Fighting Felony Disenfranchisement in Florida

Cross-posted from Florida Netroots

Felony disenfranchisement is the term used to describe the practice of prohibiting persons from voting based on the fact that they have been convicted of a felony.

Voting Rights

According to a report on felony disenfranchisment laws in the United States by the Sentencing Project the "state of Florida had an estimated 960,000 ex-felons who were unable to vote in the 2004 presidential elections."

The People for the American Way Foundation has set up a project called Restore My Vote for ex-offenders who've had their civil rights restored to help them get registered to vote. Election officials throughout the state have not made a concerted effort to get these eligible voters back onto the registration rolls, so this organization seeks to rectify the situation.

Civil Rights Restoration in Florida

Back in April 2007, The Florida Board of Executive Clemency adopted new rules to make it easier for ex-offenders to have their basic civil rights restored such as: the right to vote, the right to serve on a jury and the right to hold public office. The restoration of rights will also allow them to be considered for certain types of employment licenses. All of these rights are suspended when a person is convicted of a felony.

The new rules "automatically" restore these rights for those who've committed non-violent crimes who have also completed their sentences and probation and paid victim restitution. All others must fill out an application for clemency.

How does the clemency process work?

Basically, at the completion of one's sentence the Florida Department of Corrections will automatically submit an electronic application to the Parole Commission for eligibility review for restoration of civil rights without a hearing.

One of three things will happen: 1. the person will be processed as Level I for automatic restoration of civil rights (See Rule 9 of the Rules of Executive Clemency), 2. the person will be processed as Level II for restoration of civil rights without a hearing by preliminary review list (See Rule 10 of the Rules of Executive Clemency),  or 3. the Parole Commission will determine that the person is ineligible.

Restore my Vote breaks it down as follows:

If determined eligible as a Level I case (automatic RCR), your name will be submitted to the Executive Clemency Board on an Executive Order for approval. Your certificate will be mailed to your last known address once the order has been signed.

If your case is determined to be a Level II (restoration of civil rights without a hearing by preliminary review list), following an investigation of your case, your name will be provided to the Executive Clemency Board for a 30-day review. If the Governor and two or more Board Members approve restoration of civil rights, a certificate will be mailed to your last known address once the order has been signed.

If you are determined ineligible by the Commission, or are not approved for restoration of civil rights by the Board, you will be notified that the restoration process may continue if you contact the Office of Executive Clemency and request a hearing and agree to participate in the investigative process. Please note, if you have been determined ineligible under Rules 9A1, 9A2, or 9A3, you will need to contact the Office of Executive Clemency once these are satisfied.

Anyone unsure of their legal status or who was convicted of a felony outside of Florida, should contact:

Office of Executive Clemency
2601 Blairstone Rd., Building C
Tallahassee, FL 32399-2450

Toll Free at: 1-800-435-8286
Phone at: 850-488-2952
Fax at: 850-488-0695
Email at: [e-mail]

Progress

According to a January 21, 2008 report on NPR, Florida has fallen short in restoring ex-offenders voting rights:

"It's a slow process. It's slow going," said Muslima Lewis, an attorney with the ACLU and director of the Florida Rights Restoration Coalition. "... Individuals who were initially very encouraged in April of last year are now seeing that it's taking them a bit longer and with this being an election year people are getting more and more impatient." As a result of the efforts of Gov. Charlie Crist – whose election platform included rights restoration of formerly incarcerated individuals – about 45,000 individuals' rights have been restored since April. There remain, however, approximately 900,000 individuals who continue to wait to find out if their rights have been restored. In fact, 130,000 of those citizens are still waiting for their cases to be reviewed and have been told the process will take several months to a year according to NPR's "All Things Considered." "That's very problematic," Lewis continued. "We are concerned about whether folks will actually be getting on the rolls in time to vote in November."

We've got a long way to go.

Related Links:

Florida's Rules of Executive Clemency
Florida's New Restoration of Civil Rights Process
Restore My Vote
The Sentencing Project - Felony Disenfranchisment
Florida Rights Restoration Coalition
ACLU of Florida

•  tips/flames

  Also, check out my earlier diary on The "Rosa Parks Act" in Florida.

  by meowmissy on Thu Feb 14, 2008 at 10:27:57 AM PDT

•  Do I read that right that convicted felons

  of violent crimes might be re-enfranchised by appeal?  I hope I read that wrong.  I detest the disenfranchisement by felony drug laws that we use to sweep entire classes of voters.  On the other hand, I have no problem with clear laws saying that violent offenders sacrifice their right to vote.  I might be misreading that though.  If so, well, set me right.

  by BeatArondTheBush on Thu Feb 14, 2008 at 10:32:57 AM PDT

  •  legal rights

    Everyone convicted of a crime has the right to an appeal.

    If you're convicted of a violent crime you're ineligible. Instead, you have to go through the traditional clemency process.

    by meowmissy on Thu Feb 14, 2008 at 10:51:13 AM PDT

  •  You would disenfranchize

    everyone who served his/her sentence, except some drug offenders and other "non-violent" offenders?

    Many states do not disenfranchise anyone who has served his/her sentence.  Given the vast disproportion of non-whites who serve time for all offenses, this is a major civil rights issue.

    by seeker on Thu Feb 14, 2008 at 11:01:00 AM PDT

    •  I think having a straightforward rule that says

      "Conviction of a violent felony results in forfeting voting rights" is not an injustice.  Decisions have consequences.  If I drive drunk and kill someone then I absolutely deserve the consequences of that, so I'd damn well better not drive drunk.  I find the idea of white people getting off for the same offences disgusting (and proof that the more money you have the better the legal system works for you).  However, I don't think the solution is to do a "I let one of X go free, better balance that out by letting one of [other racial groups] go free as well."  For instance, in drug offenses (which I believe ought to carry mandatory treatment instead of imprisonment, unless you count the 30 days of forced detox as imprisonment) there is no question that more black people are targeted than white people.  Black people are upset at this.  White people certainly ought to be.  Why?  Not because I think that the black people convicted of drug offenses didn't commit them but because the white people ought to be getting convicted as well.  I don't think the solution is to apply the law less (though I'd like to see the crack sentences put in line with powdered coccaine sentences and I'd like to see both replaced with mandatory treatment).  I think the solution is to apply the law evenly.  Some would say "justly".  So I ask when people say "This is a major civil rights matter" is this because you feel like those people were targeted unfairly?  Do you think the solution is to not have committing a violent felony result in any forfeture of rights?  I think it is a fair penalty, a dire penalty laid on those convicted of violent crimes that they surrender their right to involvement.  That a single bad decision can affect their choices for the rest of their life isn't a travesty - it's reality.  

      by BeatArondTheBush on Thu Feb 14, 2008 at 12:47:08 PM PDT

•  Most important diary today. Thanks. Inspired

  me to renew my intent to see what is going on in CA. Is there a national organization?

  by ronlib on Thu Feb 14, 2008 at 10:44:25 AM PDT

  •  not sure ...

    I don't know of a national organization off the top of my head --- the rules vary for each state.

    by meowmissy on Thu Feb 14, 2008 at 11:00:47 AM PDT

•  How can we expect felons to rejoin society

  when we go out of our way to remind them they're not an equal member of it?

  by Partially Impartial on Thu Feb 14, 2008 at 10:49:03 AM PDT

  •  They're not supposed to rejoin.

    If we're going to re-enfranchise people, it's gonna cut down on our low-wage underclass.

    Won't anyone think of the profits?

    (/snark)

    by Remembering Jello on Thu Feb 14, 2008 at 11:08:29 AM PDT

•  it's an art form

  Charlie Crist used this as a 'platform' after Jim Davis said it and it swept through the communities. NExt thing you know, Charlie said it.
  Jim Davis was prepared to sign an executive order just as Tom Vilsack did in Iowa.
  Charlie (who doesn't seem to mind doing things against the constitution such as the sweetener of 'save our homes portability' which probably helped the (what I consider fraudulent)passing of the recent tax amendment.
  BUT, he was askeered that the restore the rights would go through court and be downturned.  It passed in Iowa and had already been THROUGH the supreme court and held up as legal before charlie made his 'decision' to not sign an executive order.
  Months after he did his half-a** 'automatic' restoration. (and yeah it DOES belong in astriks and/or as meowmissy put it because it's NOT automatic) they put on the big clown show about how two agencies were disagreeing on how it should be done. (the restoration)
  I think personally that Charlie hoped to ride this in to the white house.  
  But it was so much LESS than heroic.  As noted by the fact that more people have probably been arrested for traffic violations (and then some dumped from their wheelchairs) than have had their rights restored IN OVER A YEAR. How long does it take to check a few boxes and stick a certificate in the mail??
  I recommended this diary for having the most current information I have seen anywhere and I thank the author.
  Please understand my cynicism is directed to the source: charlie and crew who never intended to restore the vote in time.
  See, it's too tough to put one over on the little people. YOu could cut and paste all the felons into EXCEL (a widely used microsoft product) and sort them in any fashion. AND, also install a macro to automatically address envelopes and etc.  
  I can't imagine why the dept of homeland insecurity does not provide some money for this (snark)
  Thanks meowmissy !!!! Excellente' diary.

  by shinyneweyes on Thu Feb 14, 2008 at 11:31:56 AM PDT

•  This is very good information

  This was a huge project here in Florida four years ago.  We need to turn up the heat to get those Charlie said he would restore civil rights to actually restored and on the voter roll for November!

  Florida Kossacks Rock

  Blog Florida Blue

  by gatordem on Thu Feb 14, 2008 at 03:52:02 PM PDT