Over 1 million former felons still face hurdles after being given right to vote

From today’s ABC News Online:

It’s been more than 10 years since ​Gary Daughtry Sr., 66, had the right to vote and since he was released from prison. Previously in the state of Florida, anyone who committed a felony ​lost his or her right to vote ​and had to petition the governor to become re-enfranchised.

“I don’t think it’s fair that I had to pay my debt to society, and they won’t let me vote,” Daughtry told ABC News.

More than a decade ago, Daughtry committed grand theft in Florida, a third-degree felony. He served 16 months in prison and the court ordered him to pay an array of fees as part of his sentence, of which he still owes almost $1,000. He told ABC News he’s unable to pay because he’s disabled and cannot work, ​and he says all he wants to do is help re-elect President Donald Trump.

“I support him in every way,” Daughtry said.

Under a new state law, passed last year with the​ stated aim​ to not re-enfranchise a felon who had not completed all terms of his or her sentence, former felons are required to either pay the fees and fines that they owe or get their sentence modified in order to register to vote. The process itself is also relatively complicated so that despite some counties implementing procedures to help former felons along, advocates say it still represents a tremendous hurdle to enfranchisement.

Read the complete article here.

Florida loses appeals court ruling on felon voting law ahead of 2020 elections

From Politico News:

A legal and political battle over voting rights in Florida reached another milestone on Wednesday when a federal appeals court ruled that a law limiting the voting rights of people with felony convictions was unconstitutional.

Delivering a defeat to Gov. Ron DeSantis and the Republican-controlled Florida Legislature, the 11th Circuit Court of Appeals in Atlanta upheld a lower court decision that found the state could not deny ex-felons the right to vote just because they can’t afford to pay outstanding court fines, fees and restitution, as required by the 2019 law.

“These plaintiffs are punished more harshly than those who committed precisely the same crime — by having their right to vote taken from them likely for their entire lives,” states the ruling issued by a three-judge panel. “And this punishment is linked not to their culpability, but rather to the exogenous fact of their wealth.”

It’s not clear if the legal battle will get resolved ahead of this year’s presidential election in the battleground state, which could decide whether President Donald Trump wins a second term.

DeSantis spokesperson Helen Aguirre Ferré said the governor’s office disagreed with the ruling and will seek a review from the full court.

In October, U.S. District Judge Robert Hinkle issued a preliminary injunction against the law, a move that applied to only the 17 people who had challenged it in court. That lawsuit, brought by a coalition of left-leaning and civil rights groups, along with people with felony convictions, is scheduled for a non-jury trial in April.

“This is a great win for voting rights,” said Myrna Pérez, director of the Voting Rights and Elections program at the Brennan Center for Justice. “The 11th circuit told the state of Florida what the rest of America already knows. You can’t condition the right to vote on a person’s wealth.”

Read the complete article here.

WA state Senate Democrats advance bill to restore felons’ voting rights faster

From today’s Tacoma News Tribune:

A bill that would make about 9,000 felons eligible to vote is moving ahead in the Washington state Legislature, as Democratic senators vow to expand democracy by removing a barrier they say is rooted in systemic racism.

Senate Bill 6228 would make felons automatically eligible to vote once they are released from state prison. Under current law, they are eligible once they have completed community custody — formerly known as probation — and that can take several years.

“The very essence of community custody is to get people back on the right track, to reintegrate them into society and to reduce the chances of re-offending,” said the bill’s sponsor, state Sen. Patty Kuderer, a Bellevue Democrat. “Restoring the right to vote and the right to participate in our democracy is an important tool for that reintegration process.”

Stressing that her bill addresses a “major equality and social justice issue,” Kuderer said blacks and Native Americans are overly represented in the criminal justice system. As a result, they are “disproportionately stripped of their voting rights, diminishing their representation,” she said.

A Senate committee on Friday approved the bill, putting it one step closer to a vote by the Democratic-controlled Senate. If it becomes law, the measure would take effect in 2021.

Read the complete article here.

Florida Faces Rocky Rollout To Restore Voting Rights For Convicted Felons

From NPR News Online:

Florida passed an amendment in 2018, promising to restore voting rights for over a million Floridians with felony convictions. But that hope turned to confusion soon after.

The state Legislature followed up with a law clarifying that in order to get their voting rights back, felons needed to pay off all fines and fees related to their convictions. Hundreds of millions of dollars in fines are owed across the state, including $278 million in Miami-Dade County alone.

But the same law also offers a way out. It allows the courts to modify the original criminal sentences to “no longer require completion” of things that were originally required. Under that law, money owed can be waived or lowered, and other requirements like community service hours can be reduced.

Now, the implementation is playing out in very different — and partisan — ways across the state.In counties under Democratic control, more people are getting their voting rights back. And in counties under Republican control, many potential voters are missing out.

Out of the four counties across the state that have launched similar programs, every one of them is Democratic-leaning. Those include Miami-Dade, Broward, Palm Beach and Hillsborough counties, which together include more than a third of the state’s total population. All of those counties voted for Democrat Hillary Clinton in the 2016 presidential election and for Democrat Andrew Gillum in the 2018 governor’s race.

There is no corollary for Republican-leaning counties.

Read the complete article here.

Kentucky governor restores former felons’ voting rights

From CNN Online:

Newly sworn-in Kentucky Gov. Andy Beshear restored voting rights for over 140,000 former felons in the state through an executive order, his office announced Thursday.

“My faith teaches me to treat others with dignity and respect. My faith also teaches forgiveness and that is why I am restoring voting rights to over one hundred forty thousand Kentuckians who have done wrong in the past, but are doing right now,” Beshear, a Democrat, said in a statement. “I want to lift up all of our families and I believe we have a moral responsibility to protect and expand the right to vote.”

Beshear also lamented the state’s voter access issues, asserting that Kentucky has the third highest voter disenfranchisement rate nationwide with nearly 10% of people, and nearly 25% of African-Americans, in the state not being allowed to vote.

The move fulfills a campaign promise after Beshear’s upset victory over former Republican Gov. Matt Bevin in November. It was a key point in Beshear’s platform of progressive issues, including making Medicaid more accessible and replacing Bevin’s state board of education.

The order states that more than 140,000 Kentuckians were unable to vote despite completing their prison terms for non-violent felonies, and that Kentucky was one of two states that did not automatically restore voting rights to former felons. The order does not apply to those incarcerated for treason, bribery in an election and many violent offenses.

Read the complete article here.

‘A Proud Day’: Ex-Felons Clear Final Hurdle to Vote In Florida

From today’s New York Times:

One by one, they came before the judge in Miami, confident that in a few moments they would get a precious document clearing the way for them to get the right to vote.

The signed court order confirmed that, for the purposes of voter registration, they did not owe any court fines, fees or costs from their past felony convictions. The 18 people on the docket, some of them previously disenfranchised for decades, were clearing the final hurdle imposed by the state of Florida to restore their voting eligibility.

The packed courtroom burst into applause when Judge Nushin G. Sayfie told Carmen Brown, the first person called to the lectern, that she was granting her motion. Ms. Brown, 64, had served time for multiple felony convictions, including armed robbery with a deadly weapon. She put her hands to her mouth as tears welled in her eyes.

“Thank you so much,” she said through sniffles. “Thank you, your honor.”

A year ago, Florida voters overwhelmingly approved a ballot measure known as Amendment 4, restoring the voting rights of up to 1.5 million people with felony records. But earlier this year, the Republican-controlled State Legislature imposed restrictions requiring former felons — some of whom prefer to be called “returning citizens” — to first pay back outstanding legal financial obligations. In some cases, those amount to tens of thousands of dollars.

Read the complete article here.

Beshear’s gubernatorial win in KY is also a win for ex-felon voting rights

From today’s Vox News:

In November 2015, then-Gov. Steve Beshear (D) signed an executive order restoring the voting rights of more than 100,000 people with felony records in Kentucky. But in December of that year, Beshear’s successor, Gov. Matt Bevin (R), undid the executive order — just as easily taking away from ex-felons what the former governor had given them.

On Tuesday, though, Bevin lost his reelection bid to Democrat Andy Beshear, the former governor’s son. And the new governor-elect is poised to sign another executive order that restores voting rights to at least some people with felony records after they’ve served their sentences — potentially increasing the voter rolls by more than 100,000.

Kentucky has one of the strictest laws disenfranchising people with felony records, banning ex-felons from voting for life — unless they get a special reprieve from the state government — even after they finish serving out their prison sentences, parole, or probation. It is only one of two states, along with Iowa, with such a strict lifetime ban.

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Nevada governor signs bill to restore voting rights to convicted felons

From today’s The Hill:

Nevada Gov. Steve Sisolak (D) on Wednesday signed into law a pair of criminal justice reform bills, including one that restores voting rights to convicted felons following their release from prison. 

“I just signed two criminal justice reform bills that will restore fairness and justice to thousands of Nevadans,” Sisolak said on Twitter following the signing. “I’m so excited about the positive impact these bills will have on our communities, especially communities of color.”

The first measure Sisolak signed, known as Assembly Bill 431, immediately grants the right to vote to felons released from prison or discharged from parole or probation. The law will replace one that granted certain felons the right to vote two years after their prison release, The Associated Press noted

Sisolak said the legislation, which is set to go into effect on July 1, will re-enfranchise about 77,000 state residents. 

The other measure Sisolak signed into law will streamline the process for sealing low-level marijuana convictions. The AP reported that the law allows a person to ask a court to seal records for any offense that has since been decriminalized. 

Read the complete article here.

Felon voting bill goes to Florida governor’s desk amid outcry

From today’s Associated Press News Wire:

Florida felons will have to pay court-ordered financial obligations if they want their voting rights restored under a bill sent to Republican Gov. Ron DeSantis on Friday that would implement a voter-approved constitutional amendment.

The bill, though, caused outrage among Democrats who say Republicans are adding hurdles that don’t reflect the spirit in which voters approved allowing most felons to vote once they’ve completed their sentences. The amendment was approved with 64.5 percent of the vote and excludes murderers and sex offenders from the voting restoration rights.

“I believe Floridians are smart. I believe Floridians knew exactly what they were doing,” said Democratic Rep. Al Jacquet. “White, black, Hispanic, women, male, every Floridian understanding the value of their voice, the value of their vote. But we sit here and we begin to say, ‘Well, if you want to regain it, you should do this.’”

The ballot language on the amendment said rights would be restored after all terms of a sentence are completed. Republicans said that means court costs, restitution, fees and fines imposed by a judge. Democrats have said financial burdens shouldn’t be a barrier to voting rights restoration, especially if a judge converts them to a civil judgment.

Jacquet and other Democrats argued that the original intent of the felon voting ban was to repress the minority vote, because minorities historically have been disproportionately convicted of felonies.

Read the complete article here.

Amendment 4 restored voting rights to felons In FL–Now that’s back in doubt

From today’s NBC News Online:

Desmond Meade thinks he may have talked to more Floridians about felon voting rights than anyone else. Since 2009, he has put thousands of miles on his car each year, driving to every corner of the state talking to people about felon disenfranchisement.

By the time a formal campaign to amend the Florida Constitution and restore felon voting rights ended in 2018, it was clear to him which arguments worked with the largest share of people. Among them: second chances and redemption are moral and national values that Americans have a collective duty to uphold, and making way for redemption is the right thing to do.

Eventually, Meade, who is black, and Neil Volz, a white man convicted of felonies in connection with the former lobbyist Jack Abramoff, connected with a bipartisan funding and support network. It included the Koch brothers. And the redemption narrative — one that pushed the racist origins and racially disparate impact of felon disenfranchisement laws just beyond the spotlight — won a whopping 64 percent of deeply purple Florida’s votes in the November referendum on Amendment 4.

“The messaging was totally organic, totally grassroots,” said Meade, a convicted felon who after his release from prison earned a law degree. “It wasn’t a black or white thing, a conservative or liberal thing. It was a real people thing, people understood.”

But just as the campaign settled into victory, both the politics and the policy of felon voting have become unsettled again.

On Thursday, a committee of the Florida House of Representatives voted along party lines to advance a bill that could bar from the ballot box many of the estimated 1.5 million convicted felons who just regained the franchise.

Now the issue of voting rights for ex-felons is back in doubt. It looks as if the limited talk about race and partisanship during the Amendment 4 campaign created space for opponents to engage in debates about the bill’s language without attending to the racial impact of any legislative tweaks.

Read the complete article here.