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U.S. newS Diasabra 12 september 2020
Judges: Florida felons can’t vote until they pay fines, fees
(AP) — Florida felons must pay all affront to the spirit of democracy.” But Pryor wrote that it’s not the state’s have come from retired basketball
fines, restitution and legal fees before responsibility to create a system to let star Michael Jordan as well as More
they can regain their right to vote, a In a 200-page ruling on a 6-4 vote, the felons know what they owe. Than a Vote, an organization dedicat-
federal appellate court ruled Friday in full 11th Circuit said the Constitu- “The Due Process Clause does not ed to maximizing Black turnout that
a case that could have broad implica- tion’s due process clause was not vio- require States to provide individual counts basketball star LeBron James
tions for the November elections. lated by the passage of the law imple- process to help citizens learn the facts and comedian Kevin Hart among its
menting Amendment 4. necessary to comply with laws of gen- backers. Still, the total owed could be
Reversing a lower court judge’s deci- “States are constitutionally entitled eral application,” he wrote. as high as $3 billion.
sion that gave Florida felons the right to set legitimate voter qualifications DeSantis spokesman Fred Piccolo The ruling could influence the elec-
to vote regardless of outstanding legal through laws of general application said in an email that the court’s deci- tion outcome in November. Florida
obligations, the order from the 11th and to require voters to comply with sion affirms that “all terms of a sen- is considered a must-win state in
U.S. Circuit Court of Appeals upheld those laws through their own efforts,” tence means all terms.” President Donald’s Trump’s bid for
the position of Republican Gov. Ron Chief U.S. Circuit Judge William “There are multiple avenues to re- reelection and is famed for its razor-
DeSantis and the GOP-led state Leg- Pryor wrote in the majority opinion. store rights, pay off debts, and seek thin statewide election results. Dem-
islature, leaving voting rights activists “So long as a state provides adequate financial forgiveness from one’s vic- ocrats had hopes of gaining support
aghast. Under Amendment 4, which procedures to challenge individual tims,” Piccolo added. “Second chanc- from thousands of former felons in
Florida voters passed overwhelming- determinations of ineligibility — as es and the rule of law are not mutu- Florida.
ly in 2018, felons who have complet- Florida does — due process requires ally exclusive.”
ed their sentences would have voting nothing more.”Four judges issued a The amendment permanently bars Paul Smith, vice president at the
rights restored. But the legal dispute dissenting opinion. They argued in convicted murderers and rapists from Campaign Legal Center which is
arose after lawmakers the next year part that it is sometimes extremely voting, regardless of financial debts. pushing for full voting rights for
moved to define what it means to difficult for returning felons to know Still, other felons in Florida who most felons, slammed the ruling.
complete a sentence. what outstanding financial obliga- have completed prison sentences and “This is a deeply disappointing de-
tions they may still have and that the would otherwise be eligible but have cision,” said . “While the full rights
In addition to prison time served, law- state should create a mechanism to not paid fines and other legal obliga- restoration envisioned by Amend-
makers directed that all legal financial provide that information. tions — estimated in March to num- ment 4 has become less likely to be
obligations, including unpaid fines ber about 774,000 — represent a sig- realized this fall, we will continue this
and restitution, would also have to be “In light of the chaos created by the nificant bloc of voters, should they be fight for all Florida voters, so the full
settled before a felon could be eligible majority’s holding that (financial ob- allowed to cast ballots. Some of them benefits of Amendment 4 will some-
to vote. The appeals court agreed with ligations) must be satisfied according may have settled their debts since that day be realized.” U.S. Rep. Val Dem-
the Republican lawmakers, a decision to the ‘every-dollar’ method, count- initial March estimate. ings, a Democrat from Orlando who
that voting rights advocates called an less scores of individuals will be un- The state does not track how many was considered as a vice presidential
affirmation of a “pay-to-vote” system certain of their eligibility to vote,” felons have registered to vote since nominee by Democratic presidential
that primarily disenfranchises mi- wrote U.S. Circuit Judge Beverly Amendment 4 passed, but its backers candidate Joe Biden, said she is intro-
norities and poor people. “This rul- Martin in the dissent. estimate that the monetary require- ducing a bill in Congress to prohibit
ing runs counter to the foundational “With its constitution amended in ment and the coronavurs pandemic states from denying voting rights to
principle that Americans do not have this way, Florida gained an obligation have limited the number to 100,000, American citizens, regardless of pri-
to pay to vote,” said Julie Ebenstein, to establish procedures sufficient to far less than those potentially eligible. or criminal convictions. “A criminal
senior staff attorney with the Ameri- determine the eligibility of returning conviction does not erase a person
can Civil Liberties Union’s Voting citizens to vote, and to notify them of The Florida Rights Restoration Coali- from our communities or our coun-
Rights Project. “The gravity of this their eligibility in a prompt and reli- tion has raised more than $4 million try,” said Demings, who is Black and
decision cannot be overstated. It is an able manner,” the dissenters added. to help pay court costs. Donations a former Orlando police chief.