End a process that unfairly disenfranchises one-fifth of all Floridians.
Florida’s process for restoring voting rights to felons has long been subjective, arbitrary, punitive, and way out of line with most of the rest of the nation. Now you can add another failing to the list: unconstitutional.
Last week, U.S. District Judge Mark Walker in Tallahassee ruled that the state’s clemency system violates the First and 14th Amendments. And he didn’t pull any punches explaining why.
Florida is one of only four states that permanently strips convicted felons of their voting rights permanently and requires an official act of clemency to get them back. During his term as governor, Charlie Crist worked to make rights-restoration easier for former felons. However, Gov. Rick Scott not only swiftly ended those reforms when he took office, he instituted new rules that were even tougher than those established by Crist’s predecessor, Jeb Bush.
Under the current guidelines, anyone with a felony conviction must wait a minimum of five years after they have completed all prison time and probation before even starting the process. Each application must be approved by the governor and his Cabinet, which meets only four times a year to hear petitions. That has created a growing backlog of applications, and the clemency board under Scott has proved not to be generous with granting second chances.
(READ: Federal judge knocks down Florida’s voting ban for ex-felons)
During Crist’s four years in office, more than 155,000 had their rights restored; in the seven years under Scott, fewer than 3,000 have successfully won back the ability to vote. According to the Brennan Center for Justice, 1.5 million Floridians are ineligible to vote due to past felony convictions.
Walker described as “nonsensical” this system in which someone with a felony conviction must “kowtow” to a partisan panel over which Florida’s governor has “absolute veto authority.”
“(Elected) partisan officials have extraordinary authority to grant or withhold the right to vote from hundreds of thousands of people without any constraints, guidelines, or standards,” the judge wrote.
Only politics could explain why so many felons are denied the right to vote when they have paid their debts to society and are trying hard to keep their lives on the straight and narrow. Former felons can reconnect with family, find meaningful employment, pay taxes and become contributing members of society — for decades — and still not have the same fundamental democratic rights of other citizens.
With Scott being term-limited out of office at the end of this year, Florida has an opportunity to right these wrongs. The Legislature could improve the clemency process statutorily, but don’t hold your breath — lawmakers have failed for years to address this issue.
Voters, though, will have the power to take matters into their own hands this fall. In January, supporters of the Florida Second Chances amendment received the more than 800,000 valid signatures necessary to place a constitutional measure on the November ballot. If approved by 60 percent of voters, Amendment 4 would automatically restore a felon’s right to vote after they’ve completed their prison sentence, along with any parole or probation. Those convicted of murder or sexual offenses would continue to be barred from voting.
That would put Florida in line with most states, and the U.S. Constitution. It’s time to end a process that unfairly disenfranchises one-fifth of all Floridians.