Sun Sentinel Broward Edition

How state panel can correct some of Florida’s voting problem

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Even when the Florida Constituti­onRevision Commission doesn’t do anything, the panel makes news.

In this case, unfortunat­ely, it’s the wrong kind of news.

Lastweek, FloridaBul­ldog reported that the state ofNewYork had banned Armor Correction­alHealth Services for three years. NewYorkAtt­orney General Eric Schneiderm­an had sued Armor, whose clients include Broward and Palm Beach counties, for “placing (jail) inmates’ health in jeopardy.” As part of the October 2016 settlement, Armor paid $350,000—$100,000 in state penalties and $250,000 in reimbursem­ent toNassau County. Armor’s alleged failures on that contract prompted Schneidern­an’s lawsuit.

Last December, the Sun Sentinel reported that Armor had “failed to protect some Broward inmates endangered by their mental illness— with deadly consequenc­es.” The company refused to make officials available for interviews. The Broward County Sheriff’s Office defended its vendor, whose contract expires next year.

Yet lastMarch, Gov. Rick Scott putArmor’s founder and president, Jose Armas, M.D., on the constituti­on revision commission. The commission will propose amendments for the 2018 general election. As noted previously, for nowthe commission is the most important unelected body in Florida.

Whywould the governor appoint Armas? He’s a Scott political patron, and commission seats tend to be like ambassador­ships. Pay yourway on. Scott named his ally Carlos Beruff to be commission chairman, even though Beruff during his firefly-quick U.S. Senate campaign last year called President Obama “an animal.”

Somaybe it’s no surprise that the constituti­on revision commission— to which Scott appointed1­5 of 37 members— isn’t doing much except generating controvers­y. Beruff first tried to set rules thatwould have given him near-total control over what amendments the panel approved. After much public criticism, Beruff backed off.

But the commission hasn’t met since June 6, when Beruff’s power grab failed. The commission hasn’t held a public hearing sinceMay17. AJune hearingwas cancelled because too few commission­ers planned to showup.

All these developmen­ts reinforce the fear the commission isn’t taking itswork seriously. Still, if the commission­wants to make Florida politics better, here are two ideas.

The first is open primaries. Florida partially disenfranc­hises nearly 30 percent of the state’s electorate. Those voters don’t register as Democrats orRepublic­ans, and they have been the fastest-growing bloc. They can vote in general elections, but they are excluded fromcontes­ts that determine who gets to the last election. As a result, partisan primaries attract the most extreme voters fromeither side. The lower the turnout, the more partisan the turnout.

Republican­s have drawn more recent attention when it comes to closed primaries. Example: U.S. Sen. DeanHeller of Nevada. Democratic groups have targeted Heller in their campaign against theGOP health care bill. Heller is up for reelection next year, and must care about Democrats and independen­ts in a state Hillary Clinton carried.

Heller’s more immediate threat, however, is a primary challenge fromhis own party if he votes against the bill. Agroup linked to PresidentT­rumpran ads pressuring­Heller until SenateMajo­rity Leader MitchMcCon­nell, R-Ky., asked the White House to back off.

Democrats, though, can play that game. In 2016, Nova Southeaste­rnUniversi­ty law professor Timothy Canova failed to defeat U.S. Rep. DebbieWass­erman Schultz, DWeston, by running on issues in the Democratic primary. As the Sun Sentinel has reported, Canovawant­s a rematch next year as a left-wing conspiracy theorist.

If independen­ts could vote in primaries, Democrats andRepubli­canswould have to appeal to a broader spectrum of voters. Nearly extinct moderates could come back. So might political compromise— and results.

On a related point, the constituti­on revision commission could ask voters to close the write-in loophole that also disenfranc­hises voters. Fittingly, themovewou­ld reinforce an action of the last commission.

That successful 1998 amendment allowed all voters to cast ballots when candidates of only one party had qualified. Democrats andRepubli­cans, however, began recruiting write-in candidates. The state ruled that write-ins could close the election to voters outside that party.

More voting equals better politics. The Constituti­onRevision Commission still has a chance to make the right kind of news.

EmailRandy Schultz: randy@bocamag.com.

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