The Washington Post - 20.10.2019

(Darren Dugan) #1

A10 EZ RE K THE WASHINGTON POST.SUNDAY, OCTOBER 20 , 2019


BY LORI ROZSA

The right t o vote for 1.4 million
felons in Florida got a boost
Friday when a federal judge
ruled that the state can’t prevent
felons from voting, even if they
can’t afford to pay court-ordered
fines and fees.
This latest chapter in the on-
going battle between voting
rights activists and the Republi-
can-led state legislature and G ov.
Ron DeSantis is a win for those
who want their voting rights
restored.
“We’re thrilled that the judge
ruled in our favor and said
voting should not be pay-to-
play,” said Patti Bingham, presi-
dent of the League of Women


Voters of Florida.
Last November, Floridians
overwhelmingly approved a con-
stitutional amendment that re-
stored voting rights to most fel-
ons once they completed their
sentences, making it the largest
expansion of voting rights in the
country in 50 years. Thousands
of felons registered after the
amendment took e ffect on Jan. 8.
But in June, DeSantis signed a
law that said only f elons who had
paid all f ines, f ees a nd restitution
could register to vote. Voting
advocates estimate that this
would impact between 500,
to 800,000 felons.
On Friday, U.S. District Judge
Robert Hinkle ruled that the
state can ask that the fines be
paid, but it can’t bar anybody
from voting if they can’t afford to
pay.
He noted that while the Flori-
da Supreme Court will hear a
different lawsuit on the issue
next month, time is running out
for felons who want to vote.

Local elections will take place in
November around the state, and
the presidential primary is in
March.
“When an eligible citizen miss-
es an opportunity to vote, the
opportunity is gone forever; the
vote cannot later be cast,” Hinkle
wrote. “So when the state wrong-
ly prevents an eligible citizen
from voting, the harm is irrepa-
rable.”
Hinkle’s ruling technically ap-
plies to only 17 people named in
the lawsuit, which was brought
by the NAACP and several other
groups. But experts expect it to
be applied more broadly to other

felons in the state.
Ta mpa pastor Clifford Tyson
was one of the 17 felons cited in
Hinkle’s opinion. He said he has
tried several times to see if he
owes any fines from decades-old
convictions for armed robbery
and theft. He registered to vote
on Jan. 8, and has voted in two
local elections since then.
“I was so excited t o vote f or the
first time i n 42 years,” Tyson said.
“I brought my 5-year-old grand-
son w ith me, he wanted to watch.
When they handed me the ballot
and directed me to the voting
book, I began to cry. Tears kept
on flowing.”

But after DeSantis signed the
law limiting which felons could
register, Ty son s aid he is afraid t o
vote now.
“A fter that bill came out, I have
not attempted to vote. I’ve been
afraid to vote. I don’t want to
break the law,” Tyson said.
He said he can’t find out how
much money in court fines he
owes, if any.
“I tried to find out what I
owed. I went to the clerk of court
four times,” Tyson, 63, said. “I
still couldn’t find everything I
needed.”
“Today’s ruling affirms the
governor’s consistent position
that convicted felons should be
held responsible for paying ap-
plicable restitution, fees and
fines while also recognizing the
need to provide an avenue for
individuals unable to pay back
their debts as a result of true
financial hardship,” DeSantis
spokeswoman Helen Aguirre
Ferre said in a statement.
Desmond Meade, president of

the Florida Rights Restoration
Coalition, said his drug convic-
tion more than 20 years ago
didn’t carry any fines. Meade
registered to vote on Jan. 8. He
agreed that Hinkle’s decision
shows progress, but “I think that
maybe we’re treading a little
water” with the state’s rules
about paying fines before regis-
tering to vote.
“It gets frustrating, because of
the heightened sense of uncer-
tainty,” Meade said. “We run
across a lot of people who are
nervous, they’re confused.”
“The court made clear that
wealth cannot be a barrier to
right restoration,” said Myrna
Pérez, director of the Brennan
Center for Justice’s Voting Rights
and Elections Program. “And he
said the state has to come up
with an efficient process so that
everyone who cannot pay, can
establish that. He was pretty
clear that the legislature created
a mess.”
[email protected]

Florida can’t block felons with unpaid fines from voting, federal judge rules


State may ask for fees
to be paid but may not
bar people from the polls

“We’re thrilled that the judge ruled


in our favor and said voting should not


be pay-to-play.”
Patti Bingham,
president of the League of Women Voters of Florida

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