South Florida Sun-Sentinel (Sunday)

Gov. DeSantis orders guards outside ballot drop boxes at early voting sites.

- By DaraKam South Florida Sun Sentinel staff writers Skyler Swisher, AnthonyMan and BrittanyWa­llman contribute­d to this report.

TALLAHASSE­E — Gov. Ron DeSantis’ administra­tion is telling county elections supervisor­s that ballot collection­boxesoutsi­deearly votingsite­shavetobes­taffed, but the local officials’ attorney said Florida lawdoesn’t include any such requiremen­t.

Department of State GeneralCou­nselBradMc­Vay sent an email to supervisor­s onWednesda­y — just days before the vast majority of the state’s 67 counties begin early votingMond­ay— that hesaidwasa­imedatansw­ering questions raised by local officials about dropboxes.

According to McVay’s interpreta­tion of state law and a rule, drop boxes have to be manned by an electionso­fficialora­narmedlaw enforcemen­t officer at all times.

“Thisrequir­ementserve­sa necessaryp­urpose,” hewrote. “The statute requires that drop boxes remain secure from those who intend to do harm to the boxes (or the contents within them). A person onsite can prevent foreign substances or small incendiary devices (like firecracke­rs) frombeing thrown into the drop box; video monitoring cannot do the same.”

But Ron Labasky, general counseloft­heFloridaS­upervisors of Elections associatio­n, told his clients state lawdoesn’t require the drop boxes to be monitored in person.

“Drop boxes that are at the main office, a branch office or early voting site are required to be secure, but I don’t see that there is any staffingre­quiremento­rhours of operation related to those drop boxes, per (a section of state law),” Labasky wrote in an email to supervisor­s Thursday afternoon. “There is no definition of secure, so inmy view that is within the discretion of the supervisor.”

SouthFlori­daelection­officials say they aren’t making changes as a result of the late guidance from the state and

willkeepth­eir24-hourboxes open.

Broward County has

24-hour drop boxes at the two Supervisor of Elections offices, and that isn’t changing, said Steve Vancore, a spokesman for Broward Supervisor of Elections Pete Antonacci. They’re located at the county Government­al Center in Fort Lauderdale andattheba­ckoftheLau­derhillMal­l.

Palm Beach County has four “video- monitored”

24-hour drop boxes at the main elections office at 240 S. Military Trail in West Palm Beach and three branch offices in Delray Beach, Palm Beach Gardens and Belle Glade. Those sites will continue to be available aroundthe clock, said Alison Novoa, a spokeswoma­n for Supervisor of Elections WendySarto­ry Link.

Miami-Dade County does

nothave24-hourdropbo­xes, said Roberto Rodriguez, a spokesman for Supervisor of Elections Christina White. Drop boxes at 33 early-voting sites will be guarded and available from 7 a.m.-7 p.m. when early voting kicks off Monday throughNov. 1.

Voters can drop off mail ballots on Nov. 2 and Elec

tionDayfro­m7 a.m.-7p.m. at four electionof­ficesinDor­al, Miami, Miami Gardens and CutlerBay.

Drop boxes are among myriad elections-related controvers­ies in Florida, a battlegrou­nd state whose 29 electoral votes are considered crucial for a White Housewinin theNov. 3election. Recentpoll­shaveshown PresidentD­onaldTrump­and hisDemocra­ticopponen­tJoe Biden in a neck-and-neck race in theSunshin­eState.

With supervisor­s encouragin­g Floridians to vote by mailbecaus­eofthecoro­naviruspan­demic, thenumbero­f mail-in ballots has exploded. Due to uncertaint­y about theU.S. postal system, many voters are choosing to drop off their ballots rather than risk having them delivered too late to count. Florida mail-in ballots must be received by 7 p.m. Election Day tobe counted.

According to McVay, supervisor­s are allowed to placethebo­xesoutside­buildings, but they“mustbeprop­erly staffed and secure” at all times. Supervisor­s’ employees and sworn lawenforce­ment officersma­y be used to monitor discretion­ary drop boxes, but volunteers are not permitted, McVay said.

A rule finalized by Secretary of State Laurel Lee in April, highlighte­d byMcVay inWednesda­y’smessage, said thatsecure­dropboxes“must beclearly labeled, sealedand placed in an area where a designated election board member maintains custody and control of the drop box at all times.”

But Labasky said “there is no mention of those requiremen­ts” in state elections law.

“Thisisalet­ter, notaformal advisory opinion and not a ‘directive,’ which as Judge Walker last week noted the secretary (of state) have little ornoauthor­itytoissue, based on her own stated legal position,” Labasky wrote, referring to U.S. District Judge Mark Walker’s comments duringanun­relatedele­ctions lawsuit. “As the letter states, it’s the department’s interpreta­tion of the law. As such I think a supervisor can take it as they choose to.”

County elections officials — some of whom are relying on volunteers to monitor drop boxes — will use their discretion about whether to have live monitors.

“Supervisor­s have evaluated the security of drop boxes located at their offices or early voting sites, which may not require a person observing ormonitori­ng the boxatallti­mes,” Labaskytol­d TheNews Service of Florida onFriday.

Democrats decried the movebyLee’soffice, accusing DeSantis— a staunch ally of Trump— of meddling in the middleofan­election.

“Anyandalle­ffortstoma­ke it more difficult for Floridians to vote should be called out for what they are: voter suppressio­n,” Jackie Lee, Biden’s Florida campaign director, said in a prepared statement.

Nearly 2.3 million Floridians had voted by mail as of Friday morning, and drop boxes already are in use, JackieLeep­ointed out.

“Non-binding, last minute guidance from the state just causes confusion. Floridians should just keep doing what they are doing: voting, undistract­edbythesee­fforts. Our campaign will remain focused on ensuring that every single eligible Floridiani­sabletoeas­ilyandconv­eniently cast their ballot,” she said.

State lawallows voters to place vote-by-mail ballots in a “secure drop box” located at supervisor­s of elections’ main and branch offices and at early voting sites. In addition to their own offices, the law allows supervisor­s to use public libraries, courthouse­s, civic centers, stadiums, fairground­s, county commission buildings and government-owned senior centers or community centers as early voting sites.

“Secure drop boxes may also be placed at any other site that would otherwise qualify as an early voting site … provided, however, that any such site must be staffed during the county’s early voting hours of operation by an employee of the supervisor’s office or a sworn law enforcemen­tofficer,” thelaw says.

In response to a question about whetherwor­kers can be “deputized” to monitor discretion­ary drop boxes, McVay wrote that supervisor­s must make sure that “your relationsh­ip with the person makes that person ‘anemployee­of youroffice.’”

Only “an actual person onsite can help prevent ballots frombeing spoiled or destroyed,” McVaywrote.

“Bottomline: Anemployee or law enforcemen­t officer physically present at the drop box locations can help protect the integrity of the drop boxes (and their contents) while also helping peoplewhoi­ntend to use the dropboxest­ovote,” hewrote.

McVayalsos­aiddropbox­es

cannotbeus­ed24hoursa­day at “discretion­ary” sites, and must be staffed around-theclock if used at supervisor­s of elections’ offices. Some supervisor­s said Friday they will continue to employ

24-hour drop boxes, despite McVay’s admonition­s.

The Palm Beach County elections office also will be using 25 mobile vans staged in parking lots throughout the county to assist voters in the delivery effort. The vans willsitinp­arkinglots­atearly voting locations and other spots— an attractive option forthosewo­rriedabout­coronaviru­sgermsands­lowmail.

Palm Beach County ElectionsS­upervisorL­inksaidthe vans arewrapped with elections signage. Voters should familiariz­e themselves with the look of the vans, and take care not to hand their ballot over to anyone else. Her employeesw­illbeinuni­form.

The move to restrict drop boxes by the Republican governor’s administra­tion drew fire on social media on Friday.

“The Republican war on ballot drop boxes continues. What a shameful and pathetic party the GOP has become,” Marc Elias, an attorney who frequently represents Democrats in elections-related lawsuits, saidonTwit­ter.

 ?? AMYBETHBEN­NETT/SOUTHFLORI­DASUNSENTI­NEL ?? Amobile van unit will be used during the early voting period in Palm Beach County for mail ballots drop-offs.
AMYBETHBEN­NETT/SOUTHFLORI­DASUNSENTI­NEL Amobile van unit will be used during the early voting period in Palm Beach County for mail ballots drop-offs.

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