• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
MENUMENU
MENUMENU
  • Home
  • About
    • Contact Us
    • FlaglerLive Board of Directors
    • Comment Policy
    • Mission Statement
    • Our Values
    • Privacy Policy
  • Live Calendar
  • Submit Obituary
  • Submit an Event
  • Support FlaglerLive
  • Advertise on FlaglerLive (386) 503-3808
  • Search Results

FlaglerLive

No Bull, no Fluff, No Smudges

MENUMENU
  • Flagler
    • Flagler County Commission
    • Beverly Beach
    • Economic Development Council
    • Flagler History
    • Mondex/Daytona North
    • The Hammock
    • Tourist Development Council
  • Palm Coast
    • Palm Coast City Council
    • Palm Coast Crime
  • Bunnell
    • Bunnell City Commission
    • Bunnell Crime
  • Flagler Beach
    • Flagler Beach City Commission
    • Flagler Beach Crime
  • Cops/Courts
    • Circuit & County Court
    • Florida Supreme Court
    • Federal Courts
    • Flagler 911
    • Fire House
    • Flagler County Sheriff
    • Flagler Jail Bookings
    • Traffic Accidents
  • Rights & Liberties
    • Fourth Amendment
    • First Amendment
    • Privacy
    • Second Amendment
    • Seventh Amendment
    • Sixth Amendment
    • Sunshine Law
    • Third Amendment
    • Religion & Beliefs
    • Human Rights
    • Immigration
    • Labor Rights
    • 14th Amendment
    • Civil Rights
  • Schools
    • Adult Education
    • Belle Terre Elementary
    • Buddy Taylor Middle
    • Bunnell Elementary
    • Charter Schools
    • Daytona State College
    • Flagler County School Board
    • Flagler Palm Coast High School
    • Higher Education
    • Imagine School
    • Indian Trails Middle
    • Matanzas High School
    • Old Kings Elementary
    • Rymfire Elementary
    • Stetson University
    • Wadsworth Elementary
    • University of Florida/Florida State
  • Economy
    • Jobs & Unemployment
    • Business & Economy
    • Development & Sprawl
    • Leisure & Tourism
    • Local Business
    • Local Media
    • Real Estate & Development
    • Taxes
  • Commentary
    • The Conversation
    • Pierre Tristam
    • Diane Roberts
    • Guest Columns
    • Byblos
    • Editor's Blog
  • Culture
    • African American Cultural Society
    • Arts in Palm Coast & Flagler
    • Books
    • City Repertory Theatre
    • Flagler Auditorium
    • Flagler Playhouse
    • Flagler Youth Orchestra
    • Jacksonville Symphony Orchestra
    • Palm Coast Arts Foundation
    • Special Events
  • Elections 2024
    • Amendments and Referendums
    • Presidential Election
    • Campaign Finance
    • City Elections
    • Congressional
    • Constitutionals
    • Courts
    • Governor
    • Polls
    • Voting Rights
  • Florida
    • Federal Politics
    • Florida History
    • Florida Legislature
    • Florida Legislature
    • Ron DeSantis
  • Health & Society
    • Flagler County Health Department
    • Ask the Doctor Column
    • Health Care
    • Health Care Business
    • Covid-19
    • Children and Families
    • Medicaid and Medicare
    • Mental Health
    • Poverty
    • Violence
  • All Else
    • Daily Briefing
    • Americana
    • Obituaries
    • News Briefs
    • Weather and Climate
    • Wildlife

DeSantis Wants Felon Voting Rights Case Tossed, Saying It belongs in State, Not Federal, Court

August 5, 2019 | FlaglerLive | 2 Comments

voting rights
As long as you’re in the club. (Wiredforlego)

Florida Gov. Ron DeSantis and Secretary of State Laurel Lee are asking a federal judge to dismiss a challenge to a new law about restoring the voting rights of felons who have completed their sentences, arguing that the case belongs in state — not federal — court.

The request from attorneys for the state came as voting- and civil-rights groups asked the judge to block provisions of the law from going into effect while the case works its way through the courts.


The Legislature passed the law this spring to carry out a November constitutional amendment designed to restore the voting rights of felons. Voting- and civil-rights groups went to federal court contending that the law improperly ties restoration of felons’ voting rights to their ability to pay financial obligations — what critics of the law have described as a “poll tax.”

DeSantis and Lee, however, argue that U.S. District Judge Robert Hinkle should dismiss the case.

“State courts should say what state law is,” lawyers for the state argued in court filings Friday. “Florida courts should resolve the meaning of the state Constitution before these cases proceed.”

More than 64 percent of Floridians approved what appeared on the November ballot as Amendment 4. The amendment granted restoration of voting rights to felons “who have completed all terms of their sentence, including parole or probation.” The amendment excluded people “convicted of murder or a felony sexual offense.”

The interpretation of “all terms of their sentence” became a flashpoint during this spring’s legislative session as lawmakers struggled to reach consensus on a measure to carry out the amendment.

The new law requires all “financial obligations” ordered by the court as part of a sentence — including fines, fees and restitution —to be repaid in full for voting rights to be restored. The law also allows judges to modify financial obligations other than restitution that were part of sentences. And the law allows judges to convert financial obligations to community service hours. Under that scenario, financial obligations are considered paid in full once community service is complete.

The legal salvos fired in the federal legal challenge echo the fiery debate during the legislative session.

Plaintiffs in the case argue that hinging voting rights on a person’s ability to pay financial debts amounts to an unconstitutional “poll tax” and is a vestige of Jim Crow-era laws aimed at keeping blacks from casting ballots.

But the state maintains that the new law is more lenient than the terms of the amendment.

“The constitutional text is arguably more restrictive because it makes no provision for sentencing documents, modification of sentences, or a favorable construction for re-enfranchisement,” the state’s lawyers wrote in Friday’s 21-page motion to dismiss the case.

And, even if that’s not the case, the federal court should refrain from acting until a state court decides whether the new law properly upholds the constitutional amendment.

A Florida court “should first resolve the meaning of the state Constitution” before the federal court “decides whether the state statute — purporting to track the intent of the state Constitution — violates the federal Constitution,” the state’s lawyers concluded.

As they defend the law, attorneys for DeSantis and Lee are mirroring arguments made by Republican legislators who drafted it.

The state, in Friday’s motion, pointed to language that the amendment’s backers used in addressing the Florida Supreme Court and Lee.

During arguments before the state court in 2017, Supreme Court Justice Ricky Polston asked Jon Mills, a former University of Florida law school dean and onetime speaker of the Florida House who helped craft the amendment, whether “all terms” of a sentence included “full payment of any fines.

Mills replied that “all terms means all terms within the four corners” of the sentencing document, including restitution.

After the amendment was passed, supporters of the amendment wrote to Lee that “completion of all terms of sentence” includes “any period of incarceration, probation, parole and financial obligations imposed as part of an individual’s sentence.”

The financial obligations “may include restitution and fines,” the American Civil Liberties Union of Florida, the League of Women Voters of Florida, which is one of the plaintiffs in the federal lawsuit, and others wrote in December.

Now, the state accuses backers of the amendment of changing their position.

“The Florida Legislature, the amendment’s sponsor, other proponents of the amendment, and, until recently, at least a plaintiff organization have asserted that the phrase ‘all terms of sentence’ means one thing; plaintiffs now allege it means another,” state lawyers, who used the letter to Lee as an exhibit in Friday’s motion, wrote.

Plaintiffs in the case, meanwhile, are asking Hinkle to block the legislation (SB 7066), which they allege unconstitutionally creates “two classes” of would-be voters — those who can afford to pay their financial obligations and those who cannot.

Some Floridians affected by the amendment — referred to as “returning citizens” — have already registered to vote and cast ballots in municipal elections since the law went into effect in January, the lawyers argued.

“If not enjoined, SB 7066 will wreak havoc on election administration, apply unequally to similarly situated voters, lead to the erroneous deprivation of the right to vote, and undermine confidence in Florida elections,” lawyers for the plaintiffs — who include individuals, voting-rights groups and civil-rights organizations — wrote in an 88-page motion Friday for a preliminary injunction. “Florida cannot be permitted to deny the right to vote to hundreds of thousands of Floridians on the basis of law that it has no plan to implement in an accurate and uniform manner.”

Fewer than one in five of up to 1.4 million “returning citizens” have repaid all of their outstanding financial obligations, the plaintiffs wrote, relying on an analysis performed by University of Florida political scientist Daniel Smith.

And Florida’s patchwork of databases contain conflicting information about outstanding fees owed by returning citizens, the plaintiffs argued, pointing to instances in which separate systems within the same county showed an individual owing differing amounts of money.

“Even assuming that returning citizens ask the right questions, in many cases they will still be unable to determine their LFOs (legal financial obligations) and voter eligibility because … county clerks simply do not have complete or accurate records, and there is no alternative, public source of information readily available,” the plaintiffs’ lawyers wrote.

–Dara Kam, News Service of Florida

Support FlaglerLive's End of Year Fundraiser
Thank you readers for getting us to--and past--our year-end fund-raising goal yet again. It’s a bracing way to mark our 15th year at FlaglerLive. Our donors are just a fraction of the 25,000 readers who seek us out for the best-reported, most timely, trustworthy, and independent local news site anywhere, without paywall. FlaglerLive is free. Fighting misinformation and keeping democracy in the sunshine 365/7/24 isn’t free. Take a brief moment, become a champion of fearless, enlightening journalism. Any amount helps. We’re a 501(c)(3) non-profit news organization. Donations are tax deductible.  
You may donate openly or anonymously.
We like Zeffy (no fees), but if you prefer to use PayPal, click here.

Reader Interactions

Comments

  1. CB from PC says

    August 5, 2019 at 6:58 pm

    The ENGLISH language on the ballot as passed by voters required that all financial costs as part of sentencing be paid prior to restoration of rights.
    If that condition is changed by any Court ruling, then the entire piece of changed legislation should start the approval process at the beginning. As in signature count.
    Maybe those who previously voted yes, this time will wise up.

  2. Concerned Citizen says

    August 6, 2019 at 10:46 am

    What part of All sentencing requirements met is not being understood?

    If you committ a Felony you have to complete ALL sentencing requirements to fullfill sentencing. If that requres restitution and fines then that’s part of it. And you sign documents agreeing to that in court.

    We keep spending a lot of time on this subject. I wonder how much time is spent on victims rights? Speaking from first hand experience when you’re the victim of a crime you don’t get a redo. Things just aren’t quite the same. But yes let’s get those felons their right to vote back without fullfilling obligations.

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

  • Conner Bosch law attorneys lawyers offices palm coast flagler county
  • grand living realty
  • politis matovina attorneys for justice personal injury law auto truck accidents

Primary Sidebar

  • grand living realty
  • politis matovina attorneys for justice personal injury law auto truck accidents

Recent Comments

  • Bob Zeitz on Metronet Contractor Punctures Flagler Beach Water Main for 2nd Time in 24 Hours, Again Affecting City’s Water
  • B on Metronet Contractor Punctures Flagler Beach Water Main for 2nd Time in 24 Hours, Again Affecting City’s Water
  • CrazyTown on Mayor Mike Norris’s Lawsuit Against Palm Coast Has Merit. And Limits.
  • Mothersworry on Metronet Contractor Punctures Flagler Beach Water Main for 2nd Time in 24 Hours, Again Affecting City’s Water
  • Call me disappointed on Mayor Mike Norris’s Lawsuit Against Palm Coast Has Merit. And Limits.
  • Atwp on Judge Gary Farmer, ‘Discriminatory, Offensive, Sexually Charged, and Demeaning,’ Fights Suspension
  • Larry on Mayor Mike Norris’s Lawsuit Against Palm Coast Has Merit. And Limits.
  • justbob on Mayor Mike Norris’s Lawsuit Against Palm Coast Has Merit. And Limits.
  • Fernando Melendez on Mayor Mike Norris’s Lawsuit Against Palm Coast Has Merit. And Limits.
  • Jim on Mayor Mike Norris’s Lawsuit Against Palm Coast Has Merit. And Limits.
  • Jim on If Approved, Religious Charter Schools Will Shift Yet More Money from Traditional Public Schools
  • William Hughey on Mayor Mike Norris’s Lawsuit Against Palm Coast Has Merit. And Limits.
  • Kenneth N on Last of Palm Coast’s City Manager Candidates Withdraws, Clearing the Way for Pause and Reset Months from Now
  • JimboXYZ on Metronet Contractor Punctures Flagler Beach Water Main for 2nd Time in 24 Hours, Again Affecting City’s Water
  • Alic on Metronet Contractor Punctures Flagler Beach Water Main for 2nd Time in 24 Hours, Again Affecting City’s Water
  • aw, shucks on DeSantis Stands By Attorney General’s Defiance of Federal Court Order Halting Cops’ Arrests of Migrants

Log in