Florida’s Voting-Rights Fight Could Tip the 2020 Election

Feb 21, 2020 · 190 comments
ManhattanWilliam (New York City)
I can't think of ANYTHING more ridiculous than the idea of Florida being involved in yet another election cliff-hanger after the debacle of 2000. They can't figure out who to let vote or count the votes in that state, is this what I'm hearing? Well one thing's for sure: we can't blame the Russians on THIS matter, and it shows just how twisted and undemocratic our institutions are when the simple idea of "one man, one vote" properly applied and counted can't be done in 2020. What does that say about ALL OF US?
Jack Sonville (Florida)
Florida Republicans have been trying to undo Amendment 4 since before it passed, because they recognized the risks it posed to their gerrymandered choke-hold on the state's political system. It is no coincidence that virtually every effort to keep people from voting, from Jim Crow laws to poll taxes to fake fraud claims to limiting the number of polling places in minority communities, traces back to Republicans in the South. This is but another example.
Clio (NY Metro)
Actually, Jim Crow and the other laws were implemented by the Southern Democrats. The parties have realigned.
Anthony (Orlando)
I live in Orlando Florida and voted yes on Amendment 4. I was angry when what we voted for was thwarted by Republican politicians intent on maintaining power by limiting the vote to only those who were apt to vote for them. As a senior who voted both times For George Bush for president I realize now if all Floridians had been able to vote we would of avoided his disastrous presidency. If this had been in place in 2018, I doubt Republicans would of won the Senate seat or the governorship. Most elections in Florida are close. But with this law Florida will turn blue which is why this is being fought so fiercely .
Carolyn H (Seattle)
Once a person has served the sentence, they should automatically have their voting rights restored. And with this country having targeted blacks and other minorities, those who generally vote Democratic, is it any wonder the Republicans fear losing control? I am open to the idea that people can vote while in prison, although that involves discussion and, ew, compromise!
Independent Observer (Texas)
@Carolyn H "Once a person has served the sentence, they should automatically have their voting rights restored" I agree, along with their 2nd Amendment rights, correct? After all, the restoration of a felon's rights means the whole enchilada, not some cherry-picked affair.
Len Charlap (Princeton NJ)
@Independent Observer - But as Scalia observed in Heller, reasonable restrictions on gun ownership are not restricted by the decesion. For example, nobody has the right to own a rocket propelled grenade launcher.
David Baldwin (Petaluma CA)
I yearn for the day when we have free and fair elections without gerrymandering and voter suppression tactics. Only then will we have a representative democracy, only then will we have politicians who pursue policies that represent the will of the people. Instead of searching for ways to keep people from voting, Republicans should come up with ideas that will help Americans - all Americans - lead better lives. Why isn't this obvious to them?
Buttons C (Toronto)
A free and fair vote would require the abolishment of the Electoral College and the winner take all manner that the seats are assigned.
hm1342 (NC)
@David Baldwin: "I yearn for the day when we have free and fair elections without gerrymandering and voter suppression tactics." That will only happen when political parties cease to exist.
hm1342 (NC)
@Buttons C: "A free and fair vote would require the abolishment of the Electoral College and the winner take all manner that the seats are assigned." "Winner-take-all" awarding of electors for President is not mentioned in the Constitution.
ABG (Austin)
GOP says, "Let the voters decide!" GOP also says, "Let us decide the voters!" And that is how we became a fascist state.
carlg (Va)
When I was a teenager 45 years ago republicans were against motor votor bills. I didn't understand why they would want to make it difficult for people to register to vote and that left me with a distrust of the R party. Now I certainly understand that they are still unable to act fairly, honestly and work toward giving people a reason to vote for them. They can only win by lies, cheating and changing rules, obstacles. They have been very successful at it to the point that an American presidential campaign was willing to solicit and accept aid from an adversary, laws and constitution be damned.
P Courtney Colllins (Miami, Florida)
I couldn't;t get past the first paragraph. "Some day, and possibly sooner." Really?? They've already enabled a treasonous president to remain in office. We're there, now.
LAM (New Jersey)
Republicans can only win by cheating - aren’t you embarrassed if you are a Republican or have you no shame ?
Rax (formerly NYC)
I hope whomever runs in for dem potus chooses Stacey Abrams as VP. She is great at fixing the destruction of voting rights.
Simon (On a Plane)
You wouldn’t be writing this if they tended to vote republican.
T (Blue State)
Florida voting machines were hacked by Russia. This is a fact. Which counties is the only hidden part of the story. This is not the first time Florida betrayed the nation at the polls.
Just Me (California)
FL has so many reasons to rid themselves of trump party and this is one of them. How many times has FL voted for something just for trump lackey's to undermine it? This is not the first time and not the last. They have a history of doing this. Another great reason to lose the trump party is climate chg. U can't live in FL and really deny climate chg.
Pat (NYC)
We can be sure that the GOP will work ferociously to undo what the Florida populace voted for in 2018. They need to keep FL in the red column to continue their assault against women and minority populations.
David Miller (NYC)
This suggests that contributing to any effort in Florida to register former felons to vote is an important vote for America = for democracy. The Democratic Party of Florida is one such organization.
Figgsie (Los Angeles)
The paper can do its part by pressing the issue. By vowing to do more than publishing one opinion column. By being a true force for good and advocating for the rights of these individuals. By being persistent and loud. We readers don't have any pull. You do. Please use it.
Frank (Austin)
White people have really no idea how White people have disenfranchised Blacks since they were freed from slavery. It is truly deplorable this continues to this day in Florida. We must all join in to educate, invigorate, and create real change. We are all equal, all human. Let's be the light.
Robert (Tallahassee, FL)
The canard that Florida's felon disenfranchisement law was racially motivated continues to be peddled by a shamelessly disingenuous NYT. In Johnson v Bush, a 2005 opinion by the same 11th circuit that just sided with the plaintiffs against Florida, the court found: "There is no doubt that Florida’s decision to adopt a criminal disenfranchisement law in these early Constitutions was based on a non-racial rationale. At that time, the right to vote was not extended to African-Americans, and, therefore, they could not have been the targets of any disenfranchisement law. The plaintiffs, however, point to 1868 as the critical date on which they allege Florida’s disenfranchisement law became motivated by racial discrimination….The plaintiffs offer no contemporaneous evidence from the 1868 constitutional convention demonstrating that racial discrimination motivated the enactment of the 1868 disenfranchisement provision. To advance their theory, the plaintiffs rely almost exclusively on a few isolated remarks made after the 1868 Constitutional Convention. Although these comments reflect an unfortunate and indefensible racial animus in nineteenth-century Florida politics, there is no evidence that these post-convention comments referenced the 1868 disenfranchisement provision." The Times should stop repeating a line that has been debunked in court, is not germane to the issue of the effect of costs on voting, and serves only to gin up the masses.
Yojimbo (Oakland)
Here is the perfect opportunity for Bloomberg to prove what a magnanimous Democrat he is. Pay the fines for them if they lose in April. The article is not clear how much this would cost, but it would be fair penance for the Black and Brown lives he ruined with stop and frisk. And no, don't tell me the only lives ruined were those of the fraction of 1% stopped who were criminals. If you think that way you don't know the trauma of having your life and freedom threatened by law enforcement officers who hold your life in their hands. It lasts.
BamaGirl (Tornado Alley, Alabama)
We won’t forget how nasty and mean-spirited the GOP was to our neighbors.
Gary (Brooklyn)
Six percent of Florida’s population are ex-felons? Our economic and justice systems are broken, at best.
jck (nj)
Any American who is convicted of a felony should not be allowed to vote due to their irresponsible behavior. As Forrest Gump says "Stupid is as stupid does."
BR (Bay Area)
I’m sure that the SC will rule in favor of the republicans. That’s what they are there for. And anyone who thinks otherwise is delusional. If the total outstanding amount is 250M, we should raise money and pay it off right now. Someone please start a GoFundMe and also lobby some billionaires (Mike Bloomberg - here is your chance to legally buy the election). 250M is cheap. Heck, I’m sure 10M Democrats would contribute $25 each.
MF (NYC)
It is tiring just to read all of the vigilance that needs to take place over people in power. But I’m sure this one is on Stacey Abrams’s punch list for “Fair Fight” Voting Right. Ha! Maybe Florida should change their license plates from the “Sunshine” State to the “disenfranchised” state to raise awareness!
counsel9 (Island)
250k. Peanuts to Bloomberg. He could pay it off and encourage the 1.4 m Ex felons to register with their families, to vote ...blue. Even if only 20% of them vote blue ...it could swing those 29 electoral college votes. Dems buying the election.....? If the cap fits .....
Norville T. Johnston (New York)
Well then Trump's First Step Act should lock these votes up. No pun intended.
Silly (Rabbit)
Pretty bold to assume that felons would not vote GOP. You do realize most of them are white right?
Sam (New York)
This is so blatantly racist and undemocratic. We as a country really need to bar these Florida politicians of the right to vote; they are true criminals.
Larry Roth (Upstate New York)
Republicans can only hold power by cheating. And they do.
Blackmamba (Il)
With 5% of humanity America has 25% of the world's prisoners. And while only 13% of Americans are black African American like Ben Carson, Will Hurd, Tim Scott and Clarence Thomas, about 40% of the prisoners are black because black men, women and children are persecuted for acting like white European American men, women and children do without any criminal justice consequences. Prison is the carefully carved clever colored concocted consistent black and brown African American exception to the 13th Amendment's abolition of slavery and involuntary servitude. See 'The New Jim Crow: Mass Incarceration in an Age of Colorblindness' Michelle Alexander; '13th" Ava DuVernay
chickenlover (Massachusetts)
Republicans are winning because of a rigged system that includes among other things: gerrymandering, voter suppression, electoral college and downright cheating. Their base is dwindling and is on the last gasp. Unless the party realizes that and opens its arms to include more minorities and people of color and women, they will be finished in a little over a decade. And that is a shame because we do need a vigorous opposition to the Democratic party lest that run amok and out of control.
NYC BD (New York, NY)
What a wonderful world we would live in if the Republicans channeled all the time and mental energy they spend on suppressing the vote towards actually doing things that improve the lives of Americans! One of the big problems with this situation is that as things stand now, if you get out of jail and actually have a little bit of money, are you going to use the money to pay court fees if the only thing that does for you is allow you to vote? I'm sure they have a lot of other expenses that would rank above voting. Hopefully the courts will rule quickly and wisely and those who are currently disenfranchised will use it as motivation to show up and vote out the people who purposefully disenfranchised them.
Math Professor (Bay Area)
I used to be on the fence about giving felons and former felons the right to vote, until I had the following insight: if felons aren’t allowed to vote, and the population of felons skews politically towards one particular party, the other political party actually has a strong incentive to keep these people in prison for as long as possible, and to arrest and imprison as many people like them as possible. Hmmmmm.... Perverse incentives, anyone?
Independent (the South)
I give Republicans credit for being shameless. This is just one of many examples. And now the RNC is sending out fake census forms to confuse and intimidate voters.
Dan (Stowe, VT)
I’m an almost 50yo man who’s been following politics somewhat to very closely since I was in college. During that time there have been many events that have been extremely undemocratic, voter suppression, the war in Iraq, environmental destruction - all high on that list. These acts have almost or totally been perpetrated by the GOP. But I’ve always carried with me the hope and comfort that in a country of laws and a people with a general sense of ethical foundation. Now, crossing the threshold of middle age, I have to admit to myself that I was wrong. The selfishness, lack of education, tribal hatred, racism and greed, is what is at the heart of the hypocritical Republicans across this dying nation.
Bill (North Carolina)
In Maine and Vermont imprisoned felons can vote by absentee ballot in their town of residence prior to their imprisonment. They have no problems with this and both have low levels of criminality. No need to be fearful America. Criminals are citizens too.
dbl06 (Blanchard, OK)
Unless they were pardoned by Trump. John Adams was right, the American proletariat is incapable of electing the best candidates to hold public office. Half of them don't vote and the ones that do elect the wrong candidate more often than not.
Kraig (Seattle)
Is it ironic that while the GOP Congress and Trump administration have become a swamp of corruption, crime, foreign interference, and contempt for the Constitution---in a word, CRIMINAL--that they seek to have former criminals forever barred from voting? Not really. It's explainable by the fact that it's only former criminals WHO ARE POOR who are limited by the GOP's policies. They are the party of the wealthy--even when and especially when it comes to crime. It isn't surprising that they know nothing of solidarity!
GlennC (NC)
Whether the re-enfranchised vote Democratic or Republican, if they have served their time let them vote. It is despicable that the GOP legislature attempted to subvert the will of the populace by playing games with laws and fees to try to shut the felons out of voting. Good on the court for calling it out.
Dennis Callegari (Australia)
In the end, the only way that the Republican Party will be able to hold onto power is by restricting the ability to vote to only its own supporters. There's a name for that: dictatorship.
BCV (Detroit)
The way the Florida GOP handled Amendment 4 sets a horrible precedent. The people vote overwhelmingly for it and the GOP just says, "No, sorry, we're going to add another landmine. Thanks for playing." It's disgusting.
Gary Valan (Oakland, CA)
Color me cynical but I have "full faith" in DeSantis and his pet GOP majority legislature supported by the egregious Trump to find a way of continuing this illegal disenfranchisement. What the heck are the national Democratic leadership doing to battle this injustice?
Grant (Some_Latitude)
Will drag on in the courts for years ... too late to matter in November, or indeed ever. After Trump & GOP seize victory (win or lose), there will be no more elections.
Jim (Pennsylvania)
I always marvel at how we block the voting rights of those who have committed crimes, yet we have no problem allowing the willfully ignorant to vote.
The newt (ohio)
Mr. Bloomberg and Mr. Steyer, do you really want to see Donald Trump retired from the presidency this year? Announce that you will pay all the fines and fees required by the State of Florida. Get these 1.4 million people the right to vote in 2020. (You can sue the state after the election to get the law overturned and get your money back.)
Thomas Zaslavsky (Binghamton, N.Y.)
In Harper v. Virginia Bd. of Elections, 383 U.S. 663 (1966) the Supreme Court held, "Primary Holding. The Fourteenth Amendment prohibits states from requiring citizens to pay a fee or tax to obtain access to polls." https://supreme.justia.com/cases/federal/us/383/663/ The Florida repayment law is unconstitutional on its face. Why did the Appeals Court bother to return it to the trial judge? The opinion is very strange. The Times quotes the court: “The continued disenfranchisement of felons who are genuinely unable to pay [court costs] and who have made a good-faith effort to do so, does not further any legitimate state interest that we can discern.” This is strange; constitutionally, according to Harper v. Virginia Bd. of Elections, no genuineness or effort can be required by the state in connection with voting. None! Furthermore, not preventing voting is far from the only or the best way to collect fines or fees. The state had other options. The choice it made is prima facie prejudicial, as well as unconstitutional.
O (MD)
Mr. Bloomberg : Many of us appreciate what you have done with your money since you left public service. I, for one, appreciate very much that you contributed $5 M to Stacey Abrams' organization. Could you please render this entire topic moot by simply writing a check for all of the outstanding fees these felons so they can vote? At $250 M, considering your level of wealth, it seems like something you could do. Could you, please?
xyz (nyc)
Republican voter suppression at it's finest. Recall how Jeb Bush handed the election to his brother. And we certainly know 45th does no even know that ethics are.
S.Einstein.” (Jerusalem)
Payment, in whatever form-cash, credit card, services, etc.,- is for a measurable, or non-measurable, “commodity.” Ranging in worth(S). However it is commodified. By whom? Under a range of temporary or more permanent conditions. Is the right to vote, in a democracy, a commodity? To be bought and sold? In “open” and “limited” markets? By...
JKN (Florida)
One small victory. We ended up with a Republican governor and 2 worthless Republican senators (Scott and Rubio) by less than a point spread. You bet the GOP is looking for a new way to cheat.
Blaine Selkirk (Waterloo Canada)
They can't win on policies, only corruption.
Anthony (Western Kansas)
This is a great essay. To be a conservative in today's GOP means that you want to conserve Jim Crow. It is a horrific attack on Americans and America itself.
Steve M (Westborough MA)
"Florida Republican officials, apparently terrified that too many of their constituents would suddenly flood the polls, vote Democratic …" Why would Florida Republicans imagine that felons are a natural Democratic constituency?
Maggie (NC)
I stood next to a convicted felon in a Florida voting line, a Republican former county commissioner convicted of some kind of public graft. Her rights had been restored by then Governor Jeb Bush. He restored a lot of Republican white collar convicts rights as he pioneered many new ways of voter suppression, purges and miscounts in Florida. How is that constitutionally allowable and not discriminatory?
AACNY (New York)
Many Americans believe when one commits a crime one forfeits one's rights. I don't feel this way, but I understand how others might, especially those who are victims or the families of victims. Leave it to the NYT Editorial Board to make it all about its pet issues, throw its usual mud, and to completely ignore this perspective.
inter nos (naples fl)
Rick Scott , former Florida governor and now US Senator , made his personal fortune through one of his companies swindling several hundred millions dollars from Medicare . The “ hanging chads “ from a past Floridian election put W. Bush in the Oval Office . Now in 2020 are we expecting some sort of justice from such a corrupt state ? As a Floridian resident I lost faith that the local judicial system will respect the overwhelming results of the popular referendum granting felons the right to vote. Prove me wrong , thank you !
jck (nj)
"Felon" is defined as an individual who has been convicted of a felony. The terms "ex-felon" and "former felon" are media terms to mislead others. This is type of disinformation. The Editorial Board advocates that a close U.S. Presidential election should be decided by the votes of felons. This "progressive" policy is irresponsible nonsense.
Aw (Brooklyn)
Only 200 million dollars to buy the state of Florida for the Democrats in the next election ?!? ... That seems like an obvious/excellent investment for Mike to help ensure whomever gets the nomination.
Bunbury (Florida)
In times like this all felons must have full voting rights and rights to hold any office including POTUS. Trump will start jailing his enemies as soon as he can get away with it and you must all prepare for you may find yourself among his enemies.
Richard (Palm City)
This will be like all the Puerto Rican’s after Hurricane Maria. They all moved to the I-4 corridor but didn’t bother to vote and had no effect on the 2018 elections.
Doc (PA)
Very likely the FL GOP influences will try to drag this out in the courts and play against the clock for the 2020 election. However, consider the effect of someone like Michael Bloomberg or Act Blue or Swing Left or even GoFundMe if money could be made available to identify those former felons in “debt” to the state, find them, and take them to the appropriate government centers and pay their costs. Several million dollars would go a long way in this endeavor, and while not all would then vote, a great percentage would, thousands of potential voters. Guess how they would vote? Their choice..........
Daedalus (Ghent, NY)
Disenfranchisement should be reserved as a punishment for those whose crimes subvert our system of democracy. Rod Blagojevich and Roger Stone should have their right to vote taken away, but what is the point of stripping someone who commits robbery, arson, even rape or murder, of that right?
michaeltide (Bothell, WA)
One well-kept secret in all this is that people in prisons tend to prefer Republican strong men to wishy-washy liberals. I think any resistance by Republicans to unleashing these votes is strategic, and will rebound to their profit at the polls.
nanfahr (Tucson)
@michaeltide Republicans, who are pretty good at ensuring that their candidates win, seem determined to keep these former prisoners from voting. Why then would they want to keep them from voting if they'd vote Republican? There goes your theory.
AACNY (New York)
@michaeltide There are also thousands of current and former felons who know which president is responsible for their early release.
michaeltide (Bothell, WA)
@nanfahr as I said in my post, it could be strategic. Oppose, and then give in.
Peter Hornbein (Colorado)
The Republicans want to win at any cost. Winning is more important than the Constitution and all that it stands for. Given their way and allowed to go unfettered and unrestrained, which, for all intents and purposes, they nearly are, they would reinstitute the poll tax, which Florida is attempting to do now. My gosh, it is not impossible for me to imagine a scenario where they would attempt to reinstate the 3/5 law but revise it to include those with Spanish-sounding or Arabic-sounding surnames.
John C. (Florida)
As I understand the wording of Florida's constitutional amendment, it requires the completion of all terms of their sentence. Fines are a part of a judicial sentence and thus the state legislature can reasonably require their payment as a condition of voter rights restoration. Court costs, lawyers fees and similar expenses however, are not. The courts can and should exclude any requirement that they be paid as a violation of the state constitution. The problem is that due to its wording, the Federal Courts probably cannot nullify the requirement to pay judicial fines without nullifying the entire amendment and effectively restoring the law as it existed previously with full disenfranchisement for felons.
Wally (Toronto)
Here is the text of the amendment Floridians decisively voted for in 2018: 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.
YellowDog (Florida)
The amount owed by ex-felons isn't known, but is estimated to be well over $1 billion. Mike Bloomberg has spent $400 million so far and will likely spend $1 billion before he fails to become the Democratic nominee. If he spent that money to help ex-felons regain their vote, especially in Democratic leaning counties, he could actually help the Democrats defeat Trump.
Eileen (Ithaca NY)
If ex-felons cannot vote until all fines and court costs are paid, than NO ONE should be able to vote until all fines are paid, including traffic tickets. I wonder how many government officials have outstanding fines and legal debts? Including the one in the White House? Any law should cover every citizen not incarcerated (incarceration means the removal of numerous rights, including the right to vote). Free citizens must be treated as such, no exceptions.
Tampa Hank (Tampa)
What about restitution to victims? Do you believe that victims should be made whole by the convicted perpetrator ?
Susan in NH (NH)
A Florida Senator and former Governor was the founding stockholder and CEO of a company that was found to have cheated Medicare with false billings and his company had to pay millions in fines. But somehow he is not only not held personally responsible in any way, he gets elected to state and then national office. Frankly, I find his behavior much more reprehensible than that of some small time criminal who perhaps sold some weed. And Blagojevich, Millken and others get their voting rights restored (or never lost them) because they are rich!
Peter Close (West Palm Beach, Fla.)
Here in Florida referendums approved by 2/3 of Her citizens are then fed into the Republican legislature. When it comes to voting or medicinal marijuana, there can never be enough regulation.
abj slant (Akron)
@Peter Close It sounds to me like she needs to be rethinking who gets elected to her legislature.
Me Too (Georgia, USA)
The major point is totally missed. Why, because all too often the media jumps on a story and then brings in all kinds of periferal points and issues, and before you know it we forgot was started the conversation to begin with. A convicted felon was sent to jail to serve a sentence which the judicial system said was the price paid for the crime committed. So, he serves his time, he's released, and his voting rights should be restored. If it is more than that then we're talking power play by state politicians. When it comes to people of color in Florida, they should have learned a long time ago to leave that state because of the racist people in local government that will pass insane laws just to keep people of color down low on the totem pole.
abj slant (Akron)
@Me Too "When it comes to people of color in Florida, they should have learned a long time ago to leave that state because of the racist people in local government..." Sadly, where would they go? Would they fare better in, say, Georgia? The point of this issue isn't lost on anyone (with the possible exception of Republican voters in Florida). And leaving an area inherent with racism does nothing to fix that particular problem, and does nothing to stop those concentrated pockets of racism. No, kudos to the brave souls who chose to confront this attack on the civil rights of all Americans.
Tampa Hank (Tampa)
After reading your article, I don’t have to wonder what fake news is. I live in Florida and your article is wrong in one major way. The amendment was passed that included a phrase stating to the effect that the felon would have their voting rights restored upon payment of fines and restitution to victims. Your article appears to say that an interpretation of the law was passed after the amendment was voted for. That is incorrect. And there is still great debate here in the state not really over repayment of fines but acknowledgement of victims rights and restitution.
Robert (Tallahassee, FL)
@Tampa Hank Precisely. The Florida Supreme Court recently issued an advisory opinion concluding that, based on Florida law, the phrase "completion of the terms of sentence" in the amendment meant payment of fines, fees costs and restitution imposed as a result of the criminal conviction. This conclusion was reached without reliance on the numerous pre-vote statements by supporters of the amendment that the phrase did, in fact, include monetary obligations. In a classic bait and switch, it was only after the legislature enacted law to implement the amendment as it had been explained by its supporters that its supporters rose up in high dudgeon claiming the legislature had created a "poll tax".
Miles (Chicago)
@Tampa Hank This is the full text of Amendment 4: "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."
keith (orlando)
@Tampa Hank ,,,,,,the wording on the ballot was: A "yes" vote supported this amendment to automatically restore the right to vote for people with prior felony convictions, except those convicted of murder or a felony sexual offense, upon completion of their sentences, including prison, parole, and probation. the payment part was added after the fact by desantis, and the flori-duh senate.....if i recall correctly
Advocate (South Carolina)
I register eligible voters and facilitate absentee ballots from a jail in South Carolina. Our state law is citizens age 18 and over must have completed their sentence, including probation and parole, including paying fines and court fees to be eligible to vote. I have first-hand seen finances be the barrier to voting enfranchisement. IMHO a legacy poll tax. Here’s to hoping the change in Florida trickles through to the other states for increased participation in democracy.
Andy (Salt Lake City, Utah)
"...get out and register." Why's it got to be the felon's responsibility? You know a large percentage of these people are disengaged from the political process. They've been excluded from the political process. Many aren't paying attention. They probably don't even know about the Florida amendment. If they do, most probably haven't done anything about it. I never understood why Democrats don't put more money and effort into registration drives. Most canvasses are focused on signatures, candidate recognition, and/or donations. No one ever wants to bother signing new people up to vote. However, if you ask most people whether or not they are registered to vote, they won't even know the answer. "I'm not sure" or "I think so" are the two most common responses. You're standing there engaged with someone interested in the political process and you're told not to spend time instructing them how to register. It makes no sense. Ideally, you have an army of paid canvassers equipped with tablets and forms. If you ever hear "I don't know" from a contact, you register them on the spot. Preferably online. If there's a problem with the registration, leave it to the polls figure it out. Are you a US citizen aged 18 years or older? That's your only validating question. For some reason, Democrats just don't want to do the work though. I'd be happy to set up the canvass for you but you'll need to pay me. It's a lot of work. Where's the money for voter registration? Crickets.
Joan Wetherell (Red Bank NJ)
I don’t know what it is like in Utah but here in New Jersey there were Democratic voting drives everywhere. One Organization, The Bus, set up voter registration drives at colleges. I spent a day (not paid) registering students at our local community college. So did many others, at tables scattered around the campus. When I campaigned for a candidate for US Representative I carried voter registration forms with me for anyone not registered who would accept one. In addition i carried voter registration forms with me and gave them out to anyone interested, including the guy at my local pizza restaurant while I was waiting for a slice. And I am by no means unique. I am sorry if Utah Democrats are not as committed; but maybe they are and you just have not noticed. But Thank you for the reminder that it is time to start talking to people and carrying those forms with me again.
Stephen (Fort Lauderdale)
@Andy You obviously have not followed the enfranchisement drive being led by Andrew Gillum, who almost became Florida governor in the last election.
Jon (San Diego)
What is happening in Florida mirrors actions in other red states to limit the voice of the people by any twisted and illogical manner. States have powers guaranteed by the Constitution, but that original effort was meant to bind states into a generally cooperative body that could mutually act for protection and prosperity of the whole, and allow for autonomy in the states. States Rights today has become states rights for the some that are acceptable, and fewer rights for the others. The Federal Government has Stepped onto this relic to ensure a common Monetary Policy, Transportation standards, and until recently, Environmental Policy. Voting, Gun Laws, and Education are areas that demand Federal Policy and Standards due to the fact that the whole cooperative body in the States and Nation are being greatly harmed by States Rights tradition and doctrine. It is clear that in some of these States, priveleges for some create fewer rights for the rest and the Nation is harmed. When Voting is unfair, Education declines, Gun violence escalates, States Rights becomes a weakness for the People in that state, but also for the Nation as a whole.
Shillingfarmer (Arizona)
This likely will tip the election if ex-felons are allowed to vote. They should be allowed but the GOP will fight this to the bitter end.
keith (orlando)
@Shillingfarmer ...thats what the gop is afraid of..they cant win fairly, so the gop will do anything it can to cling to power.....its days are dying, and they know it...
Tibby Elgato (West county, Republic of California)
In the absolute monarchy to which we are headed only one person gets a vote - the king. Let these ex-felons vote in November and help preserve what's left of our failed state.
James Siegel (Maine)
"Republican[s]...cannot sustain a major American political party in the 21st century on a strict diet of voter suppression, discouragement and disenfranchisement." LOL It's what they've been doing for 2 decades in this 2 decade old century. They cannot stop because they cannot get elected without cheating. Yes, while you're at it, tell the 2018 Huoston Astros they cannot win the World Series without cheating.
Not That Kind (Florida)
Florida republicans are among the worst republicans in the country. Disenfranchisement is one of the many voter suppression tactics in their tool bag. It makes me wonder, would there be more than 50 republicans elected if they played fair? Not likely, after watching their reprehensible behavior in this matter particularly.
turbot (philadelphia)
Bernie, AOC and the Squad could trip the election, in Republican favor.
APS (Olympia WA)
small-time criminals are the ultimate DIY small businessmen, have a hard time believing they will vote D in any meaningful numbers.
hal (Florida)
Many of our state's contested elections are resolved by a standard called "voter's intent" -- that is, if the voter's intent can be determined the ballot is counted. When I voted on the state constitutional amendment to restore felons' voting rights it was clear to anyone reading the ballot measure that no "clarifying" of intent was needed from the state legislature. I understood the intent. The concept that those owing the state money cannot vote is repugnant. If I do not pay a traffic fine or license tag tax is my right to vote removed? The passed amendment could not have been more clear in its intent - it's now being argued from the Republicans' "how can we benefit?" standard.
Robert (Tallahassee, FL)
@hal The attorney representing the coalition that brought the amendment forward testified to the Florida Supreme Court that "completion of the terms of sentence" did, in fact, mean payment of all costs, fees, fines and restitution. The web site of the coalition affirmed that the amendment meant payment of costs. The coalition made public statements that monetary obligations were included in "terms of sentence". Read the FSC recent advisory opinion on what "terms of the sentence" means. Your "clear intent" argument fails in light of the facts and the law.
M Mahoney (Richmond, VA)
Smart lawyers putting words in their “intent” verbiage that they knew would score points with GOP voters, but would not be held up by the courts. Could the Dems finally be catching on / catching up with the dirty trickster repubs?
Larry (New York)
Whatever the origins of the Electoral College, it exists now as a bulwark against the prospect of a few states having a stranglehold on the direction of the entire country. Remember, the USA is not and never has been a direct democracy. It is a union of separate and distinct states, each with unique needs and philosophies of its own. We are too large and diverse to expect that what is good for California will also be good for Ohio.
Susan in NH (NH)
@Larry What it means is that smaller population states, i.e. a minority, have a strangle hold on the majority of the population.
Chris (10013)
I see very little reason other than political for felons to have their right to vote restored. By virtue of choosing to live the life of a criminal, you should give up the right to further influence my life through your vote. Criminals have already influenced law-abiding citizens through their criminal choices.
Bailey T. Dog (Hills of Forest, Queens)
@Chris When someone has served his sentence and gone free, he should go free and return to society. He should not need a presidential pardon after he has served his term.
John Leonard (Massachusetts)
@Chris :How about his right to free speech should that be terminated, as well? After all, a released felon might utter an idea that could affect your life, as well. We, each of us, make decisions that affect other people. I prefer not to have my life affected by people lacking in compassion, so consider your right to vote terminated.
Knowa tall (Why-oh-ming)
Chris, by what other arbitrary or autocratic criteria would you deny the rights of citizenship to your fellow citizens? Say, you chose to disregard a valid subpoena, or refuse a lawful order, or heaven forbid, you exercised your right to free speech?
ASPruyn (California - Somewhere Left Of Center)
“Republicans will continue to practice their dark arts of voter suppression as long as they can, secure in the belief that when the number of voters goes down, their electoral prospects go up — until they don’t.” While there are, undoubtedly, some Republicans who are not wedded to voter suppression, it seems to be a standard practice of their public officials. That simple fact, alone, should cause anyone with any real moral sense to heavily question voting for a Republican. It seems too many Republicans today would have been Southern Democrats in the 1930s, with their talk about “us versus them,” with the “them” vaguely defined to avoid talking about out real social problems. Our Founding Fathers were, of course, wealthy men. Who else could afford to be away from their work for the months of debate in the Continental and Congressional Conventions? But they were more driven by Locke’s natural rights of “life, liberty and private property” than Hobbes “life, in a state of nature, is nasty, brutish and short” and a “war of all against all.” (Hobbes’ words seem to underlie most Republican talking points.) If Republicans really want to be “conservative” let’s go back to the actual ideas of the Founding Fathers, but expanded to include all Americans, not where some people are only counted as three fifths a person.
Sunny (Winter Springs, FL)
Florida's Republican Governor Ron DeSantis owes his gubernatorial win in 2018 to strong support from President Trump combined with race baiting rhetoric aimed at his base. Remember? DeSantis told Florida voters they should not “monkey this up” by embracing the agenda of his Democratic opponent Andrew Gilliam. You can bet DeSantis does not want this issue resolved before the November elections because he wouldn't be able to deliver those 1.4 million votes to Donald Trump.
geezer573 (myrtle beach, s)
If Mr. Bloomberg would forego just a few TV spots and set up a fund for payment of the fines, and of course, should the ex felons voted, the impact would be significant. If, as noted in the article, Florida does not have accurate records, the fund would be useless. Somehow, it could be made to work. The state would get it the cash in approximation of what they claim is owed and the voter numbers would be increased. Win, win.
Rick Morris (Montreal)
@geezer573 Great idea. And not just Bloomberg. But Soros. Steyer. Bill Gates. It would be the best philanthropy of all.
Len Charlap (Princeton NJ)
Let me point out that a Constitutional Amendment is not necessary to substitute the popular votr for the electoral college. The National Popular Vote Interstate Compact would require member states to commit to awarding their electoral votes to whomever wins the popular vote nationally, regardless of the results in the Electoral College. It would not take effect until the total electoral college vote of the member states were at least 270. This would insure that the winner of the popular vote would win the election. This far, states with 181 electoral college votes have joined the Compact. Bills are pending in enough states to get to 270. If your state hasn't joined, write your state representatives urging them to vote to do so.
abj slant (Akron)
The very first paragraph of this piece says it all. The Republican party needs to step into the 21st century and construct a platform that will make voters WANT to vote for them. That includes acknowledging the changing demographics in our nation (and world), and an economy that is increasingly dependent on technology, not manufacturing. It will take strong, intelligent, and charismatic leaders in that party to step up--I do not see that happening anytime soon.
Bailey T. Dog (Hills of Forest, Queens)
@abj slant The combination of African American voter suppression and alliance with Russia seems to be working for the GOP. They see no reason to change.
JMT (Mpls)
Is this ruling one small step toward climbing over the mountain of dark money that the "Citizens' United" ruling has put in the path all Americans who want their votes to determine who will govern?
RJ (Florida)
Me. Too. In June of 2018, I, a 70-year-old U.S Citizen born in Detroit, tried to register to vote in Florida for the first time, having moved my residency to Florida in 2017. The GOP elected county elections supervisor refused to let me (and ~3500 others) saying it was because we did not live in his county (we are sailboat and RV owner's who use a mail forwarding service and have no physical residential presence and pay various taxes to the county but do not reside in the county. The Florida Secretary of State concurred that Florida law allowed him to do that. Some lawyers working for the mail forwarding business contested him, and worked out a compromise. However, it was reached after the (30-day prior to an election) voter registration deadline had passed. So I was unable to vote in 2018. This is how they do it, by any means possible. I am wondering what he will try to do for 2020. We need a real working national voter registration. The current one says you must be registered in your county before you can be approved to register with the national system.
Tom (Purple Town, Purple State)
What does it mean to be a U.S. citizen? It means you have certain inalienable rights- including all the rights of the constitution and that if you pay taxes, you get a voice in your representation, through the right to vote ie- no taxation without representation. We all pay some degree of taxes, even if it is just sales tax or gas taxes. We all should have the right to vote. // The dark arts of voter suppression, delayed citizenship, gerrymandering and the unfortunate circumstances of our constututionally sanctioned Electoral system and over-representation of rural states in the Senate and court decisions to allow unlimited donations to political campaigns are undermining our democracy.
abj slant (Akron)
@Tom "No taxation without representation" I would take that one step further and challenge tax-exempt religious institutions to step down from the political process. IMO, it is an area that screams, "No representation without taxation."
TWJ (MA)
Perhaps Mayor Mike would consider funding an agency to help identify and register these citizens, along with paying any outstanding fees and fines that might be owed. While it’s easy for me to recommend to someone else how to spend 250 million of their fortune, there is the potential for a political return on investment that is even more valuable. Looking at the projected electoral map, there doesn’t appear to be a path for a Republican to retain the White House without Carrying Florida.
D. R-K (Missouri)
Get this idea to his team somehow! It would be a great use a several of his many millions and make a great statement.
abj slant (Akron)
@TWJ Personally, I would be resistant to the idea for two reasons: one, we Democrats are already accused of "buying" votes--how quickly do you think that accusation will be pounced on by paying ex-felons' fees and fines? And second, it does not actually correct the problem. It is a band-aid solution to the disease.
Not That Kind (Florida)
@abj slant No, it's not a bandaid solution; once they get past this hurdle and if they commit no more crimes, these Americans could vote in every election. The problem has actually been corrected by the voters, it's the Matt Gaetz type that doesn't want them to vote.
Suburban Cowboy (Dallas)
I could imagine an argument beyond the question of what is equity and just for a cohesive society where the Federal Judiciary agrees that since a ex-felon is subject to the rule of law of the President and Congress in Wash DC and pays taxes to the US Treasury, not just the Florida State Legislature, that he or she deserves the right to vote for President and Vice President even if denied suffrage for state government offices.
Suburban Cowboy (Dallas)
Poll tax, pay to vote. Regardless of the circumstances this is a form of debtors’ prison. Something that was abolished in most Western, civilized nations centuries ago.
Alan R Brock (Richmond VA)
So much of recent U.S. political history involves the state of Florida and craven Republicans. Think back to the 2000 general election and the phalanx of G.O.P. operatives and attorneys that descended upon the Sunshine State, and would not rest until the Supreme Court declared GWB (brother of the state's governor) the winner. Now, consider how Republicans under Mitch McConnell and Mr. Trump have configured the federal courts to suit their purposes. Republicans are not done with their battle to suppress the vote of those who see through their lies and distortions. They try to distract from that fact by furiously waving their flags and Bibles in people's faces, but I think that act is wearing exceedingly thin.
Eric (California)
@Alan R Brock By the way the "Brooks Brothers Riot" you refer to was instigated by Roger Stone.
mrfreeze6 (Italy's Green Heart)
Living here in Italy, it's almost impossible to explain to my family, colleagues and friends how the electoral system works in the States. Once they grasp the winner-take-all EC, all they can do is shake their heads. Then try explaining gerrymandering and the systematic voter suppression and they are completely stumped. The fact that the headline suggests that a shift in voting in 1 state can influence the election results of the whole U.S. is ridiculous. If Americans were really serious about presidential elections, they would demand that the Electoral College be eliminated. We know that won't happen, so the next best thing would be to require the electoral votes to be proportionalized. If someone wins 60% of the vote in a state then 60% of the electors would be required to vote that way. Not perfect, but a partial solution.
Len Charlap (Princeton NJ)
@mrfreeze6 - While what you propose would be allowed under the Constitution (Nebraska does something like that), to REQUIRE it, it would need an amendment since the Constitution allows states to run the election of the electors.
Eric (California)
@mrfreeze6 The same is true in Costa Rica. I tried to explain the EC to an attorney here and she was stunned. It got worse when I explained its origins in slavery.
Bella (The City Different)
@mrfreeze6 A technologically country in so many ways, yet so willingly and conveniently backwards is the USA. Keep the peasants fed and they are happy to let the 1% rule.
cd (nyc)
In the book 'the best democracy money can buy' by Greg Palast the effect of voter suppression is clear; in the 2000 election Bush won, Gore lost, and we all know how Bush used his 'mandate'. Apparently, ex felons did not receive the benefits of citizenship after serving their time. Palast details how they had to drive all over the state to fill out forms and waste more time before being allowed to vote. 20 years later, the issue is still not resolved.
Peter Rasmussen (Volmer, MT)
It doesn't matter if these felons get the right to vote. Most won't take advantage of it if they do. How many will even register? (FL doesn't have same-day registration.)
S.Einstein.” (Jerusalem)
Are “...these felons...” a created THEY, in and enabled , toxic WE-THEY violating culture, more or less likely to be responsible voters, than millions of non felons who choose not to vote? One of American democracies’ gifts, and rights, to its diverse People, in a divided nation. A right as basic as policymakers’ rights to be personally unaccountable for their harmful words and deeds; whatever the temporary or more permanent outcomes.
abj slant (Akron)
@Peter Rasmussen First, they aren't felons--they are ex-felons. Big difference. Second, whether or not they choose to exercise their right to vote isn't your decision to make.
Concerned Citizen (Florida)
@Peter Rasmussen As a Florida resident that voted in favor of amendment 4 I am furious that the legislature intervened. The intent of the amendment is to restore voting rights to returning citizens after completion of sentence. The legislature imposed the fees requirement. Another intentional result is the confusion of whether returning citizens can even register to vote. As stated in the column, there is no central database or even sound accounting in each county for these citizens to know how much they might owe. I can only hope the courts will allow amendment 4 to be implemented as intended. The key phrase is ex felon, as in paid their debt to society in terms of incarceration, parole, and/or probation. Ever thought about the number of voters committing felonies that haven't been caught as yet?
J Collins (Arlington VA)
This editorial ignores the obvious: Republicans mainly want to drag out the process long enough to prevent most of the 1.4 million from voting in 2020. In addition to helping Trump win Florida, the delay might enable Republicans to retain control of the FL state legislature. All of the FL House and half of its Senate will be up for election in 2020. In 2015, Florida had to redraw its FL Senate and US House districts and hold an election for all 40 FL Senate seats in 2016, due to court-ordered redistricting. The FL Supreme Court said the 2012 plan was "rife with objective indicators of improper intent." State and Federal courts agreed that the plans rested on "systemic partisan intent, in violation of Article III, Section 21, of the Florida Constitution." Given this history of Republican gerrymandering, we can assume that a Republican state legislature elected in 2020 - the legislature that will draw the plan for elections from 2022 to 2030 - will do the same. Stalling through 2020 might thus help re-elect DT and allow the Republicans to draw state legislature {and US House} districts that will dilute, through gerrymandering, the effect of voters who come on line in 2022. The national Democratic Party surely understands that a weak Presidential showing in 2020 will entail state legislature losses, leading to Republican gerrymandering of Congressional districts and future state legislatures. The 2020 election goes far beyond DT.
John (Orlando)
There is an active conspiracy to destroy all vestiges of democracy. Hence, it is disingenuous, obscurant to talk about attacks against democracy, fairness, transparency on a piecemeal basis. This is akin to the frog calmly sitting in water as it slowly reaches a boil. Instead, a campaign must be engaged to confront the broad-based, concerted effort to impose dictatorship on the American public and the world.
polymath (British Columbia)
I didn't know about the history of felon disenfranchisement harking back to the suppression of the black vote — which is repugnant. But I believe that for many states such a law is based on the belief that criminals who seriously victimize their fellow citizens shouldn't have a say in how things should be governed. In principle this has some merit to it. Its value would entirely depend on how it is actually carried out. Maybe the current status of felon disenfranchisement is generally draconian, and where that is the case, the rules must be modified so they are tempered with compassion. It doesn't seem appropriate to me to go the opposite extreme, either, and grant the right to vote to everyone no matter what crimes they may have committed.
Blanche White (South Carolina)
@polymath When a person has served their time, the debt is paid and they are released into the civilian population. Why, then, should that person have no vote, no say in who represents him/her? Once released any person, anywhere in this Country, should not be denied the right to vote.
Pat (NYC)
@polymath In 2018, on the FL ballot was an amendment to allow felons (not murderers or sexual assaulters) to regain their right to vote if they completed their sentence any post prison requirements. The voters said yes but now the FL governor wants to add restrictions. He says they need to pay all court costs/fees which on the surface may sound OK. It is not for two reasons: 1. that is not what 60+% of Floridians voted for and 2. the court costs in FL are not tracked properly nor are payments tracked so you might pay those costs but the record will be inaccurate. Many in FL believe the legislature thought the amendment would not pass and now they are backtracking...the folks in Tallahassee are lazy and corrupt (with some exceptions).
Concerned Citizen (Florida)
@polymath Not all felons victimized their fellow citizens. Murderers and sex offenders were excluded in the amendment. People convicted of a felony made a mistake in life and paid the price. It does not render them incapable of making a decision at the ballot box.
Steve (New York)
It's worth noting that in his last re-election run for mayor of NYC, Bloomberg gave money under the table to hire poll watchers to challenge voters in primarily black and Latino precincts when he was running against an African-American Democrat. So it isn't only Republicans who are in favor of voter suppression. Oh wait, Bloomberg was a Republican or an independent or whatever he wanted to call himself as mayor.
Brian (Oakland, CA)
@Steve Really?Instead of attacking those trying to unseat Trump, look at what this article is about: 1.4 million voters. That's about the same number as all of the people in NYC who voted in 2016.
Steve (New York)
@Brian You make it sound like the number of black and Latino voters in NYC is negligible. I suggest you read something about the population of the city. And anyway, should the correctness of voter suppression be judged only on the basis of how many voters don't get to vote.
Bob (Evanston, IL)
Here's what will happen: the state will ask the Supreme Court to take the case and, if it does, to stay the 11th Circuit's ruling. The Supreme Court will grant both requests and reverse the 11th Circuit. The facts and the law don't matter to five justices on the Supreme Court. What matters is what the Republican national Committee wants them to do. On every issue important to the Republican Party and Trump, the Supreme Court will rule in their favor. That includes Roe vs. Wade, which the five justices will overrule after the election so the decision doesn't anger all those pro-choice Republican women
rawebb1 (Little Rock, AR)
In 2000, most of the "felons" removed from the voting roles in Florida were not, in fact, felons, but most were black. The Civil Rights Commission study of the election concluded that Florida's voter suppression cost Gore at least 4000 votes and the election. Jeb stole Florida and the election for his brother, giving us the worst president in American history. Trump may catch up, but so far has not caused near the damage done by George W. Twenty years later, they're at it again.
Sam Song (Edaville)
@rawebb1 Yeah, and R. Stone played another big role.
cd (nyc)
@rawebb1 And we are still embroiled in Iraq, thanks to the Bush boys.
michjas (Phoenix)
Anyone who pays attention to presidential voting in Florida knows that the most important factor in the state's voting patterns has been its long history of in-migration and population growth. Florida was a red southern state pretty much forever until northeastern liberals left home in masses and changed the Florida electoral map. From 1952 to 1992, Florida generally voted Republican. But beginning in the late 1990's, it became a swing state. Florida's electoral profile has changed drastically since the 50's and it's mostly because of the growth and changes in the state's population. Florida used to have 3 electoral votes, now it has 29. And that number is expected to increase after the census to 31 or 32. And yet we're talking about ex felon voting. Missing the forest for the trees.
xyz (nyc)
@michjas the migration of the early waves of Cuban refugees who were all white and received VERY VERY generous support has helped Republicans. Now these same Cubans won't support a tiny bit of the aid that was given to them for other refugees!
hm1342 (NC)
Dear Editorial Board, The right to vote is not listed anywhere in the Constitution. Every state makes their own rules on eligibility. With that said, it appears Florida's Republicans are doing everything in their power to thwart the will of the people. It will come back to bite them with a vengeance.
Yan Gao (Huntington)
@hm1342 14th Amendment, Section 2. Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the executive and judicial officers of a state, or the members of the legislature thereof, is denied to any of the male inhabitants of such state, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such state.
Len Charlap (Princeton NJ)
@Yan Gao - And let me add that since the number of electors a state gets is its number of Representatives + 2, this article also affects the electoral college.
hm1342 (NC)
@Yan Gao Where in any of that is it specifically stated that anyone has the right to vote at the federal level? Please read it again.
David (NYC)
Maybe Michael Bloomberg should pay off the 250 million to the Florida State treasury. Sure, it's not a permanent solution, but it could be a good move for many (including him).
Rudy (Berkeley, CA)
@David best bang for the buck! ... and yes FL blue means President blue ...
Sarah (Arlington, VA)
The sun is supposedly the best disinfection, yet no longer in the Republican gerrymandered Sunshine State. After the disaster of the 2000 election, Florida Republican law makers became even more emboldened to cheat their way to governing by disenfranchising voters. While felons are imprisoned for many years and then released, they have paid their duty to the state and should have the same rights as any other citizen.
Independent (the South)
The state has a right to collect it's money. But why should that be connected with voting? An ex-felon doesn't give up other rights such as free speech, religion, etc. because they haven't paid their fines.
Chris (SW PA)
The "justice" system in many states load costs on to people so they don't fight any accusations. This requires poor people to plead guilty even when they are not or face financial ruin, which is not hard to attain for someone living pay check to pay check. This method of graft is not a flaw it is a feature of our "justice" system. Every cop, lawyer and judge knows how to get the money.
stewart bolinger (westport, ct)
Those Republicans working hardest to prevent ex-felons from voting deserve full recognition for their efforts. They must be proud of their efforts to protect us from significant harm. Tell us who they are and let them share their views. History should have a record of the full story, not part. Those ex-felons are only part of the story. We need to fully understand the worst implications of ex-felons voting.
A. Reader (Birmingham, AL)
I'm not a lawyer, and I haven't read the court's decision. But it strikes me as bizarre that the decision is limited to the 17 plaintiffs and does not cover the entire 1.4-million-person category of Floridian ex-felons. What possible explanation do they offer?
Katrin (Wisconsin)
@A. Reader The 17 indigent plaintiffs are standing in for all the others. Like in Roe v. Wade, where that case was about a specific woman‘s right to an abortion, but that ruling was then applied across the board.
David Parsons (San Francisco)
Florida is critical to the 2020 election. The voters of Florida overwhelmingly agreed that felons who had served their time in prison must be allowed to vote. The Republican legislature knows prisoners earn an average of $1.60 a day in prison, yet owe $50 a day for prison accommodations. This is akin to slavery. The disparity between wages paid and costs imposed should be illegal. The 13th Amendment allows for a slavery exemption for prisoners, but there is no provision for arbitrary and punitive costs imposed by a jail system that buries prisoners in debt when the judge imposed no such fine. The Republican legislature imposed a poll tax by making the right to vote conditioned on wealth or fees paid. The 24th Amendment to the US Constitution outlaws poll taxes. The Republican legislature is brazenly attempting to repudiate the will of nearly two/thirds of Florida voters and the US Constitution. It is illegal, immoral and unconscionable. The Poll Tax must be fought on Constitutional grounds. The practice of underpaying and overpricing prison work and prison accommodations must stop. The slavery loophole must end. If this can't be addressed by the courts in time, crowd sourcing or wealthy Democratic donors should pay the fines, which would turn over the Florida legislature, and the fines should be refunded as illegally assessed for the purpose of preventing voters.
Arthur G. Larkin (Chappaqua, NY)
Resolution of the case “could well determine” who wins in 2020? I’d go further. Resolution of the case will determine who wins in 2020. Trump trails all of the Democratic contenders substantially in both Michigan and Pennsylvania, but leads in Wisconsin. If he wins all of the states he won in 2016, except for Michigan and Pennsylvania, he squeaks to re-election with 270 electoral votes. But he still needs Florida. If he loses Florida, he loses, period. Let these people vote, and save our country.
Bob (Montréal)
@Arthur G. Larkin Good point. Don't forget that he could also lose in North Carolina and Arizona. Democrats have to fight everywhere they can. Even in Texas, polls say Bernie (yes the socialist !) is in statistic tie with Trump.
John Graybeard (NYC)
Because the decision only applies to the 17 individual plaintiffs, and because Florida will fight this to the end, at best these 17, and no others, will be able to vote this year. Logistically, Florida has 90 days to seek Supreme Court review. This means that it is very unlikely that the Court will rule on whether to hear the case until at best the end of its term in late June or far more likely in early October. If it lets the judgment stand in October, there is simply not enough time for a class action remedy to take effect. In addition, relief based on inability to pay requires an individual court hearing. So I would expect that in the best case analysis the right of the 1.4 million ex felons to vote will not vest until perhaps the 2022 or 2024 elections.
Kingfish52 (Rocky Mountains)
If we are to continue to have a democracy - which given the amount of abuse it's been subjected to under Trump and the Republicans is no sure thing - the most important underpin of that is the right to vote. No one should be denied this basic right - no one. It's unconscionable that Republicans have been allowed to suppress voting to offset their natural minority status. And it was unconscionable that the Democrats did it for decades in the South after Reconstruction. We can't undo what's been done, but we can change it. We need to make it really plain and simple: if you can prove citizenship, you get to vote. No other criteria or limitations should be allowed. Despite the obvious morality of this issue, I know Republicans will refuse to support unrestricted voting because suppressing the vote helps them. For all their fearful claims of "voter fraud", it's the Republicans who are committing voter fraud by preventing eligible voters from having their votes count. Just today I heard that the county in which I live and vote "discovered" over 500 votes that had not been counted in this past election. And they will now not be counted per the decision by the elections board. Guess who dominates the government in this county? If you guessed Republicans, you're right. Maybe these votes would not have changed the results as claimed by the County Clerk, but these voters (me?) were denied their right to have their vote counted. Voting matters, and no one should be denied.
IN (New York)
The Republican Party should be repudiated and then replaced by a Conservative Party that believes it can create policies based on conservative principles and that it can win an election on the power of its ideas. It must renounce voter suppression, poll taxes, jerrymandering, foreign election interference, and political misinformation. It must respect different points of views without demagoguery and smearing the opposition. In short, it must participate in our democracy with civility and respect for the American people and for our fragile democracy.
Joe B (CA)
Sometimes I think that the Republicans may be a little power hungry. But I could be wrong.
cd (nyc)
@Joe B They are a minority party, so they constantly need to subvert the basic concept of democracy: one person=one vote.
Practical Thoughts (East Coast)
@In No. Keep the Republican Party and brand it the ethno-nationalist, monarchist, fascist, Christian fundamentalist party it is. Rename the Democratic Party the “Democratic Socialist Progressive Party” and brand it the socialist anti-capitalist party it aspires to be. Create a new party and call it the Moderate Party. This party will be made up of the remaining 75 percent of the country sick and tired of being ruled by extremists on both sides unwilling to compromise or debate.
BKNY (NYC)
Mike Bloomberg should pay the remaining $200 million court-related fines and fees. He'll barely notice it and it would be more effective than $200 million of anti-Trump Facebook ads.
Susan Squired (Longwood, Florida)
One of the problems is that these fees often date back decades so that they are invaluable.
JP (Illinois)
@BKNY I don't think that would be legal, because it would be seen as buying votes. As it is, even Starbucks can't give free coffee on election day to people who have an "I Voted" sticker, or ballot receipt.
David Parsons (San Francisco)
@JP According to the 24th Amendment to the Constitution, poll taxes are illegal. A state cannot make the right to vote conditioned on the ability to pay. The state re-enfranchised the felons who have served their time by overwhelming margins. Florida was one of only 3 states that refused to allow ex-felons to vote. The only thing illegal is the poll tax passed by the Republican legislature to deny people the right to vote.
Bruce Rozenblit (Kansas City, MO)
If the trial determines that this is a poll tax, we all know that the Republicans will appeal this case all the way to the Supreme Court on some kind of states rights issue. What I want to know is that during this appeal process, which will likely take years, will these felons have the right to vote? Can they participate in the 2020 elections while this is working its way through the courts? Or will the Republicans be able to lock it down with some kind of judicial stay order or other legal maneuver?
Susan Squired (Longwood, Florida)
The 17 (I believe) plaintiffs are allowed to vote in the upcoming primary,
AP18 (Oregon)
I’m a lawyer. One of the few classes I’m in law school in which earned an A was “Con-law”. I can’t imagine a rational basis for the conclusion that a law that disenfranchises an ex-felon is constitutional. Once time has been served it has been served.
Dawn (Kentucky)
@AP18 This law is outrageous. For one, if ex-felons are contributing to society by paying taxes--any taxes--they should have the right to vote.
abj slant (Akron)
@AP18 It really is that simple. But remember, we're talking about Republican rationale. The same rationale that kept Merrick Garland off the Supreme Court. "It's too close to election." (almost a full year before election) "Lame duck." (again, almost a full year...) "The people should choose." (the people did choose: Obama) "He's too progressive." (he was their choice before he was Obama's choice) Ah, that Republican rationale. Mark Twain once advised not arguing with idiots because they'll wear you down, then beat you with experience.
D’Bigi (USA)
@ap18, also a lawyer (licensed in Florida) and concur. This is an authoritarian measure dusted off the shelves of Jim Crow.
ChristineMcM (Massachusetts)
Let's hope the trial is held expeditiously and fairly. I'm sure the FL Republican party is already dreaming up other ways they can erect additional barriers, even if the trial rules that demanding payment of fees etc. constitutes a poll tax. Never underestimate the creativity of those who are bound and determined to reducre the number of voters likely to vote Democratic. In the meantime, voters who are able to pay the fines should register in a timely fashion in order to participate in their primary and then in the general.
Liz Smith (EYW, FL)
@ChristineMcM The state of FL has no records of the fines, as in who owes what, the article states. I believe it.
Dr if (Bk)
Leaving aside released felons, many currently incarcerated prisoners should be allowed to vote and polling stations should be set up in every prison. In Australia for example, prisoners serving terms of less than 3 years are able to vote in every election.
John (New York)
@Dr if, sure, in fact anyone who wants to vote should just be released from prison!
Roy (Florida)
An additional note to all the good points your article makes: Florida's prior law gave a clemency board the power to restore voting rights. It was not a fair law, but periodically, governors gave widespread rights restoration, most recently Charlie Christ. The big problem with giving governors restoration authority was most evident since 2000 when Jeb Bush and certainly Rick Scott throttled the number of amnesties to just a few thousand or less, annually. Their refusal rested on the argument that restoring voting rights would open a flood of Democratic voters to the polls. As a person who spent the better part of a year getting petitions signed to help get this measure to be on the ballot, I didn't see how all those inmates were Democrats, as so many who refused to sign told me. The real question for me is how many of potentially-eligible felons will be as apathetic about voting as adults in general are. I hope not as many. Regardless, I'm confident at least half of the newly eligible voters will vote. That's enough for me to make my efforts worthwhile. This amendment is the right law to have on the books. PS. It would break my heart if in the next senatorial election, Rick Scott loses by a margin attributable to the votes of the franchised felons. He so rarely approved clemency when he was governor.
Alan (Columbus OH)
Many of Trump's "friends" are likely to be Florida felons who will mitigate the net effect of this law. One group of new voters that cannot be deterred by these tactics is those who had to leave Puerto Rico because of Trump's deliberately inadequate hurricane response.
John (New York)
@Alan, are you referring to the response where the Puerto Rican government officials stored all the hurricane response supplies in a warehouse instead of distributing them to the people? I believe that's the response you're referring to.
SR (Bronx, NY)
"One group of new voters that cannot be deterred by these tactics is those who had to leave Puerto Rico because of Trump's deliberately inadequate hurricane response." And they were already IN Florida by 2018 (Maria and Irma hit the year before). They did apparently contribute to a hit in the vile GOP's margins (compare Senate and gubernatorial numbers from 2018 with the ones prior), and it was close, but Monkey-This-Up DeSantis won and rick the Medicaid fraud won AGAIN! And at least some are now returning to the island, earthquakes and other new worries and all. So I have little confidence Florida will turn Sane, as fervently as I hope it does. Even with the stars aligned, we can depend on the state to split the stars into a chaotic mess like some drunk pool player.