Newsletter: Lawsuit Against DeSantis, Trump’s Delayed Trial, and Election Administration Worries

The Sunshine State has long enjoyed a reputation for its commitment to open government, but the administration of Gov. Ron DeSantis has in recent years been chipping away at Floridians’ access to information. And on Thursday, we sued.

Our public records lawsuit against DeSantis’ office seeks the release of public records and alleges the office has engaged in a pattern or practice of failing to properly respond to requests, in violation of state law.

The lawsuit details 12 records requests for a range of documents — each of which has been pending for at least 11 months, some as long as two or three years — including:

• DeSantis’ office’s communications with certain corporations, lobbyists, right-wing groups, and individuals regarding abortion restrictions, the state’s 2022 divestment from BlackRock, and education topics like critical race theory and diversity, equity, and inclusion;
• Text messages regarding official business, as well as the calendars and communications of high-level officials; and
• Communications with conservative judicial activist Leonard Leo.

The complaint argues that the office’s failure to produce records promptly “has the effect of suppressing public knowledge regarding the reasoning or influences behind government decision-making, often until after the news media coverage and public debate shifts to more current matters.” 

• It also outlines several practices that result in unjustified delay, from processing requests inconsistently to under-resourcing the Office of Open Government. Read more here.
• “The Governor’s pattern or practice of evading public records requirements is a disservice to Floridians, who have the right to know what their elected officials are doing behind closed doors and why,” Executive Director Heather Sawyer said. “As the DeSantis administration continues to propose and implement controversial education, civil rights, and other policy changes at an alarming rate, the people of Florida deserve information — not secrecy — about those changes.”

Supreme Court to Hear Trump Immunity Claim
The Supreme Court agreed this week to hear former President Trump’s dangerous claim that he is shielded from prosecution for actions he took while in office.

• The Court scheduled arguments for the week of April 22 — further delaying Trump’s federal election interference trial, which was originally set to begin next week. 
• Trump’s goal has been to delay trial — and thus accountability for having attempted to overturn democracy — until after this year’s election.

U.S. District Judge Tanya Chutkan first rejected Trump’s claim of presidential immunity in December, with  a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit unanimously upholding the decision in February.

• No one — not even a former president — is above the law. Read our previous statement on the appeals court ruling from last month.

On the Records
Last year, Missouri and several other Republican-led states abandoned the Electronic Registration Information, a nonpartisan organization that helps states clean up their voter rolls. The move has led local officials in the state to worry about problems on Election Day, as outlined in a report released this week by the Center for Public Integrity.

• Records we obtained, highlighted in CPI’s report, show a top aide in the Missouri secretary of state’s office expressed concern before the state left ERIC about the “horrible and misleading” information circulating about it.
• Our investigation and in-depth report, “The Campaign to Dismantle ERIC,” drew upon thousands of pages of public records and detailed how state officials privately acknowledged ERIC’s importance but withdrew anyway — and have been scrambling to find viable alternatives since.

Other Stories We’re Following

Election Denial and Threats to Democracy

• Shasta County, California wants to hand count votes again (Democracy Docket)
• How a right-wing controversy could sabotage US election security (Wired)
• Who’s running this election anyway? High turnover and threats plague election offices (USA Today)
• Trial set for former Milwaukee election official accused of fraudulently requesting absentee ballots (Milwaukee Journal Sentinel)
• New Maricopa County sheriff pledges to investigate threats, ensure 2024 elections are safe (Arizona Republic)
• Pennsylvania sets up election security task force ahead of 2024 presidential contest (Associated Press)
• Election reform measure will have wrong effect, North Dakota official says (North Dakota Monitor)
• A new tool targets voter fraud in Georgia — but is it skirting the law? (Guardian)
• Chatbots’ inaccurate, misleading responses about US elections threaten to keep voters from polls (Associated Press)

Voting Rights

• Republicans hatched a secret assault on the Voting Rights Act in Washington state (ProPublica)
• Lawmakers in Virginia briefly had an idea to keep its voter rolls updated without ERIC (Votebeat)
• Elections bills move forward, mostly along party lines (Arizona Mirror)
• Federal court strikes down provisions of Arizona voter suppression laws (Democracy Docket)
• Delaware’s early voting and permanent absentee laws are unconstitutional, a judge says (Associated Press)
• Indiana Legislature approves bill adding additional verification steps to voter registration (Associated Press)

In the States

• Republicans plan to appeal decision allowing Wolfe to stay at WEC (Wisconsin Examiner)
• Group tied to anti-abortion Trump mega-donors pours money into Alabama supreme court race (Guardian)
• Bill allowing permitless concealed carry in Louisiana heads to the governor’s desk for signature (Associated Press)
• House sends repeal of Iowa’s gender balance law for government boards to governor (Iowa Public Radio)

LGBTQ Rights

• Ban on gender-affirming care for minors allowed to take effect in Indiana (Associated Press)
• Gender-affirming care ban proceeds to the House after sweeping Senate approval (Wyoming Public Media)
• West Virginia House OKs bill doctors say would eliminate care for most at-risk transgender youth (Associated Press)
• How Missouri became America’s ‘ground zero’ for anti-transgender legislation (St. Louis Public Radio)
• LGBTQ+ advocacy group sues Texas AG, says it won’t identify transgender families (Associated Press)
• West Virginia birth certificates have only two options. Lawmakers want to prohibit ‘non-binary’ anyway (Mountain State Spotlight)

Abortion and Reproductive Rights

• About as many abortions are happening in the US monthly as before Roe was overturned, report finds (Associated Press)
• Their states banned abortion. Doctors now say they can’t give women potential lifesaving care. (ProPublica)
• Texas prosecutor is fined for allowing murder charges against a woman who self-managed an abortion (Associated Press)
• Alabama IVF patients describe heartbreak, anger after ruling (Associated Press)
• Florida lawmakers postpone ‘fetal personhood’ bill after Alabama IVF ruling (Washington Post)
• West Virginia Senate OKs bill requiring schools to show anti-abortion group fetal development video (Associated Press)
• Missouri Attorney General Bailey sues Planned Parenthood, citing Project Veritas video (Kansas City Star)
• Montana judge declares 3 laws restricting abortion unconstitutional (NPR)
• CVS and Walgreens will begin selling abortion pills this month (New York Times)

Threats to Education

• From bathrooms to books, Georgia lawmakers target sexual issues in schools (Atlanta Journal-Constitution)
• Utah House kills bill banning LGBTQ+ Pride flags and political views from classrooms (Associated Press)
• California district can require schools to out trans students, ban critical race theory, judge rules (San Francisco Chronicle)
• A GOP senator defeated legislation asking voters to scrap trans-inclusive policies at AZ schools (Arizona Mirror)

Government Transparency and Public Records Law

• Judge sides with KSL, orders release of Utah attorney general’s calendar (KSL TV)
• Ken Paxton impeachment records reveal fights over witness testimony and alleged bullying (KUT News)
• DeSantis withheld records, retaliated against state police, ex-officials say (Tampa Bay Times)
• Michael Gableman violated public records law, Assembly leaders acknowledge (Wisconsin State Journal)

Immigration

• Federal judge blocks sweeping new immigration law in Texas (New York Times)
• Mapping the Texas governor’s effort to control the border at Eagle Pass (Washington Post)
• Ken Paxton’s Annunciation House investigation is the latest attack on religious organizations aiding migrants at the border (Texas Tribune)
• Georgia House panel advances bill aimed at ‘sanctuary cities’ (Atlanta Journal-Constitution)
• Firm hired to remove migrants from Florida faces insurance fraud allegations (Orlando Sentinel)
• Parson seeks $2.2M to send Missouri troopers, soldiers to Texas for border duty (Missouri Independent)

Trump Accountability and Jan. 6 Investigations

• Illinois judge removes Trump from ballot because of ‘insurrectionist ban’ (CNN)
• Key figure in fake electors plot concealed damning posts on secret Twitter account from investigators (CNN)
• They renounced Trump. Will they get fellow conservatives to vote Biden? (Washington Post)