-Caveat Lector-

Fla. Vote Rife With Disparities, Study Says

<http://www.washingtonpost.com/wp-dyn/articles/A20918-2001Jun4.html>

Rights Panel Finds Blacks Penalized

By Robert E. Pierre and Peter Slevin
Washington Post Staff Writers
Tuesday, June 5, 2001; Page A01

Florida's conduct of the 2000 presidential election was marked by
"injustice, ineptitude and inefficiency" that unfairly penalized minority
voters, the U.S. Commission on Civil Rights has concluded in a report that
criticizes top state officials -- particularly Gov. Jeb Bush and Secretary
of State Katherine Harris -- for allowing disparate treatment of
voters.Unequal access to modern voting equipment and "overzealous efforts"
to purge state voter lists most harshly affected African Americans in the
state that decided the November election for President Bush, the commission
declared in a 167-page final draft report obtained by The Washington Post.
The inquiry found no "conclusive evidence" that officials "conspired" to
disenfranchise minority and disabled voters. Fifty-four percent of votes
rejected during the Florida election were cast by black voters, according
to the report, scheduled for a commission vote Friday. African Americans
accounted for 11 percent of voters statewide. "The disenfranchisement was
not isolated or episodic. State officials failed to fulfill their duties in
a manner that would prevent this disenfranchisement," said the report, the
product of a six-month investigation. "Despite the closeness of the
election, it was widespread voter disenfranchisement and not the dead-heat
contest that was the extraordinary feature in the Florida election."."The
commission -- composed of four Democrats, three independents and one
Republican -- is poised to ask the U.S. Department of Justice and the
Florida attorney general's office to investigate whether federal or state
civil rights laws were violated. The commission is charged with
investigating possible violations -- intentional or unintentional -- of the
federal Voting Rights Act and other civil rights protections. Advisers to
Gov. Bush and Harris were angered yesterday by the report's early release.
Harris's spokesman, David Host, called the leak "both fraudulent and
shameful" because Harris's response is not due until later this week. "The
commission had issued a preliminary report several months ago and was
unable to find any evidence of intentional discrimination in the conduct of
the November election," said Katie Baur, the governor's communications
director. "Since that report, the governor has signed into law one of the
most progressive election reform bills in the nation. We will have no
further comment until our office receives a copy of the final report."."The
Florida attorney general's office is investigating "possible civil rights
violations stemming from the election," spokesman Joe Bizzaro said
yesterday. "We're going to give due consideration to whatever is requested
by the commission."."Florida's election problems have been scrutinized
since Election Day. A bipartisan task force appointed by Gov. Bush
concluded that the November election was marred by systemic
inconsistencies. That report cited unreliable voting machines, improper
counting of absentee ballots and inaccurate databases that allowed
unregistered voters to vote while preventing legal voters from casting
ballots. A computer analysis by The Post showed that the more black and
Democratic a precinct, the more likely it was to suffer high rates of
invalidated votes. No inquiry so far has been as broad as that conducted by
the commission -- or as specifically focused on the rights of minorities.
The commission held three days of hearings, interviewed 100 witnesses and
reviewed 118,000 documents. Some of the key findings:
--African Americans were nearly 10 times as likely as whites to have their
ballots rejected. Poor counties populated by minorities were more likely to
use voting systems that rejected larger percentages of ballots than more
affluent counties.
--Some Hispanic and Haitian voters were not provided ballots in their
native languages, and physical barriers sometimes kept disabled voters from
entering polling sites.
--There were no clear guidelines to protect eligible voters from being
wrongly removed as part of a statewide purge of felons, people with dual
registrations and the deceased.
--Elections supervisors in the counties with the worst problems failed to
"prepare adequately" for the election or demand adequate resources.
--The Florida Division of Elections failed to educate Florida's residents
on the mechanics of voting.
The report, and its executive summary, were particularly critical of the
roles played by Gov. Bush and Harris. Bush was chided for a failure of
leadership -- for example, rejecting a $100,000 budget request for voter
education. Harris was criticized for claiming that she had only a
"ministerial" responsibility for elections. "While she described her role
in the policies and decisions affecting the actual voting as limited, she
asserted ultimate authority in determining the outcome of the vote count,"
the report said. R. Doug Lewis, director of the Houston-based Election
Center, said Harris and Bush had limited control over the 67 county
supervisors. The commission showed "a lack of understanding about how the
process works," he said. "In all fairness to Secretary Harris and all other
secretaries of state, until state legislatures give them very specific
authority for enforcing actions over local authorities, there is no legal
basis for them to do it."."NAACP President Kweisi Mfume,  said the report
supports the complaints of minority voters. "The report underscores
officially what most of us have known all along," Mfume said. "Not only was
there widespread disenfranchisement, there was also a kind of widespread
acceptance that the less done about it the better."

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