2018 Florida Amendment 4
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Voting Rights Restoration for Felons Initiative | ||||||||||||||||||||||
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Elections in Florida |
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Government |
Florida Amendment 4, also the Voting Rights Restoration for Felons Initiative, is an amendment to the
The campaign was sponsored by the Florida Rights Restoration Coalition and had support from the American Civil Liberties Union, Christian Coalition of America, and Freedom Partners. Among politicians who took a side on the amendment, several Democrats supported the measure, while some Republicans opposed it. Amendment 4 passed with 64.55% of voters in favor. In January 2019, an estimated 1.4 million ex-felons became eligible to vote.[5] However, a series of court rulings culminating in a September 2020 11th Circuit appeals court decision restricted re-enfranchisement to only those who had paid off their fines.[6]
Background
In 2016, 6.1 million adults in the United States could not vote due to felony disenfranchisement laws.
As Governor of Florida, Charlie Crist reformed the process for the reinstatement of voting rights in 2007, allowing non-violent offenders to have their voting rights automatically restored.[11][12] Over 155,000 applications for voting right restoration were approved during Crist's four-year term.[9] Shortly after succeeding Crist as governor, Rick Scott, with the advice of Florida Attorney General Pam Bondi, ended the automatic restoration for felons convicted of non-violent crimes in the state and instituted a mandatory five-year wait period before felons could apply to the State Board of Executive Clemency for restoration of voting rights.[12][13][14] During the first seven years of Scott's tenure, 3,000 applications were approved.[9]
Seven former felons filed a lawsuit against the state of Florida in the
Campaign
Demetrius Jifunza became an outspoken advocate for Amendment 4
The FRRC partnered with the
Text
As it appeared on the Florida ballot on November 6, 2018, the text of the amendment read:[29][30]
No. 4 Constitutional Amendment Article VI, Section 4. Voting Restoration Amendment This amendment restores the voting rights of Floridians with felony convictions after they complete all terms of their sentence including parole or probation. The amendment would not apply to those convicted of murder or sexual offenses, who would continue to be permanently barred from voting unless the Governor and Cabinet vote to restore their voting rights on a case by case basis.
The full text of the constitutional amendment was available to voters in a booklet provided by the Florida Division of Elections.[31] A 60 percent vote in favor was required for approval.
Results
Florida Amendment 4 (2018) | |||
Choice | Votes | % | |
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Yes | 5,148,926 | 64.55% | |
No | 2,828,339 | 35.45% | |
Total votes | 7,977,265 | 100.00% | |
Registered voters and turnout | 13,200,872 | 60.43% |
Implementation
The amendment went into effect on January 8, 2019, making an estimated 1.4 million people with felony convictions eligible to register to vote.[5]
Some proponents[
In mid-2019, Republican Governor DeSantis signed a bill into law. Originating in the Florida Senate, SB 7066, it required that "people with felony records pay 'all fines and fees' associated with their sentence prior to the restoration of their voting rights". According to one commentator, this legislation "subverts" Amendment 4.
On May 24, 2020, US District Court Judge
The broadness of these categories would de facto make nearly all felons eligible to vote, as the Tampa Bay Times found most felons are appointed attorneys and nearly all have their court fees and fines converted to liens. Hinkle acknowledged the "overwhelming majority" of felons would be found unable to pay under these categories. He also ordered the state to make the related changes to the state voter registration form and create a process in which felons could formally request an advisory opinion on how much they owe, and election officials would have to respond within three weeks or the felon would be allowed to register to vote by default.
In the case of a loss on the constitutional claims, the state had made two main secondary arguments at trial. The state argued that if the ballot initiative's language requiring all felons to complete their sentences was unconstitutional in part or in whole, the entire amendment needed to be struck down, as it was nonseverable. Hinkle ruled against the state on the issue of severability and stated that his order was a justifiable exercise of the courts discretion to provide relief. Hinkle rejected the state's argument that the amendment would need to be thrown out, as the ruling would radically redefine what voters thought they were approving in 2018, with nearly all felons eligible without paying fines/fees/restitution, ruling that he believes Florida voters would have "adhered to a generous spirit that led to passage of the amendment" and pointed to the fact that only some of the promotional material for the amendment explicitly mentioned fines and restitution.[40][41][42]
On September 11, 2020, the
See also
- Felon disenfranchisement in Florida
References
- ^ "Initiative Information". Florida Division of Elections. Retrieved September 26, 2018.
- ^ Lopez, German (November 6, 2018). "Florida votes to restore ex-felon voting rights with Amendment 4". Vox. Retrieved January 1, 2019.
- ^ "'Our Voice Will Count.' Former Felon Praises Florida Passing Amendment 4, Which Will Restore Voting Rights to 1.4 Million People". Time. Retrieved January 1, 2019.
- ^ "Florida voters approve Amendment 4 on restoring felons' voting rights". Miami Herald. Retrieved January 1, 2019.
- ^ a b "Florida ex-felons can begin registering to vote as Amendment 4 takes effect". CBS News. January 8, 2019. Retrieved January 9, 2019.
- ISSN 0362-4331. Retrieved October 12, 2020.
- ^ "What would happen if 6.1 million felons could vote in the 2016 US election? — Quartz". Qz.com. October 6, 2016. Retrieved January 11, 2019.
- ^ "Voting Rights Restoration Efforts in Florida". Brennan Center for Justice. November 7, 2018.
- ^ a b c "Felons In Florida Want Their Voting Rights Back Without A Hassle". NPR. July 5, 2018. Retrieved January 9, 2019.
- ^ Annika Hammerschlag (January 15, 2018). "Florida's felon voting ban dates back to Jim Crow". Naples News.
- ^ Goodnough, Abby (April 5, 2007). "Florida Lets Most Felons Regain Voting Rights". The New York Times. Retrieved September 22, 2020.
- ^ a b Peter Wallsten (March 8, 2011). "Fla. Republicans make it harder for ex-felons to vote". Washington Post.
- ^ Dara Kam (February 25, 2011). "Florida's new GOP attorney general aims to undo automatic restoration of felons' rights". Palm Beach Post. Retrieved January 9, 2019.
- ^ "Scott, clemency board do away with automatic restoration of rights for felons". Palm Beach Post. March 9, 2011. Retrieved January 11, 2019.
- ^ "Florida ex-felons challenge voting rights restrictions in lawsuit". Reuters. March 13, 2017. Retrieved January 10, 2019.
- ^ Hand v. Scott, Civil Rights Litigation Clearinghouse, University of Michigan Law School.
- ^ "Judge strikes down Florida's system for restoring felons' voting rights". Tampa Bay Times. February 1, 2018. Retrieved January 9, 2019.
- ^ Jim Saunders (April 4, 2018). "Florida appeals U.S. judge's ruling on restoring felons' voting rights". Palm Beach Post.
- ^ "Rick Scott wins round as appeals court blocks rejection of felons' voting rights system". Tampa Bay Times. April 25, 2018. Retrieved January 11, 2019.
- ^ Lulu Ramadan; Mike Stucka; Wayne Washington (October 27, 2018). "Florida felon voting rights: Who got theirs back under Scott?". Sarasota Herald. Retrieved January 10, 2019.
- ^ Steven Lemongello (January 23, 2018). "Floridians will vote this fall on restoring voting rights to former felons". Sun Sentinel. Retrieved January 10, 2019.
- ^ a b "Inside the Unlikely Movement That Could Restore Voting Rights to 1.4 Million Floridians". Mother Jones. October 6, 2016. Retrieved January 10, 2019.
- ^ a b Steven Lemongello (October 20, 2018). "Manatee County man becomes leading advocate for restoring felons voting rights". Herald Tribune. Retrieved April 8, 2019.
- ^ "Koch-funded group supports voting rights for felons in Florida". Tampa Bay Times. September 13, 2018. Retrieved January 11, 2019.
- ^ Crist, Charlie (February 11, 2018). "Ex-felons in Florida need their voting rights back". USA Today. Retrieved February 9, 2019.
- ^ "Where they stand: Candidates for governor on vote for felons | Tampa Bay Times". Tampabay.com. January 30, 2018. Retrieved January 11, 2019.
- ^ Andrew Pantazi (October 19, 2018). "Gillum, DeSantis present contrasting views on criminal justice". Gainesville Sun. Retrieved January 11, 2019.
- ^ Dailey, Ryan (October 29, 2018). "Faith, Political Leaders Voice Support For Gillum, Amendment 4". WFSU. Retrieved February 8, 2019.
- ^ Florida official sample ballots, 2018, Ballotpedia. Retrieved March 26, 2019.
- ^ Official Sample Ballot, General Election, November 6 2018, Flagler elections. Retrieved March 26, 2019.
- ^ Florida Division of Elections, Proposed Constitutional Amendments and Revisions for the 2018 General Election. Retrieved March 26, 2019.
- ^ Steve Bousquet, Steve Contorno & David Smiley (December 4, 2018). "Confusion clouds restoration of Florida felons' voting rights". Tampa Bay Times. Retrieved January 10, 2019.
- ^ David Smiley (January 7, 2019). "Still unclear how Florida government will handle Amendment 4". Miami Herald.
- WJHG.
- ^ Alvarez, Robert P. (July 10, 2019). "Return of the Poll Tax". otherwords.org. OtherWords. Retrieved July 21, 2019.
The poll tax Florida Governor Ron DeSantis just signed into law may cost his state $365 million a year — indefinitely...DeSantis and the GOP-led Florida legislature recently made quick work of dismantling Amendment 4, a voter-approved ballot initiative that would've restored the right to vote to Floridians with felony convictions who'd completed their sentences (except those convicted of sex offenses or murder)...DeSantis' new bill, SB 7066, subverts Amendment 4 by stipulating that people with felony records pay "all fines and fees" associated with their sentence prior to the restoration of their voting rights. This deliberately undercuts the outcome voters intended to secure when they passed the initiative with a supermajority.
- ^ "Being poor shouldn't stop Florida felons from voting, judge rules in Amendment 4 case". Tampa Bay Times.
- ^ "Florida Gov. DeSantis appeals judge's order in Amendment 4 lawsuit". Cltampa.com. November 18, 2019. Retrieved May 26, 2020.
- ^ "Florida Supreme Court issues setback for Amendment 4 supporters". Tampa Bay Times.
- ^ "Jones v. Florida" (PDF). February 19, 2020.
- ^ Schorsch, Peter (May 25, 2020). "Judge rules against Florida on felons paying fines to vote". Florida Politics. Retrieved May 25, 2020.
- ^ Mower, Lawrence. "Federal judge: Florida can't stop poor felons from voting". Tampa Bay Times. Retrieved May 25, 2020.
- ^ "U.S. Court Rules Florida Cannot Force Felons to Pay Fees Before Voting". New York Times. Retrieved May 24, 2020.
- ISSN 0362-4331. Retrieved October 12, 2020.
External links
- Amendment text and history at Florida Department of State
- Amendment 4 (2018) at Ballotpedia