August, 08 2022, 12:54pm EDT
For Immediate Release
Contact:
LDF: media@naacpldf.org
ACLUFL: media@aclufl.org
Brennan Center: Kendall Karson, karsonk@brennan.law.nyu.edu
ACLU National: Inga Sarda-Sorensen, isarda-sorensen@aclu.org
Voting and Civil Rights Organizations Release New Voting Resource for People with Past Convictions
WASHINGTON
Today, the Legal Defense Fund (LDF), American Civil Liberties Union of Florida (ACLU Florida), the Brennan Center for Justice at NYU School of Law, and the American Civil Liberties Union Voting Rights Project (ACLU) released a new resource for lawyers and advocacy groups to help Floridians with past felony convictions determine their eligibility to register and vote.
"Voting with a Criminal Record in Florida: What You Need to Know," written by voting and civil rights attorneys and policy experts, is meant for lawyers and advocacy experts looking to navigate Florida's complex legal landscape for voting created by the dual passage of the Voting Restoration Amendment (Amendment 4), in 2018, and the state's subsequent adoption, in 2019, of Senate Bill 7066 (SB 7066). The State of Florida has been repeatedly asked to provide the kind of guidance in "Voting with a Criminal Record in Florida" but has thus far failed, leading to dire consequences, including the prosecution of individuals for trying to exercise their right to vote following the passage of Amendment 4.
"The State of Florida continues to make it exceedingly difficult to obtain basic information a person needs to be able to determine their ability to register and vote," the resource notes. "Different elections officials and clerks' offices have different policies based on varying interpretations and understandings (sometimes clear misunderstandings) of the applicable laws and policies."
The resource is not intended for the general public and should not be relied upon as legal advice. It should be used in consultation with a lawyer or another expert who is able to interpret Florida's voting rules, and it is intended to serve as a starting point for assisting a returning citizen with determining whether they are eligible to register and vote.
Most recently, the state attorney for Florida's Eighth Judicial Circuit is prosecuting at least 10 people with past convictions for registering and voting in the 2020 elections while allegedly owing court fines and fees. But often people don't know they owe money, and even if they do, they may not be aware that paying off "legal financial obligations" - certain fines, fees, court costs, and restitution - is a precondition to voting. The state also doesn't keep centralized records or a database for tracking such debt or payments, often making it nearly impossible for people with past convictions, county officials, and the state itself to figure out who's eligible to vote.
The State of Florida has made it nearly impossible for many of its citizens to determine if they are eligible to vote, and--rather than assist those individuals--has resorted instead to prosecution.
The resource outlines a detailed, six-step process for determining someone's eligibility to register and vote under Amendment 4 and SB 7066
- Obtain the docket sheet and judicial/sentencing documents for each criminal conviction.
- Determine the basic facts about each conviction.
- Determine the terms of sentence for each conviction.
- Determine whether the State of Florida considers the sentence "completed" for purposes of voting.
- Next steps if a person's voter registration is rejected or they get a notice that they're ineligible after registration.
- Consult dedicated organizations for further assistance, including the Florida Rights Restoration Coalition and the League of Women Voters of Florida.
In addition to the full resource, the partner organizations have produced a one-page reference guide summarizing Florida's voter eligibility rules for citizens with past convictions (either in Florida or elsewhere).
The mission of the ACLU of Florida is to protect, defend, strengthen, and promote the constitutional rights and liberties of all people in Florida. We envision a fair and just Florida, where all people are free, equal under the law, and live with dignity.
LATEST NEWS
'This Is Genocide,' Amnesty International Says of Israel's Death Machine in Gaza
"Our damning findings must serve as a wake-up call to the international community," said Agnès Callamard, the group's secretary-general. "It must stop now."
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The leading human rights group Amnesty International said late Wednesday what United Nations experts, national leaders, and historians have been arguing for months: that Israel's massive assault on Gaza amounts to the crime of genocide against the Palestinian population.
Amnesty, which had sharply criticized Israel's U.S.-backed war but until Thursday stopped short of labeling it genocide, details its findings and conclusion in a sprawling new report titled "You Feel Like You Are Subhuman": Israel's Genocide Against Palestinians in Gaza.
The 296-page document features interviews with survivors and witnesses of Israel's large-scale campaign of bombing, displacement, arbitrary detention, and destruction of Gaza's agricultural land and civilian infrastructure, interviews supplemented by an analysis of satellite imagery, video footage, and other visual evidence.
Israeli authorities, the group said, did not respond substantively with any of its inquiries between October 2023—when the assault on Gaza began in the wake of the deadly Hamas-led attack on Israel—and October 2024. The report does, however, include quotes from Israeli officials and soldiers, including one who declared that "there is no innocence in Gaza."
"Through its research findings and legal analysis," the report states, "Amnesty International has found sufficient basis to conclude that Israel committed, during the nine-month period under review, prohibited acts under Articles II (a), (b), and (c) of the Genocide Convention, namely killing, causing serious bodily or mental harm and deliberately inflicting on Palestinians in Gaza conditions of life calculated to bring about their physical destruction in whole or in part."
Amnesty said it also "found sufficient basis to conclude that these acts were committed with the specific intent to destroy Palestinians in Gaza, as such, who form a substantial part of the Palestinian population."
Agnès Callamard, Amnesty's secretary-general, said in a statement that her organization's report "demonstrates that Israel has carried out acts prohibited under the Genocide Convention, with the specific intent to destroy Palestinians in Gaza."
"Month after month, Israel has treated Palestinians in Gaza as a subhuman group unworthy of human rights and dignity, demonstrating its intent to physically destroy them," said Callamard. "Our damning findings must serve as a wake-up call to the international community: this is genocide. It must stop now."
Amnesty published its findings more than a year into an Israeli assault that has killed more than 44,500 people in Gaza, displaced almost all of the enclave's population, and left many at dire risk of starvation and disease. Nearly 70% of the deaths verified by the U.N. have been women and children.
"Governments must stop pretending they are powerless to end this genocide, which was enabled by decades of impunity for Israel's violations of international law."
The human rights group's report comes less than a month after a special U.N. committee said that the Israeli military's actions in the Gaza Strip—including the obstruction of humanitarian aid and targeted attacks on civilians—bear "the characteristics of genocide."
Amnesty echoes that assessment, pointing to Israel's mass destruction of cultural and religious sites in Gaza, detention and torture, use of dehumanizing language against Palestinians, and—in the case of many soldiers—the open celebration of Palestinian suffering.
"Amnesty International considers that the pattern of conduct which characterized Israel's military operations, coupled with the statements of Israeli officials and soldiers made in a context of apartheid, an unlawful blockade, and an unlawful military occupation, provide sufficient evidence of Israel's intent to destroy Palestinians in Gaza, as such," the report states.
Callamard called on nations continuing to provide military support for Israel's assault, including the United States, to cease arms transfers immediately, as they are "violating their obligation to prevent genocide and are at risk of becoming complicit in genocide."
"The international community's seismic, shameful failure for over a year to press Israel to end its atrocities in Gaza, by first delaying calls for a cease-fire and then continuing arms transfers, is and will remain a stain on our collective conscience," said Agnès Callamard.
"Governments must stop pretending they are powerless to end this genocide, which was enabled by decades of impunity for Israel's violations of international law," she added. "States need to move beyond mere expressions of regret or dismay and take strong and sustained international action, however uncomfortable a finding of genocide may be for some of Israel's allies."
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The nonpartisan Congressional Budget Office projected Wednesday that extending provisions of the 2017 Trump-GOP tax law that are set to expire at the end of next year would shrink the U.S. economy over the long run, a finding that came as Republicans planned to move ahead with another round of regressive tax cuts within the first 100 days of the new Congress.
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"Expiration increases the long-term growth of potential GDP by about 6 basis points," the CBO said.
Sen. Sheldon Whitehouse (D-R.I.), chairman of the Senate Budget Committee, said in response to the CBO's findings that "the looting has begun."
"Far from unleashing record-breaking growth, the next Trump tax scam will make hardworking families worse off, shrink our economy, and blow a $4.6 trillion hole in the deficit," said Whitehouse. "What a racket, to push for trillions in tax cuts so billionaires keep paying lower rates than nurses and plumbers, and then cite deficit concerns to rob families needing things like home heating or childcare."
"Looting the treasury for megadonors is a rotten trick," the senator added, "and no amount of budgetary smoke and mirrors will hide it."
The CBO report was published as congressional Republicans continued to map out their legislative agenda before taking control of both chambers in January. The Associated Pressreported earlier this week that "in preparation for Trump's return, Republicans in Congress have been meeting privately for months and with the president-elect to go over proposals to extend and enhance those tax breaks, some of which would otherwise expire in 2025."
"It's always been about further enriching political and economic elites even at the cost of our economic future."
During the 2024 campaign, Trump pledged to sustain individual tax breaks enacted by the 2017 law—which disproportionately benefited the rich—and further reduce the statutory tax rate for U.S. corporations.
"The last time Republicans spent this much money for no apparent gain was the war in Iraq," Sen. Ron Wyden (D-Ore.), chairman of the Senate Finance Committee, said Wednesday. "Trump's political donors want a return on their investment, and Republicans are going to give it to them, even at the cost of shrinking our economy and destroying jobs."
To offset the massive projected cost of extending the 2017 law and enacting new corporate tax cuts, Republicans are planning to pursue deep cuts to Medicaid, federal nutrition assistance, and other programs that help low-income Americans meet basic needs.
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David Kass, executive director of Americans for Tax Fairness, called the latest CBO analysis of the Republican Party's tax policies "even more damning than previous iterations."
"Using the country's credit card to give away trillions of dollars to the wealthiest Americans and big corporations would be disastrous for our economy and the average American," Kass said Wednesday. "The Trump Tax Scam bill has never been about economic growth or improving the lives of working and middle-class Americans. It's always been about further enriching political and economic elites even at the cost of our economic future."
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"We the people means all the people," said the ACLU. "There is no 'transgender' exception to the U.S. Constitution."
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Attorneys who argued against Tennessee's ban on gender-affirming healthcare at the U.S. Supreme Court on Wednesday expressed hope that the court's nine justices will take "the opportunity to affirm the essential freedom and equality of all people before the law," while reports indicated that the right-wing majority is inclined to uphold the ban.
"Every day this law inflicts further pain, injustice, and discrimination on families in Tennessee and prevents them from receiving the medical care they need," said Lucas Cameron-Vaughn, staff attorney at the ACLU of Tennessee, which represented three families and a physician. "We ask the Supreme Court to commit to upholding the promises of the U.S. Constitution for all people by putting an end to Tennessee's state-sanctioned discrimination against trans youth and their families."
The law, S.B. 1, which was passed in March 2023, bars medical providers from prescribing puberty-delaying medications, other hormonal treatment, and surgical procedures to transgender minors and youths with gender dysphoria.
The Supreme Court case, United States v. Skrmetti, applies only to the ban on puberty blockers and hormonal therapy for minors; a lower court found the plaintiffs did not have legal standing to challenge the surgery ban.
The ACLU, the ACLU of Tennessee, Lambda Legal, and a law firm were joined by the Biden administration in arguing that Tennessee allows doctors to prescribe puberty blockers and other hormonal treatments for youths with congenital defects, early puberty, diseases, or physical injuries.
As such, said the plaintiffs, Tennessee's ban for transgender and nonbinary youths violates the U.S. Constitution's 14th Amendment, which guarantees equal treatment under the law.
"My heart—and the heart of every transgender advocate fighting this fight—is heavy with the weight of what these laws mean for people's everyday lives."
The court's three liberal justices—Justices Sonya Sotomayor, Elena Kagan, and Ketanji Brown Jackson—all indicated they believed Tennessee has tried to classify people according to sex or gender with the law.
"One of the articulated purposes of this law is essentially to encourage gender conformity and to discourage anything other than gender conformity," said Kagan. "Sounds to me like, 'We want boys to be boys and we want girls to be girls,' and that's an important purpose behind the law."
Matthew Rice, the lawyer representing Tennessee in the case, claimed the state simply wants to prevent "regret" among minors, and the court's six conservative justices signaled they were inclined to allow Tennessee to ban the treatments—which are endorsed by the American Academy of Pediatrics and other top medical associations.
Chief Justice John Roberts said the nine justices should not overrule the decision made by lawmakers representing Tennessee residents, considering there is debate over the issue, and pointed to changes some European countries have made to their gender-affirming care protocols for minors.
Representing the Biden administration, U.S. Solicitor General Elizabeth Prelogar acknowledged that there has been debate about gender-affirming care in the U.S. and abroad, but pointed out that countries including the U.K. and Sweden have not outright banned treatment.
"I think that's because of the recognition that this care can provide critical, sometimes lifesaving benefits for individuals with severe gender dysphoria," she said.
Following the arguments, plaintiff Brian Williams, who has a 16-year-old daughter in need of gender-affirming care, addressed supporters who had assembled outside the Supreme Court.
"Tennessee's ban on gender-affirming medical care is an active threat to the future my daughter deserves," said Williams. "It infringes not only on her freedom to be herself but on our family's love for her. We are not expecting everyone to understand everything about our family or the needs of transgender young people like our daughter. What we are asking for is for her freedom to be herself without fear. We are asking for her to be able to access the care she needs and enter adulthood knowing nothing is holding her back because of who she is."
Sotomayor said there is "very clear" evidence "that there are some children who actually need this treatment."
A 2022 study led by researchers at the University of Washington found that transgender and nonbinary youths aged 13-20 were 60% less likely to experience moderate or severe depression and 73% less likely to be suicidal after receiving gender-affirming care.
Prelogar asked the justices to "think about the real-world consequences of laws like S.B. 1," highlighting the case of a plaintiff identified as Ryan Roe.
Roe had such severe gender dysphoria that "he was throwing up before school every day," said Prelogar. "He thought about going mute because his voice caused him so much distress. And Ryan has told the courts that getting these medications after a careful consultation process with his doctors and his parents, has saved his life."
"But Tennessee has come in and categorically cut off access to Ryan's care," she added. "This law harms Ryan's health and the health of all other transgender adolescents for whom these medications are a necessity."
Tennessee is home to about 3,100 transgender teenagers, and about 110,000 transgender youths between the ages of 13-17 live in the 24 states where gender-affirming care is restricted.
More than 20 states have laws that could be impacted by the court's ruling in United States v. Skrmetti.
"My heart—and the heart of every transgender advocate fighting this fight—is heavy with the weight of what these laws mean for people's everyday lives," said Chase Strangio, co-director of the ACLU's LGBTQ & HIV Project. "But I also know that every out trans person has embraced the unknown in the name of living free from shame or the limits of other people's expectations."
"My heart aches for the parents who spent years watching their children in distress and eventually found relief in the medical care that Tennessee now overrides their judgment to ban," said Strangio. "Whatever happens today, tomorrow, and in the months and years to come, I trust that we will come together to fight for the realized promise of our Constitution's guarantee of equal protection for all."
A ruling in the case is expected in June.
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