Trump changes tune on voting by mail, urging Florida to cast ballots remotely

From today’s CBS News Online:

President Trump seemingly flipped his position on voting by mail, at least in Florida, after spending months bashing the practice as ripe for potential fraud. Florida is a key battleground state, from which the president and his press secretary, Kayleigh McEnany, have voted remotely in the past. 

“Whether you call it Vote by Mail or Absentee Voting, in Florida the election system is Safe and Secure, Tried and True,” Mr. Trump wrote in a tweet. “Florida’s Voting system has been cleaned up (we defeated Democrats attempts at change), so in Florida I encourage all to request a Ballot & Vote by Mail! #MAGA”

In a press briefing minutes after that tweet, McEnany claimed the president’s position has not changed, and insisted absentee voting for a reason is different from mass mail-in voting. McEnany also said the campaign recently had a court victory in Florida regarding ballots, “so I believe that’s what he was referencing.” 

But the president’s language says “whether you call it Vote by Mail or Absentee Voting, in Florida the election system is Safe and Secure…” 

Mr. Trump has railed against voting by mail in tweets and in press conferences in the last several months, insisting without evidence that such a practice opened the door for widespread fraud. Only days ago, the president tweeted the election will be “totally rigged” if mail-in voting is allowed.

“The 2020 Election will be totally rigged if Mail-In Voting is allowed to take place, & everyone knows it,” Mr. Trump tweeted last week. “So much time is taken talking about foreign influence, but the same people won’t even discuss Mail-In election corruption. Look at Patterson, N.J. 20% of vote was corrupted!”

The president’s own voter fraud commission, which disbanded in 2018, found no evidence to support claims of widespread voter fraud. 

A record number of Americans are expected to vote by mail in 2020, given the coronavirus pandemic that continues to plague the nation. Mr. Trump is trailing former Vice President Joe Biden in most credible polls. 

Read the complete article here.

Florida fight over felon voting rights playing out at US Supreme Court

From the South Florida Sun-Sentiel:

A battle over voting rights in Florida is playing out at the U.S. Supreme Court, with the ability of hundreds of thousands of felons to cast ballots in this year’s elections at stake.

Attorneys for the state and voting-rights groups filed briefs this week at the Supreme Court as they continue wrangling over a challenge to a 2019 state law requiring felons to pay “legal financial obligations” — fees, fines, costs and restitution — to be eligible to vote. Voting-rights groups argue that linking voting rights and finances amounts to an unconstitutional “poll tax.”

The state law was aimed at carrying out a 2018 constitutional amendment that restored voting rights to felons “upon completion of all terms of sentence, including parole or probation.”

The voting-rights groups went to the Supreme Court last week after an Atlanta-based appeals court put on hold a ruling by U.S. District Judge Robert Hinkle, who said the state cannot deny voting rights to felons who cannot afford to pay court-ordered financial obligations associated with their convictions.

The plaintiffs are challenging the hold, saying it would block felons from voting in the August primary elections and could prevent them from casting ballots in November.

But in a response filed Tuesday at the Supreme Court, lawyers for Gov. Ron DeSantis said the stay on Hinkle’s decision issued July 1 by the 11th U.S. Circuit Court of Appeals should remain intact.

Hinkle’s May decision, which said that depriving poor felons of the right to vote is unconstitutional wealth-based discrimination, laid out a process for state elections officials to use to determine voters’ eligibility. Under the procedure, hundreds of thousands of felons who have served their time behind bars would be able to register and vote in the Aug. 18 and Nov. 3 elections without taking any additional action.

Read the complete article here.

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.

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.

‘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.

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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.

Voting rights groups sue to prevent FL governor from participating in recount

From today’s Jurist Online Magazine:

Voting rights groups League of Women Voters of Florida and Common Cause Florida filed a lawsuit on Monday seeking an injunction preventing Florida Governor Rick Scott from participating in the voting recount for the US Senate race, in which Scott is a candidate.

The plaintiffs filed the suit in the US District Court for the Northern District of Florida.

The governor has “substantial responsibilities for election administration” including being a member on a three-person committee that certifies election results.  The plaintiffs say:

In light of the pervasive opportunities for the Defendant Scott to improperly exercise power over the U.S. Senate race, his continued interventions in the race violate the basic notion of fairness that no man should be a judge in his own cause.

The plaintiffs allege Scott wants to use his power as governor to impede the recount. Scott accused liberals of “trying to steal the election” and said he wanted the Florida Department of Law Enforcement to investigate the recount, which the plaintiffs say could intimidate election officials.

The plaintiffs gave Scott the opportunity to recuse himself from the case in a letter on Saturday, saying they would bring court action if he refused. Scott did not recuse himself from the case.

Inside the Unlikely Movement to Restore Voting Rights to 1.4 Million Floridians

From today’s Mother Jones Magazine:

On a muggy August day in 2005, Desmond Meade stood in front of the railroad tracks north of downtown Miami and prepared to take his life. He’d been released from prison early after a 15-year sentence for gun possession was reduced to three years, but he was addicted to crack, without a job, and homeless. “The only thing going through my mind was how much pain I’d feel when I jumped in front of the oncoming train,” Meade said. “I was a broken man.”

But the train never came, and eventually Meade walked two blocks to a drug treatment center and checked himself in. He got clean, enrolled in school, and received a law degree from Florida International University in 2014. Meade should have been the archetypal recovery success story­—­“[God] took a crackhead and made a lawyer out of him,” as he put it. But he’s not allowed to practice law. And when his wife ran for the Florida House of Representatives in 2016, he couldn’t vote for her. “My story still doesn’t have a happy ending,” he said. “Because despite the fact that I’ve dedicated my life to being an asset to my community, I still can’t vote.”

Meade was recounting his experience this summer at a gathering of ex-­offenders in Ocala, a conservative city of 60,000 in central Florida, 80 miles north of Orlando. Florida’s primaries were just days away, and there was an early voting center nearby, lined by signs for the candidates.

But 1.69 million Floridians like Meade aren’t able to participate in the 2018 elections. Florida bans people with felony records from voting, practicing law, or serving on a jury. Across the United States, 6.1 million ex-felons can’t vote. Some states prohibit people from voting while they’re on probation or parole or have unpaid fines, but Florida is one of only four, along with Iowa, Kentucky, and Virginia, that still bar ex-felons from voting indefinitely unless their rights are restored by the governor. According to the Brennan Center for Justice, Florida disenfranchises more citizens than Alabama, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, and Tennessee combined. Ten percent of the state’s adult population is ineligible to vote because of a criminal record, including 1 in 5 African Americans. Florida counts 533 different infractions as felonies, including crimes like disturbing a lobster trap and trespassing on a construction site. “Come on Vacation, Leave on Probation” is an unofficial slogan.

Meade, 51, speaks with the cadence of a preacher and has a physique befitting his former job as a bodyguard to the likes of Arnold Schwarzenegger and Tupac Shakur. It was an oppressively hot day, and he and the 100 attendees—many of them older white men with tattoos who would not have looked out of place at a Donald Trump rally—took refuge beneath Spanish-moss-covered oak trees in a city park. He wore a black “Say YES to Second Chances” T-shirt. “This movement sits at the heart of a simple slogan: When a debt is paid, it’s paid,” Meade said. “We don’t care how you might vote or whether you vote at all, but every American citizen deserves that opportunity to at least earn the eligibility to vote again.”

In 2009, Meade became head of the Florida Rights Restoration Coalition(FRRC), and he was soon putting 50,000 miles a year on his car to help gather the nearly 800,000 signatures needed to place the Voting Restoration Amendment on the 2018 ballot. Amendment 4, as it’s called on the ballot, would automatically restore voting rights to as many as 1.4 million people with felony records who have completed their full sentences, but not those convicted of murder or a sexual offense. “It’s the largest enfranchisement of new voters since the Voting Rights Act,” says Samuel Sinyangwe, co-founder of StayWoke, an advocacy group started by Black Lives Matter activists. “It’s the biggest thing happening in the country with regard to voting rights.”

Read the complete article here.