In Gov. Ron DeSantis’ ongoing fight to shield his office from transparency, his office and Florida Attorney General Ashley Moody filed a brief asking a state appeals court to uphold a lower court’s ruling allowing DeSantis to withhold the release of records by claiming “executive privilege.” 

Such an exemption is not mentioned in the state’s constitution, which Florida voters amended in 1992 to enshrine the public’s right to records — including those belonging to the executive branch. 

• Michael Barfield of the Florida Center for Government Accountability warned that DeSantis’ argument seriously endangers the public’s ability to hold his administration accountable. “The breadth of it is just stunning,” Barfield told Politico. “The sky’s the limit. … Unbridled raw executive power.”
• An anonymous requester had sued for records related to DeSantis’ state Supreme Court selections. In January, a state judge agreed with DeSantis’ executive privilege claims, despite no court having previously recognized the existence of such a privilege with regard to Florida’s governor. The case was then brought to the Florida 1st District Court of Appeal. 

In July, American Oversight and several public interest groups, including the Florida Center for Government Accountability, filed an amicus brief urging the appeals court to reverse the lower court’s ruling. 

• As the amicus brief — also signed by Integrity Florida Institute, and the League of Women Voters of Florida and its Education Fund — outlines, the lower court’s novel recognition of executive privilege “upends decades of jurisprudence” interpreting the state’s public records law, stifles the public’s ability to be informed about the government’s actions, and runs contrary to precedent requiring that courts interpret the law in favor of openness over secrecy.
• “Access to records about the governor’s decision-making process for appointing a member of the judiciary serves a critical role in democracy,” the amicus brief reads. “[T]he trial court’s ill-defined and overly broad recognition of an executive privilege opens the door for the Executive Branch to incrementally increase the scope of the privilege over time.”

Here are some recent headlines related to public records law and transparency in other states: 

• We asked a state agency for some basic information eight months ago. We’re still waiting (Minnesota Reformer)
• Attorney General’s office asks judge to block FOI request (Arkansas Business)
• Drafting a Freedom of Information Act amendment proving to be a delicate task, supporters say (Arkansas Online)
• Gianforte, state health department sued over refusal to release public documents (Montana Free Press)
• Nebraska senators hoping to make changes to state’s public records laws (Journal Star)
• Virginia NAACP sues Youngkin for records behind denials of felons’ voting rights (NBC Washington)

Other Stories We’re Following

Election Denial and Threats to Democracy

• Pennsylvanians are about to decide who will oversee the 2024 elections (Bolts)
• Republic seeks almost $690K in legal fees, agrees to settle Cyber Ninjas records case (Arizona Republic)
• Group spending six figures on ads threatening to unseat Vos unless elections chief Wolfe is impeached (Milwaukee Journal Sentinel)
• A poll worker’s heart attack in Williamson County highlights tensions between officials and poll watchers (Votebeat)

Voting Rights

• Virginia restores 3,400 to voting rolls, but questions remain (Axios)
• Sec. LaRose defends removing nearly 27,000 unresponsive voters ahead of November election (Ohio Capital Journal)
• Judge hears arguments in lawsuit seeking to expand Wisconsin absentee voting (Wisconsin Public Radio)
• Legality of Michigan’s voting maps, treatment of Black voters goes on trial (Detroit News)
• Florida appeals judges appear ready to side with DeSantis in redistricting challenge (Politico)
• Legitimacy of mass voter challenge on trial in political battleground Georgia (Associated Press)
• Whose ballot did Justine Wadsack post online? Pima County says it couldn’t have been hers. (News From the States)

In the States

• DeSantis allies earn big paychecks on the front lines of his culture fights (CNN)
• Gov. Tony Evers sues GOP lawmakers over blocking UW System pay raises and conservation projects (Milwaukee Journal Sentinel)
• Attorney General Ken Paxton’s securities fraud trial set for April 15 (News from the States)
• Maine police were alerted weeks ago about shooter’s threats (Associated Press)
• Gov. Tate Reeves’ top political donors received $1.4 billion in state contracts from his agencies (Mississippi Today)

National News

• Senate Democrats plan to subpoena influential Republicans over gifts to Supreme Court justices (NBC News)
• U.S. Rep. Jim Jordan issues warning to AG investigating conservative donor Leonard Leo (Ohio Capital Journal)

LGBTQ Rights

• Inside the Alliance Defending Freedom, the anti-LGBTQ org where Mike Johnson spent almost a decade (Rolling Stone)
• House Speaker Mike Johnson worked on 2014 case seeking to stop a same-sex family adoption, watchdog says (USA Today)
• Transgender youth in North Carolina dealing with medical ‘whiplash’ of ban on gender-affirming care (North Carolina Health News)
• Health entities providing gender-affirming care turn to court to quash attorney general’s request (Indiana Capital Chronicle)
• Colorado students want a law allowing minors to use their preferred names, pronouns in schools (Colorado Sun)
• Kentucky’s ban on transgender medical care for minors headed to U.S. Supreme Court, ACLU says (Kentucky Lantern)
• Tennessee families ask Supreme Court to review state ban on gender-affirming care for minors (CNN)
• New Hampshire Republicans revive effort to ban some gender-affirming surgeries for trans youth (New Hampshire Public Radio)

Abortion and Reproductive Rights

• Faced with abortion bans, doctors beg hospitals for help with key decisions (Washington Post)
• Appeals court swats down Ashcroft arguments on Missouri abortion rights petitions (Missouri Independent)
• If abortion measure fails, Ohioans on parole and probation could face graver restrictions (Bolts)
• Misinformation is flowing ahead of Ohio abortion vote. Some is coming from a legislative website (Associated Press)
• Leonard Leo’s network has spent $18M on opposing abortion rights in Ohio alone (Truthout)
• Florida’s abortion access is in limbo, but lawmakers are filing proposals for next year’s session (Florida Phoenix)
• Kansas can’t enforce new law on abortion pills or make patients wait 24 hours, judge rules (Associated Press)

Threats to Education

• Inside the secret right-wing plan to ‘take down the education system as we know it’ (Documented)
• GOP school board candidate accused of creating bogus academic ‘network’ (Daily Beast)
• The latest target for California conservatives? Local school boards (New York Times)
• Arizona schools chief falsely claims Chandler schools are dumbing down their education (Arizona Mirror)
• School board candidate wanted West Des Moines investigated for child porn over two books (Des Moines Register)
• Missouri education leaders say social-emotional learning guidelines an ‘ongoing discussion’ (Missouri Independent)
• Stitt cabinet official’s concerns over Oklahoma education agency finances prompted resignation (Oklahoma Voice)
• Lawmaker removes anti-striking provision from controversial Ohio higher ed overhaul bill (News from the States)
• Texas judge temporarily blocks release of ‘unlawful’ school accountability ratings (Texas Tribune)
• Dark money nonprofit with ties to Texas billionaire works to defeat Midland school bond (Texas Tribune/ProPublica)
• Florida joins conservative states severing ties with national library group (Politico)

Immigration

• Judge temporarily blocks federal officials from removing razor wire set up by Texas to deter border crossings (CBS News)
• As economy falters, more Chinese migrants take a perilous journey to the U.S. border to seek asylum (Associated Press)
• Migrant bus conditions ‘disgusting and inhuman,’ says former veteran who escorted convoys (ABC News)

Trump Accountability

• Trial begins over whether Trump should be kept off the 2024 ballot in Colorado (NBC News)
• Trump sues to ensure he is on the ballot in Michigan (New York Times)
• Judge hints at a delay in Trump documents trial (New York Times)
• Transformed Trump family will take center stage in New York courtroom (Washington Post)
• Washington judge, Georgia DA both got violent threats on heels of Trump vow to come after foes, court documents allege (CNBC)

Jan. 6 Investigations

• Man indicted over threats to DA and sheriff in Trump’s Georgia case (New York Times)
• Judge reimposes restrictions on Trump’s speech in Jan. 6 case (Washington Post)
• Complaint alleges GOP lawmaker illegally used campaign cash to attend Jan. 6 (Arizona Mirror)
• Police officers recall Jan. 6 at Colorado hearing to kick Trump off ballot (Washington Post)