Federal appeals court blocks felons from voting in Florida who owe fines and fees

From today’s Washington Post:

A federal appeals court on Friday ruled that hundreds of thousands of felons in Florida who still owe fines and fees may not register to vote, making it unlikely that they will be able to cast ballots in the upcoming presidential election.

The U.S. Court of Appeals for the 11th Circuit in Atlanta agreed with Florida Gov. Ron DeSantis (R) that the payment of fines and fees by ex-felons is part of their “terms of sentence” and must be satisfied before they can vote.

The decision comes less than a month before the presidential swing state’s Oct. 5 deadline to register to vote for November’s general election.

“This is a deeply disappointing decision,” said Paul Smith, vice president at the Campaign Legal Center, one of the groups that had sued over the rule. “Nobody should ever be denied their constitutional rights because they can’t afford to pay fines and fees.”

The groups that filed suit say they are still deciding whether to appeal to the U.S. Supreme Court. Earlier this summer, the high court declined to overturn a lower-court decision that also went against felons seeking to register.

A spokesman for DeSantis lauded the decision. “Second chances and the rule of law are not mutually exclusive,” Fred Piccolo said in a statement Friday.

The decision in the populous swing state could have implications for the presidential election. In 2016, Donald Trump won Florida by about 1.3 percentage points, or fewer than 120,000 votes, and a recent NBC-Marist poll found that Trump and Democratic nominee Joe Biden are neck-and-neck in the state, each at 48 percent.

About 28 percent of the felons affected by the issue in Florida are Black. Expanding voting rights to historically disenfranchised groups is typically believed to benefit Democrats, but there is no statewide partisan breakdown of which party the newly registered felons selected, if any. Jared Kushner, a White House adviser and Trump’s son-in-law, said on Fox News last year that “we’ve had more ex-felons register as Republicans than Democrats,” but the research is unclear on that.

The legal fight stems from a constitutional amendment overwhelmingly passed by Florida voters in 2018 that allowed most felons to register to vote. The amendment overturned decades of practice in Florida, where felons had to petition the governor to have their rights restored.

Read the complete article here.