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Florida Election Officials Oppose New Ballot Rule

Secretary of State Cord Byrd’s agency has new rules for disposing of “spoiled” ballots. | Gary Fineout/POLITICO

Election officials in Florida have raised concerns over a new ballot rule proposed by the administration of Governor Ron DeSantis. This rule, aimed at creating a uniform method for disposing of “spoiled” ballots, has drawn criticism for potentially forcing officials to violate state law or face removal from office.

During a summer conference, multiple election supervisors expressed their worries to top officials from the Department of State. They argued that the proposed rule could infringe on the constitutional right to a secret ballot and put them at odds with activists who often question election validity.

Alan Hays, the Republican elections supervisor from Lake County, voiced his frustration: “We need clarification. These [activists] will take one little bitty thing like that and blow it out of proportion.”

The rule, part of a revised procedures manual, requires poll workers to cut off the four corners of a spoiled ballot and place it in a sealed envelope. This has raised concerns about maintaining voter confidentiality, as noted by Leon County elections supervisor Mark Earley: “You do not touch a ballot that has voter marks on it.”

Joseph Van de Bogart, general counsel for the Department of State, stated that the secret ballot law does not apply to spoiled ballots, a point contested by several supervisors.

Monroe County elections supervisor Joyce Griffin criticized the rule as “shortsighted” and suggested an alternative method where voters rip the spoiled ballot themselves before sealing it. Van de Bogart’s refusal to consider this led Griffin to declare, “now you’ve declared war,” indicating her intent to escalate the issue.

Supervisors are concerned that non-compliance with the new rule could lead to their removal by Governor DeSantis, who has previously suspended local elected officials, including a Palm Beach County elections supervisor.

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