That's if a federal judge rules in favor of two groups who are seeking to collect signatures to create a civilian oversight panel for the Fort Myers Police Department.
Florida law prohibits petition gathering near polling places, at least within 100 feet. But the law was amended this year to exempt people taking exit polls.
Last week, the American Civil Liberties Union filed a lawsuit on behalf of two groups that want to collect petition signatures in Fort Myers during Tuesday's election. The petition is for a city charter amendment to create a civilian oversight panel for the Police Department. The Florida State Conference of the NAACP and the Citizens for Police Accountability, a Miami political committee formed by the ACLU, are suing Lee County Supervisor of Elections Sharon Harrington and Florida Secretary of State Kurt Browning.
At issue during a hearing Thursday was the right to free speech vs. voters' rights.
Paul McAdoo, a Tampa attorney representing the plaintiffs, argued exit polling and exit petitioning should have equal rights in the law. If news media are able to conduct exit polls during elections, others should be able to approach voters.
'Is there a difference enough to restrict one and not the other?' McAdoo asked U.S. District Judge John Steele. 'You can't pick out one type of speech and not another.'
Steele, who questioned attorneys during the almost two-hour hearing, wondered whether this would open the door to any type of voter solicitation.
'You can exit poll and you want me to allow exit petitioning?' he asked McAdoo. 'What about the guy who wants to sell T-shirts with political themes. Do I have to let him, too?'
That was a point argued by Peter Antonacci, a Tallahassee attorney representing Browning.
'Once you make a decision saying you're going to allow non-descriptive activities at polling places, how else is that going to be exploited by others?' Antonacci asked Steele. 'You don't know how that will be used.'
Antonacci warned opening the door to other groups in polling places could hurt the voting process. Browning and Harrington believe the law is necessary, the attorney told Steele.
'They're saying we need this statute because voters are intimidated,' he said. 'They're not going to go to the polls - turnout will be reduced.'
McAdoo said if Steele's decision could apply to Fort Myers only or, perhaps, the entire state. Steele said he would rule soon and McAdoo suspects that will be before the primary Tuesday. 'The judge has some flexibility there,' he said. 'It really depends what he decides to do.'
“The NAACP believes strongly that future leaders must be developed today and such development is ongoing in the Youth & College Division, created in 1936. Today there are more than 30,000 young people representing 600 Youth Councils, High School Branches and College Chapters actively involved in the fight for civil rights. The NAACP has one of the largest organized groups of young people of any secular organization in the country.
The Youth & College Division’s mission is to inform the youth of problems affecting African Americans and other racial and ethnic minorities; to advance the economic, education, social and political status of African Americans and other racial and ethnic minorities and their harmonious cooperation with other peoples; to stimulate an appreciation of the African Diaspora and other people of color’s contribution to civilization; and to develop an intelligent, militant effective youth leadership.
NAACP State Youth & College Divisions are designed to create specific agendas that address issues facing young people in a given state. They provide training and support to the Youth Units within the state. Each division consists of a President, Vice President, Secretary, Treasurer, Advisor and additional officers selected by the youth members during the State Conference.
Local Units:
Local Units consist of Junior Youth Councils, Youth Councils, High School Chapters and College Chapters that serve as the ground troops in the struggle for civil rights. Like that State Youth and College Division, each unit has a President, Vice President, Secretary, Treasurer, and additional officers elected by the members of the each local unit.
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