The lawsuit was brought by Rep. Debbie Wasserman Schultz’s challenger last year, Tim Canova, who expressed concerns with security procedures | Joe Raedle/Getty Images Expressing ‘concern,’ top Florida official wants more info about destruction of Broward ballots

TALLAHASSEE — Florida’s top elections official wants Broward County’s elections supervisor to furnish documents and explain why her office destroyed the paper ballots from a 2016 Democratic congressional primary that a candidate had sued for.

The lawsuit was brought by Rep. Debbie Wasserman Schultz’s challenger last year, Tim Canova, who expressed concerns with security procedures in the office of Supervisor of Elections Brenda Snipes. His suit is one of three court cases Snipes’ office is contending with.


POLITICO first reported last Friday that, in the middle of Canova’s suit, Snipes’ office destroyed the paper ballots but made electronic copies of them. That, however, is not legal, according to election law experts, who point out that election records are supposed to be preserved for 22 months after a federal election, according to federal law. And under state law, a public record sought in a court case is not supposed to be destroyed without a judge’s order.

Gov. Rick Scott’s office, which expressed concerns about the ballot destruction, asked Florida Secretary of State Ken Detzner to find out more.

“I have been following with particular interest and concern the recent events pertaining to a public records lawsuit and the disposition of voted paper ballots from the 2016 primary election in your county,” Detzner wrote Snipes in a Wednesday letter.

“Please provide an explanation of the procedures, events, legal basis, and reasoning for their disposition in the manner taken,” the letter said. “Additionally, please provide copies of any emails, correspondence or documents regarding the disposition of these ballots. This would include any written or electronic versions of these documents.”

Detzner does not take a position on whether Snipes’ office broke the law, however, but he notes he’s writing as the state’s “Chief Elections Official” who has “a duty to ensure the integrity of and voter confidence in the electoral process.”

Snipes’ attorney, Burnadette Norris-Weeks, said she spoke with the state’s Division of Elections, which assured her that “this is not an investigation. … The state wants to be kept in the loop on the matter and fully understand the Broward SOE’s position of what happened with the ballot duplication. Know that they have read your article and are fully aware of Mr. Canova’s position and all of the negative press that your article has been generated.”

Previsously, Norris-Weeks had claimed Canova was suing as part of a publicity stunt as he mounts a new challenge to Wasserman Schultz in Florida’s 23rd Congressional District.

Canova said Snipes’ office is trying to avoid scrutiny and divert attention by launching personal attacks.

In addition to Canova’s lawsuit, Snipes’ office has contended with a challenge from the Republican Party of Florida over absentee ballot handling, and it’s a defendant in a lawsuit over voter-list maintenance brought by a conservative group called the American Civil Rights Union.

The lawsuits from across the political spectrum and Scott’s interest in the ballot destruction could prove politically problematic for Snipes, whose predecessor, Miriam Oliphant, was removed from office in 2003 by then-Gov. Jeb Bush for botching the 2002 elections.

“There were issues in the office,” Snipes testified in the American Civil Rights Union case when asked by the group’s attorney, J. Christian Adams about her predecessor. Snipes said that, on assuming office, she “set up a communication system that I thought would be beneficial to us having information flow professionally within the office, and that still exists.”

Snipes said she still had employees who worked in the office under Oliphant.

Canova’s attorney, Leonard Collins, said some of her workers don’t appear to know much about elections — the one job of the office.

“I deposed two employees in that office and neither knew the difference between a state or federal election. It’s insane,” Collins said. “We’re gratified the secretary of state has an interest and we look forward to the response.”