A ruling by a federal judge on Florida Governor Rick Scott's policy barring former felons from voting, could have wide-ranging implications for upcoming elections. (Photo: hjl/Flickr/cc)
Feb 02, 2018
Calling Florida's disenfranchisement of felons who have completed their sentences "nonsensical" and unconstitutional, a federal judge on Thursday struck down the system that Republican Governor Rick Scott put in place in 2011.
\u201cVictory for the right to vote: A federal judge in Florida just struck down the state's voting rights restoration process for formerly incarcerated people. https://t.co/SpY59f7cuW\u201d— The Leadership Conference (@The Leadership Conference) 1517521747
Florida has been one of four states that have not automatically restored former felon's voting rights after they have served their time. The Brennan Center for Justice has called the state's system "one of the most punitive disenfranchisement policies in the country," barring 1.5 million people in the state from registering to vote--including 20 percent of the state's African-Americans of voting age.
Under Scott, convicted criminals who have served their time must wait five years after their release before they can apply through the Office of Executive Clemency to have their voting rights restored. The governor's Cabinet members are elected to serve on the panel, and Scott has had absolute veto authority over its decisions regarding former felon's civil rights.
"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," U.S. District Judge Mark Walker said. "Its members alone must be satisfied that these citizens deserve restoration... The question now is whether such a system passes constitutional muster. It does not."
The system violates both the First and Fourteenth Amendments, said Walker in his ruling on a lawsuit brought by the Fair Elections Legal Network on behalf of nine formerly incarcerated Florida residents.
The judge's ruling will not automatically restore voting rights to the state's former felons, but voting rights advocates say the strong rebuke of Scott's policy is the latest step toward enfranchisement. A recent campaign mounted by Floridians for Fair Democracy garnered enough support to have an amendment included on the state's November 2018 ballot that would restore voting rights to the formerly incarcerated, except those convicted of murder and sexual offenses.
The ruling and ballot initiative could have far-reaching implications for upcoming elections; President Donald Trump won Florida by just over 100,000 votes in November 2016.
Why Your Ongoing Support Is Essential
Donald Trump’s attacks on democracy, justice, and a free press are escalating — putting everything we stand for at risk. We believe a better world is possible, but we can’t get there without your support. Common Dreams stands apart. We answer only to you — our readers, activists, and changemakers — not to billionaires or corporations. Our independence allows us to cover the vital stories that others won’t, spotlighting movements for peace, equality, and human rights. Right now, our work faces unprecedented challenges. Misinformation is spreading, journalists are under attack, and financial pressures are mounting. As a reader-supported, nonprofit newsroom, your support is crucial to keep this journalism alive. Whatever you can give — $10, $25, or $100 — helps us stay strong and responsive when the world needs us most. Together, we’ll continue to build the independent, courageous journalism our movement relies on. Thank you for being part of this community. |
Our work is licensed under Creative Commons (CC BY-NC-ND 3.0). Feel free to republish and share widely.
Calling Florida's disenfranchisement of felons who have completed their sentences "nonsensical" and unconstitutional, a federal judge on Thursday struck down the system that Republican Governor Rick Scott put in place in 2011.
\u201cVictory for the right to vote: A federal judge in Florida just struck down the state's voting rights restoration process for formerly incarcerated people. https://t.co/SpY59f7cuW\u201d— The Leadership Conference (@The Leadership Conference) 1517521747
Florida has been one of four states that have not automatically restored former felon's voting rights after they have served their time. The Brennan Center for Justice has called the state's system "one of the most punitive disenfranchisement policies in the country," barring 1.5 million people in the state from registering to vote--including 20 percent of the state's African-Americans of voting age.
Under Scott, convicted criminals who have served their time must wait five years after their release before they can apply through the Office of Executive Clemency to have their voting rights restored. The governor's Cabinet members are elected to serve on the panel, and Scott has had absolute veto authority over its decisions regarding former felon's civil rights.
"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," U.S. District Judge Mark Walker said. "Its members alone must be satisfied that these citizens deserve restoration... The question now is whether such a system passes constitutional muster. It does not."
The system violates both the First and Fourteenth Amendments, said Walker in his ruling on a lawsuit brought by the Fair Elections Legal Network on behalf of nine formerly incarcerated Florida residents.
The judge's ruling will not automatically restore voting rights to the state's former felons, but voting rights advocates say the strong rebuke of Scott's policy is the latest step toward enfranchisement. A recent campaign mounted by Floridians for Fair Democracy garnered enough support to have an amendment included on the state's November 2018 ballot that would restore voting rights to the formerly incarcerated, except those convicted of murder and sexual offenses.
The ruling and ballot initiative could have far-reaching implications for upcoming elections; President Donald Trump won Florida by just over 100,000 votes in November 2016.
Calling Florida's disenfranchisement of felons who have completed their sentences "nonsensical" and unconstitutional, a federal judge on Thursday struck down the system that Republican Governor Rick Scott put in place in 2011.
\u201cVictory for the right to vote: A federal judge in Florida just struck down the state's voting rights restoration process for formerly incarcerated people. https://t.co/SpY59f7cuW\u201d— The Leadership Conference (@The Leadership Conference) 1517521747
Florida has been one of four states that have not automatically restored former felon's voting rights after they have served their time. The Brennan Center for Justice has called the state's system "one of the most punitive disenfranchisement policies in the country," barring 1.5 million people in the state from registering to vote--including 20 percent of the state's African-Americans of voting age.
Under Scott, convicted criminals who have served their time must wait five years after their release before they can apply through the Office of Executive Clemency to have their voting rights restored. The governor's Cabinet members are elected to serve on the panel, and Scott has had absolute veto authority over its decisions regarding former felon's civil rights.
"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," U.S. District Judge Mark Walker said. "Its members alone must be satisfied that these citizens deserve restoration... The question now is whether such a system passes constitutional muster. It does not."
The system violates both the First and Fourteenth Amendments, said Walker in his ruling on a lawsuit brought by the Fair Elections Legal Network on behalf of nine formerly incarcerated Florida residents.
The judge's ruling will not automatically restore voting rights to the state's former felons, but voting rights advocates say the strong rebuke of Scott's policy is the latest step toward enfranchisement. A recent campaign mounted by Floridians for Fair Democracy garnered enough support to have an amendment included on the state's November 2018 ballot that would restore voting rights to the formerly incarcerated, except those convicted of murder and sexual offenses.
The ruling and ballot initiative could have far-reaching implications for upcoming elections; President Donald Trump won Florida by just over 100,000 votes in November 2016.
We've had enough. The 1% own and operate the corporate media. They are doing everything they can to defend the status quo, squash dissent and protect the wealthy and the powerful. The Common Dreams media model is different. We cover the news that matters to the 99%. Our mission? To inform. To inspire. To ignite change for the common good. How? Nonprofit. Independent. Reader-supported. Free to read. Free to republish. Free to share. With no advertising. No paywalls. No selling of your data. Thousands of small donations fund our newsroom and allow us to continue publishing. Can you chip in? We can't do it without you. Thank you.