Federal courts would not countenance a law denying Christians their sacred right to prayer,
and they should not countenance a law denying Floridians their sacred right to vote.
At the outset, this Court notes that the parties have vastly different views on
how this Court should approach this case. To hear Plaintiffs tell it, Florida wears a
constitutional straitjacket any time it revises its election code. To hear Defendants
tell it, Florida holds a constitutional blank check. Neither is true.
States enjoy considerable discretion in regulating their elections. Article I of
the Constitution tasks states with enacting laws governing “[t]he Times, Places and
Manner of holding Elections for Senators and Representatives.” U.S. Const. art. I,
§ 4, cl. 1. But the states’ discretion is not limitless. The states must comply with acts
of Congress, such as the VRA. See id. (“ut the Congress may at any time by Law
make or alter such Regulations.”). They must also comply with the Constitution. For
example, election regulations cannot “deny to any person . . . the equal protection of
the laws.” U.S. Const. amend. XIV. And states cannot deny the right to vote based
on race, sex, or failure to pay a tax. U.S. Const. amend. XV, § 1; U.S. Const. amend.
XIX; U.S. Const. amend. XXIV. Nor, for citizens older than 18, can states deny the
right to vote based on age. U.S. Const. amend. XXVI.