A Federal Appeals Court dealt a significant blow to Florida’s successful referendum to restore the vote to citizens convicted of felonies. This is a major setback for voting rights and will impede efforts to help formerly incarcerated individuals register in time for the 2020 election.
Many states, including Florida, have a long history of taking away the right to vote from people convicted of felonies that has disproportionally led the disenfranchisement of Black individuals. Recently, several states have made progress in restoring rights to formerly incarcerated individuals. In Florida, 65% of the electorate approved a 2018 state constitution amendment to restore voting rights to all people convicted of felonies who have completed their sentences. This was a major victory for voting rights and an important step towards mitigating the damage caused by these racists policies.
The following year Florida Gov. Ron DeSantis (R) signed into law a bill that requires that Florida residents with felony records pay outstanding court debt before their voting rights are reinstated and they can register to vote. These debts include restitution, fines, and other fees that Florida imposes upon people who go through the criminal justice system. The fees can be large, and the vast majority go unpaid.
A group of individuals who had otherwise served out their sentences but had significant unpaid court debt challenged the rule. Unable to pay these fees and denied the right to vote, lawyers for these individuals argued that they are impacted by a modern-day poll tax. They asked a federal court to strike down the payment requirement on constitutional grounds.
The Federal Appeals Court ruled that before they can register to vote, individuals convicted of felonies must pay all outstanding court fines and fees. The ACLU estimates that this ruling impacts about 774,000 felons in Florida with outstanding court debt who may now be unable to register to vote in the upcoming 2020 election.