gay stereotypes. They agreed that "gay" does not describe who they are, just their sexual preference. One couple told the group that they were sick of people asking which one of them was the wife. The rest of the membership nodded their heads in agreement. Most of them had experienced the same thing. The organization will do whatever it can to crush stereotypical ideas about homosexuals. Another message that the organization decided needed to be stressed was that the membership was not limited strictly to homosexuals. The organization is open to any registered Democrat in Sarasota, Manatee, Charlotte, Desoto or Hardee County who is on board with the mission of the group. Judgment from the Republican side The Suncoast Stonewalls may expect some criticism from the Republican side. Bob Waechter, head of the Republican Party of Sarasota, seems to think that this new group is unnecessary. "My first take would be that this is another try by the Democrats at reinventing themselves as they see their party becoming increasingly inconsequential," Waechter said in an e-mail interview. Although the assumption may be that all homosexuals are Democrats, this is not the case. In fact, there is a Republican gay rights organization as well, The Log Cabin Republicans. This group has the same type of goals and visions as the Suncoast Stonewalls. Apparently the Log Cabin group is not extremely well known, as Bob Waechter was not aware of its existence. "As to your question if the Republican Party had any sort of similar group, we don't need one," Waechter said in an e-mail interview. "Our core values and our party platforms reflect the beliefs and goals of our base. We don't need to reinvent ourselves." For more information about the Suncoast Stonewall Democrats, visit SuncoastStonewallDemocrats.org. By Christina Elwell Staff Writer © 2005 All rights reserved. Your Local Internet Service Provider A division of Sun Coast Media Group Inc. Publishers of the Sun newspapers. http://www.sunline.net/
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