Florida Elections Bill Heads to 3rd Reading in the House (Sans the Onerous Commissioner Elections Language)

Watching SB 90 and HB 7041 over the last month finally take shape has been the epitome of sausage making.   We like how it turns out, watching the process of making it-----not so much... 

Yesterday the Florida Senate passed their version of this year's big priority among Republicans nationawide ---an Elections Administration Bill---- largely along partisan lines and via a 23-17 vote.  All Democratic Senators along with one Republican voted against this bill.  But it passed the Senate.

The House version was similar, but it had a very onerous provision attached that really amounted to a poison pill.  This provision would have required that all commissioners in non-charter counties that are voted by single member districts run again next year--to include those of us that just won fresh 4-year terms in 2020.  It was a horrible idea, the language was unconstitutional, and it would have been problematic.

No, not problematic---It would have been a disaster ---had that language made it into the final bill under consideration presently.  

But this language was never in the Senate Bill, and last night at 1:33 AM the House Sponsor--seeing the Senate got their own bill over the line--- offered a strike all amendment that removed this punitive language that targeted duly elected county commissioners and instead adopted the Senate's  Bill language.

That was a good move, and the smart play.  Several State Senators (and more importantly, their legislative liaisons, had been made aware of the language in the house bill that was targeting county commissioners--and it appears the Senate had no appetite whatsoever to pick this fight unnecessarily...as that language, again, was NEVER considered in their bill)

So after a flurry of  Democratic amendments were considered and voted down today--House bill sponsor, Representative Blaise Ingnolia, was able to get his strike-all amendment passed forward to a third reading tomorrow on the House floor---at which point is looks all-but certain that the Senate's bill language will win the day, and will be passed by the House and subsequently make it's way to the Governor for his consideration.

Although it would seem counterintuitive that Governor DeSantis would support this bill--I have heard from some sources that he does not favor this bill.  So we will see what happens after the third reading tomorrow.

Meanwhile--those of us commissioners around the state (nearly 100) who would have had to re-run had this original language remained, can all breath a collective sigh of relief.  

That's not going to happen.  At least it does not appear likely this go round..

And that is a good thing.  

A Wrench in the Works?

Could all five County Commissioners in Escambia County be up for election together in 2022.... or 2024??

Commissioners were notified late yesterday afternoon about a late add-on to a committee bill in Tallahassee that could have big consequences on next year's elections for county commissioners statewide, to include those of us elected to serve in Escambia County.

Senate Bill 90 is related to elections and election administration.

Some folks are opposed to it, many support it, and still others like some provisions contained in the bill and not other components in the proposed legislation.

The related bill, Proposed committee bill 21-05 expands upon SB 90 in a big way.  

And on the very last page of this house committee bill, a major paragraph was added having to do with  the way County Commissioners elected in single-member districts statewide will be elected going forward:  

"Notwithstanding the terms provided elsewhere in

 law, at the election immediately following redistricting

 directed by s. 1(e), Art. VIII of the State Constitution, each

commissioner elected only by electors who reside in the district

 must be elected and terms thereafter shall be staggered as

 provided in s. 100.041.

Section 26. This act shall take effect July 1, 2021."

In a nutshell, this language appears to stipulate that ALL commissioners representing single member districts (28 counties in Florida will be affected) must stand for election in the first election after the constitutionally-mandated redistricting necessitated by the decennial census every ten years--meaning for some commissioners their 4-year terms will be sliced in half.  In Escambia County, this would mean Districts 1,3, and 5 would have to stand for re-election again in 2022 -two years ahead of time- and once more in 2024-in order to achieve the "staggering" of terms indicated in Florida statutes.  If enacted, this would result in three commissioners locally being made to stand for election three times in the span of 4 years.  This would be required if this bill passes with this language in tact and if we complete the redistricting this year.  

Page 6 of the House Committee's analysis of the impacts of this provision of the legislation sums up the issue very succinctly:

"Effect of Proposed Change:  The bill provides that in the next election following each constitutionally required, decennial redistricting, a commissioner for each district must be elected again and terms will be staggered as provided in s. 100.041. This will divide in half the four-year terms of 2 or 3 single-district commissioners in each county, with even or odd numbered districts affected depending on the redistricting year. The change will not affect at-large commissioners or district commissioners elected county-wide."

County Commissioners from 28 Counties in Florida may be tremendously, negatively  impacted by a one-paragraph "add-on" to a House Committee Bill if that language, the final paragraph language in PCB 21-05, stands and becomes law.  Timing of the re-districting plans will become the new thing to watch...

Then it would all come down the the redistricting timeline.  

Under Chapter 124.01 (3) Florida Statutes, redistricting for County Commission districts "shall be made only in an odd-numbered years."  It is supposed to happen this year.  If it could not be completed this year, it appears it would have to move to 2023 to comport with Chapter 124--meaning the onerous provisions of SB 90's House bill 21-05-- would fall on districts 2 and 4 locally in the election the following year, 2024.

But wait just a minute, hold on.......Could redistricting really take that long though?

Uh, yes, it could......  

Because of the COVID-19 Pandemic--the US Census Bureau is way, way behind schedule in delivering us the data we will need locally in order to draw new district boundaries.  It looks as though we may not even get this data until late September or early October!  Taking into account the lost week in November to Thanksgiving, and the two weeks lost in December to Christmas and New Years--that would only give us about 9 weeks to do the research, have hearings, take input, hold joint meetings, meet and workshop with the Supervisor of Elections' staff,  advertise, and vote on the new boundaries.  

That is a really, really aggressive and compact timeframe that may not be achievable.

10 years ago when I was on the school board--the county, school board, and ECUA took about 7 months in total to redraw the commissioner, school board member, and ECUA districts in Escambia County that were ultimately adopted in September of that year.  It was a time-consuming, citizen involved, drawn-out process--but we did it right and it did not get challenged in court.  

If we rush it to meet a deadline--to complete this task in 2021 (the "odd" year stipulated in the state constitution) there is no telling what the ramifications could be if the new districts draw challenges or lawsuits.

So it will be interesting to watch, going forward, whether that language in SB 90 and it's related committe bill in the house 21-05-- survives the session.

If it does, the next thing to watch is this:  

When will counties statewide complete the redistricting process?   A rush-job in COVID-19 wracked 2021, or deliberatively with all data and plenty of time in  2023?