Florida Secretary of State Letter

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FLORIDA DEPARTMENT Of STATE

RON DESANTIS CORD BYRD


Governor Secretary of State

November 7, 2022

VIA EMAIL ONLY: [email protected]


Mr. John “Bert” Russ
Deputy Chief & Elections Coordinator
Voting Section
Civil Rights Division

Re: U.S. Department of Justice (“DOJ”) Election Monitoring Program in


Florida

Dear Mr. Russ,

Earlier today, the Florida Department of State received copies of your letters to
Miami-Dade and Broward Counties in which you seem to indicate that the Department
of Justice will send monitors énside polling places in these counties. We also understand
you sent a similar letter to Palm Beach County.

But Department of Justice monitors are not permitted inside a polling place
under Florida law. Section 102.031(3)(a) of the Florida Statutes lists the people who
“may enter any polling room or polling place.” Department of Justice personnel ate not
included on the list. Even if they could qualify as “law enforcement” under section
102.031 (3)(a)6. of the Florida Statutes, absent some evidence concerning the need for
federal intrusion, or some federal statute that preempts Florida law, the presence of
federal law enforcement inside polling places would be counterproductive and could
potentially undermine confidence in the election.

Indeed, your letters do not detail the need for federal monitors in these counties.
None of the counties are currently subject to any election-related federal consent

Office of the General Counsel


R.A. Gray Building, Suite 100 + 500 South Bronough Street * Tallahassee, Florida 32399
850.245.6536 * 850.245.6127 (Fax) * DOS.MyFlorida.com
decrees. None of the counties have been accused of violating the rights of language or
racial minorities or of the elderly or disabled.

Your letters simply provide a non-exhaustive list of federal elections statutes as


the basis for this action without pointing to any specific statutory authorization. When
asked for specific authorization during our phone call this evening, you did not provide
any. Accordingly, the Florida Department of State invokes its authority under section
101.58(2) of the Florida Statutes to send its own monitors to the three targeted
jurisdictions. These monitors will ensure that there is no interference with the voting
process.

You have my cell phone number. Please let me know how best to coordinate
with your team as Florida works towards another smooth election day.

Sincerely,

Dead Me Vay

Brad McVay
General Counsel
Florida Department of State

ce: Hon. Christina White (and her counsel) via email


Hon. Joe Scott (and his counsel) via email
Hon. Wendy Link (and her counsel) via email

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