Judge will rule part of Florida felon voting law unconstitutional
Source: Politico
A federal judge signaled that he would find part of a Florida law restricting the voting rights of former felons unconstitutional as a high-stakes trial in the presidential battleground state wrapped up Wednesday.
The outcome of the litigation could clear the way for hundreds of thousands of people with felony convictions to vote in a state where elections are won and lost by razor-thin margins. Its also likely that the legal battle could go to the U.S. Supreme Court before its finally resolved.
A law passed in 2019 by the Republican-controlled Florida Legislature requires people who have been convicted of a felony to pay outstanding court debts in order be eligible to vote. GOP legislators passed the bill after voters in 2018 overwhelmingly approved Amendment 4, a constitutional amendment that aimed to end the states lifetime ban on voting for most people with felony convictions.
U.S. District Judge Robert Hinkle made clear that he would rule that Florida could not impose the restriction on anyone unable to pay their outstanding debts. The decision lines up with a preliminary ruling from Hinkle that later was upheld by a federal appeals court.
The Legislature plainly intended that you had to pay the money in order to vote, and if you didnt pay the money you didnt vote, Hinkle sa
Read more: https://www.politico.com/states/florida/story/2020/05/06/judge-will-rule-part-of-florida-felon-voting-law-unconstitutional-1282708
procon
(15,805 posts)wrapped up in sparkly paper and a glittering bow. It still boils down to some people have to pay to vote.
Gothmog
(144,945 posts)iluvtennis
(19,836 posts)CaptainTruth
(6,576 posts)As the article states, "Florida could not impose the restriction on anyone unable to pay their outstanding debts"
Note the word UNABLE. That was a key part of the original lawsuit that lead to this. It doesn't say that ex-felons who simply HAVEN'T paid will get voting rights back, it says ex-felons who are UNABLE to pay will get their voting rights back.
My concern is that Florida can follow the court ruling by making ex-felons prove they're truly unable to pay. Only those that make a convincing case that they're unable, or are judged by the state to be unable (by who? A judge? A committee?) will have their voting rights restored.
Imagine what the process for "proving you're unable to pay" could look like. Ex-felons would have to submit piles of financial info, documenting every penny earned & every penny spent, potentially over years. You bought a new TV when they were on sale? Sorry, that shows you could have paid some $$$ toward your fines but chose not to, so you're not "unable" & therefore this court ruling doesn't apply to you & you don't get your voting rights back.
I hope I'm wrong but Republicans in FL are getting desperate & it won't surprise me at all if they try to do this.
docgee
(870 posts)csziggy
(34,131 posts)I don't see the state of Florida making an effort to sort out ability to pay. They just want to continue to block all people who have served their sentences from voting so are willing to use a broad brush to do so.
MichMan
(11,870 posts)What is the appropriate legal response for someone who is able to pay restitution to the victims they stole from, and just refuse to comply ? Many of these were plea bargains to pay restitution and avoid more jail time.
While voting should be permitted in the mean time, it seems like they need to go back to jail.
dlk
(11,514 posts)Gothmog
(144,945 posts)truthisfreedom
(23,140 posts)This whole thing makes me worry a little.