• Early Voting: A Violation Of Florida's Constitution

    March 11, 2024

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    Over the past 20 years, alternatives to traditional Election Day voting have been introduced with increasing frequency. Florida was once "provisions to allow the elderly, infirm, and those out of the state to vote…before election day" have been significantly expanded. These alternatives include liberalization of absentee ballot laws, vote-by-mail (VBM) elections, and in-person early voting.

    Florida, like many states, has been pulled away from its roots of law and order in the name of convenient voting. The rule of law, which is rooted in the US and state constitutions, is vital to the longevity of our constitutional Republic. Florida has a Constitution that specifically defines when the election(s) day is.
    According to Article 6, Section 5 of the Constitution, Florida elections are designated to occur on a specific day. https://www.flsenate.gov/Laws/Constitution#A6S05

    SECTION 5. Primary, general, and special elections.—
    (a) A general election shall be held in each county on the first Tuesday after the first Monday in November of each even-numbered year to choose a successor to each elective state and county officer whose term will expire before the next general election and, except as provided herein, to fill each vacancy in elective office for the unexpired portion of the term. A general election may be suspended or delayed due to a state of emergency or impending emergency under public law. Special elections and referenda shall be held as provided by law.
    (b) If all candidates for an office have the same party affiliation and the winner will have no opposition in the general election, all qualified electors, regardless of party affiliation, may vote in the primary elections for that office.

    As we approach the upcoming election, we must uphold the sacred principles enshrined in our state constitution. Recent actions by election officials have undermined these principles by illegally extending our election times.

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    Early voting, a practice implemented in Florida in response to the 2000 election, goes against the very principles of our Constitution. The state legislature defined early voting as casting a ballot before election day at a location designated by the supervisor of elections. However, this practice was different from the intent of our Constitution.

    "We, the people of the State of Florida, being grateful to Almighty God for our constitutional liberty, to secure its benefits, perfect our government, insure domestic tranquility, maintain public order, and guarantee equal civil and political rights to all, do ordain and establish this constitution." https://www.flsenate.gov/laws/constitution

    The passage of legislation standardizing early voting throughout the state was intended to fix specific problems and improve voting for Floridians. However, the integrity of our elections and the rule of law under our state constitution, which was disregarded, must be upheld.

    We must examine the reasons to understand the motivation behind the push for early voting. While some argue that early voting increases voter turnout, it is crucial to remember that our Constitution is the ultimate authority on voting procedures. Furthermore, early voting has kept voter turnout the same.
    Get out the Vote (GOTV) became Get Out the Vote Early (GOTEV)
    Calculating and Tracking Vote Numbers

    Beyond its constitutional violation, early voting carries negative consequences:
    Prolonged Campaign Season: It prolongs the campaign season, subjecting candidates to a protracted campaigning period and potentially diluting the impact of their messages.

    Election Fatigue: It creates election fatigue among voters, who may feel less invested in the process due to the extended voting period.

    Erosion of Election Night Excitement: Early voting diffuses the excitement of Election Day, diminishing the sense of community and civic engagement that typically accompanies the culmination of the campaign season.

    Findings about this have been controversial: there is no clear evidence that early voting always increases turnout, and at least one recent study (Smith and Comer 2005) suggests that it may depress turnout.

    There is no significant difference in turnout for the 2004 and 2008 general elections when compared historically with other general elections held in previous presidential election years. A similar statement can be made regarding the 2006 general election in comparison to turnout for other midterm election years. It is apparent that early voting has not facially had a significant impact on overall voter turnout. It undermines the integrity of our electoral process. Elections are no longer a one-day affair.

    In 2019, the Delaware General Assembly passed a law that permitted early voting in person at least ten days before the general election day. This violated the state's Constitution, requiring the general election to be held on one specific day.

    In a recent landmark decision, a Delaware court has ruled that state laws allowing for early and permanent-absentee voting violate the state constitution. The Superior Court of Delaware ruled on Friday that a 2019 law passed by the state legislature, which permits ten days of early voting, goes against the constitutional mandate that the General Election be held on one day.

    Early voting is not simply a matter of convenience; it violates our Constitution and threatens our Constitutional Republic.
    For more information on the Florida State Constitution and its election regulations, please visit here and here.

    We urge all Florida citizens to speak out against this unconstitutional practice. Contact your elected officials and demand an immediate end to early voting. The integrity of our elections and the rule of law must be upheld.

    Recently, on the national stage, New York City, along with other cities, said illegals can vote in a municipal election, turning illegals into voters. Extending votes and vote time equals less transparency. Speaker Mike Johnson says that 2.4 million people pouring into the border is furthering election issues. "Our Constitution has a problem with it because elections are to be decided by American voters, not illegals." We are losing our country.

    Daniel Webster stated, "It is hardly too strong to say that the Constitution was made to guard the people against the dangers of good intentions…There are men of all ages…who mean to govern well, but they mean to govern…They think there need be but little restraint upon themselves…"

    The Florida State Constitution was created to direct our state reasonably and orderly. If there is a tension between convenience and following our state constitution, we must adhere to our Constitution and refrain from overreaching. As long as all parties follow the "rule of law," just and consistent decisions will be made. When the Constitution is ignored, we become a nation of men, not laws.

    There are provisions for amending the Constitution. This process allows for legal and binding changes to the Constitution. However, the amendment procedure never occurred to allow early voting.

    If we wish to "amend the state constitution," we must go through the amendment process and not just make "laws" to change it. There is very little restraint regarding elections in our Florida State Constitution. One particular restraint is "the day" in which we should vote. For the General Election, our Florida State Constitution gives the exact "day" on which we should vote.

    If the Constitution is not strictly followed, the foundation of law and order will erode, creating a very real and serious threat to our Republic.

    This is not a debate about how to run elections.

    This is the challenge to "right the wrong." The Florida State Legislature must return to our constitutional mandate of one-day voting.

    Correct what happened, adhere to our Florida Constitution, and return to one-day voting.


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    4 months ago

    gee follow the written law, what a unique idea /s

    4 months ago

    SECTION 1. Regulation of elections.— All elections by the people shall be by direct and secret vote.

    Considering the above clause from Artixle XI of the Florida State Constitution it appears that vote by mail is also unconstitutional.

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