Florida, a state long lauded for its embrace of convenient voting methods, including a robust no-excuse absentee ballot system, has undergone a significant transformation in its election laws. What was once broadly known as ‘absentee voting’ transitioned officially to ‘vote-by-mail’ in 2016, a semantic shift underscoring its widespread accessibility. Yet, recent legislative actions have cast a long shadow over this accessibility, particularly in populous regions like Miami-Dade County, prompting questions about who benefits and who might be disenfranchised by these new rules.
The Legislative Shift Reshaping Florida Elections
The fundamental change arrived with the passage of Senate Bill 90 (SB 90) in 2021, followed by Senate Bill 524 (SB 524) in 2022. These laws, signed by Governor Ron DeSantis, introduced a series of restrictions that notably altered the landscape of voting by mail. Perhaps the most impactful provision of SB 90 was the requirement for voters to re-request their vote-by-mail ballots every general election cycle. This marked a stark departure from the previous system, which allowed a single request to remain valid for two general election cycles, or four years. Consequently, all existing vote-by-mail requests on file expired on December 31, 2022, necessitating a new application from every voter wishing to continue casting their ballot by mail.
Beyond the re-request mandate, the new laws also imposed tighter regulations on ballot drop boxes, now officially termed “Secure Ballot Intake Stations.” These stations are now required to be monitored by election personnel and are only available during early voting hours. Additionally, strict limits were placed on who can collect and drop off ballots for others, permitting only immediate family members and up to two non-family members, each requiring a sworn affidavit. This measure was touted as a crackdown on “ballot trafficking.” Further identification requirements were also implemented for vote-by-mail ballot requests, demanding a Florida Driver License/ID number or the last four digits of a Social Security Number.
In 2022, SB 524 further solidified these reforms by establishing the Office of Election Crimes and Security and mandating annual reviews of voter rolls, reinforcing the state’s focus on perceived election integrity.
Behind the Reforms: A Quest for ‘Integrity’
The driving force behind these significant changes traces back to the aftermath of the 2020 presidential election. Following former President Donald Trump’s unsubstantiated allegations of widespread fraud related to mail-in voting in other states, Republican lawmakers and Governor DeSantis positioned these legislative actions as essential steps to safeguard the integrity of Florida’s elections. This narrative emphasized prevention of potential voter fraud, despite a lack of evidence of systemic issues with the state’s pre-existing mail-in voting system.
Miami-Dade’s Dramatic Decline in Mail Ballots
The impact of these legislative changes has been particularly pronounced in Miami-Dade County, Florida’s most voter-rich region. Data reveals a drastic decrease in vote-by-mail ballot requests. In 2022, approximately 440,000 voters in Miami-Dade were registered to receive mail ballots. By May 2024, that number plummeted to about 194,000.
Christina White, the Miami-Dade Supervisor of Elections, has openly expressed the challenges this new reality presents for election administration. She described the law as “a solution looking for a problem,” highlighting the difficulty in accurately gauging how many residents will vote by mail, which complicates planning for upcoming elections, including key countywide races. The substantial drop-off also disrupts strategies for political campaigns and parties, which historically relied on mail-in voter data for their outreach efforts.
The Human Cost: Who’s Feeling the Squeeze?
The immediate consequence of these reforms falls squarely on the voters, particularly those who have historically relied on the convenience of vote-by-mail. Many individuals, accustomed to the previous system, may be unaware that their vote-by-mail requests have expired and that they must re-enroll. This lack of awareness could lead to unexpected hurdles, leaving voters with the stark choice of missing an election or attempting to vote in person on Election Day, potentially leading to the long lines reminiscent of those seen in Miami-Dade in 2012.
Critics argue that the new regulations disproportionately affect certain demographics. Senior citizens, individuals with disabilities, working-class voters, and minority communities have historically leveraged mail-in voting for its accessibility. The added steps, such as re-requesting ballots and stricter drop-box rules, could create barriers that disenfranchise these groups.
Ironically, some political analysts suggest these changes could even backfire on the very parties advocating for them. Republicans in Florida have also significantly benefited from vote-by-mail in past elections, and the new requirements could inadvertently suppress their own voter turnout. Donald Trump himself, while publicly attacking mail-in voting, has previously voted by mail in Florida.
A History of Evolution and Controversy
Florida’s relationship with vote-by-mail, formerly absentee ballots, has a storied history. The state moved to a “no-fault” absentee system in 2002, allowing any registered voter to request a mail ballot without needing an excuse. However, this method has not been without its controversies. In 2013, an editorial highlighted an attempted hacking incident in Miami-Dade where fraudulent absentee ballot requests were made, underscoring ongoing concerns about election security, even before the more recent legislative overhaul. A 2004 federal lawsuit involving the ACLU also challenged election officials in Miami-Dade and Broward counties over late absentee ballots, illustrating a recurring tension between voter access and administrative deadlines.
Looking Ahead: The Scramble to Inform
As Florida approaches new election cycles, the focus turns to how election officials and political organizations are working to navigate this altered landscape. The Miami-Dade Supervisor of Elections office, despite the challenges, remains committed to adhering to the law and ensuring a secure election. They continue to process requests, with deadlines for the 2024 primary and general elections being August 8 and October 24, respectively. Campaigns and non-partisan groups are now engaged in extensive voter outreach to educate the public about the need to re-request their ballots and understand the new rules regarding drop boxes and ballot return.
Conclusion: Balancing Access and Security
The debate over vote-by-mail in Florida, particularly in Miami-Dade, encapsulates a broader national conversation about election security versus voter access. While proponents argue that the new laws are necessary to prevent fraud and instill confidence in the electoral process, critics contend that they erect unnecessary barriers, making it harder for eligible citizens to exercise their fundamental right to vote. The dramatic drop in vote-by-mail requests in Miami-Dade is a tangible reflection of this new reality. As elections proceed under these tighter regulations, the ultimate test will be whether Florida can maintain its reputation for efficient elections while ensuring that all eligible voters, especially those in diverse and populous counties like Miami-Dade, are empowered to cast their ballots with ease and confidence. The cries in Miami-Dade are not of abolition, but of adaptation, as the county grapples with a new era of voting mechanics and the profound implications for its vibrant electorate.
