Beverlye C. Neal: Marco Rubio holds up important judicial appointment in Florida

The 2016 presidential election is increasingly on the mind of voters as moments from the televised debates and primary results reverberate through the media.

The fight to protect the right to vote has also received a great deal of media attention because Florida and other states have seen election laws passed that make it harder for many voters to participate in the process.

When faced with laws erecting barriers to the ballot, the federal courts are often the last line of defense to ensure that minorities, the elderly, the disabled, and students are not pushed out of the electorate by discriminatory laws.

In the years of Jim Crow and segregation, voters faced overt challenges to their right to vote. They had to confront restrictions such as grandfather clauses, poll taxes, literacy tests, and outright intimidation and violence.

In response, legal protections such as the Voting Rights Act of 1965 (VRA) were passed to help ensure that all eligible voters could exercise their fundamental right to vote.

Although times have changed, many states still create procedural hurdles that make it difficult for voters to participate, especially minorities. In 2015, The Brennan Center tracked 113 bills introduced in 33 state legislatures that would have restricted voter access to registration. Many of those laws seek to make it more difficult to register, harder to prove one’s residency, and significantly reduce voting opportunities.

Like in the Jim Crow era, the procedural hurdles prevent many from having a voice in their democracy. An MIT study of the 2008 presidential election found that 4 million to 5 million voters did not cast a ballot because they encountered procedural problems related to voter registration and absentee balloting. An additional 2 million to 4 million registered voters were discouraged from voting because of administrative hassles such as long lines and voter identification requirements.

Our federal courts play a critical role in enforcing the laws that protect voters. Although the U.S. Supreme Court gutted a key anti-discriminatory provision in the Voting Rights Act in 2013, other protections are being used to fight voting-related discrimination and to require states to provide appropriate assistance to eligible voters who speak foreign languages. The courts will determine how to apply those protections.

In Florida, the federal courts have made important decisions affecting voters. In 2012, Judge Robert Hinkle of the U.S. District Court for the Northern District of Florida overturned portions of a 2011 law that had led civic groups such as the League of Women Voters to shut down their voter registration drives because of unreasonable deadlines.

That same 2011 law also limited early voting days. In that instance Judge Timothy Corrigan of the U.S. District Court for the Middle District of Florida upheld the law. While those decisions differed greatly, they both illustrate the effect federal courts have on Florida voters.

Judges play an important role in protecting voters. We must have fair, diverse judges who will uphold the constitution, enforce our voting rights laws, and ensure that all who are eligible to vote can freely exercise that right.

Unfortunately, for more than a year, a seat on the federal bench in South Florida has been left vacant – so long it is now considered a judicial emergency. Florida Sens. Marco Rubio and Bill Nelson jointly recommended Mary Barzee Flores for the job and President Barack Obama nominated her in February 2015. The Senate Judiciary Committee won’t hold a hearing until it gets “blue slips” of approval from her home-state senators. Nelson turned his in nearly a year ago, but Rubio still hasn’t.

Because they serve for life, these judges will have a huge effect on important issues. So, when you head to the polls on Election Day, remember that voting is about more than just what happens in the White House, Congress or Florida’s Capitol. It’s also about what happens in courtrooms across America.

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Beverlye C. Neal is the Florida director and a National Board Member of the National Congress of Black Women Inc. Column courtesy of Context Florida.