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: Clemencyweb@fpc.state.fl.us
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