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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsFederal Judge Clears Way For Hundreds Of Thousands Of Ex-Felons To Vote In Florida
https://www.huffpost.com/entry/florida-ex-felons-pay-fees-vote_n_5ecafe06c5b66ddcaf0e86dcThis is big, it might mean Florida goes to Biden.
Takket
(21,575 posts)this excessive sentancing guidelines and poll taxes.........
FM123
(10,053 posts)And, since we now have more registered Democrats than repubs- Florida just may stand a chance!
AlexSFCA
(6,139 posts)babylonsister
(171,070 posts)BGBD
(3,282 posts)They are underrepresentedly black. So, yeah probably.
obamanut2012
(26,080 posts)GulfCoast66
(11,949 posts)Obama won here both times. A black man!
If Biden picks Harris he will win Florida.
And dont assume all felons will vote Democratic if they vote at all.
Ms. Toad
(34,074 posts)Until my spouse read part of the order to me, I was buying into the headlines - and much of what the reports said - that the court declared it an unconstitional poll tax.
Floridan can require ex-felons to pay fees to vote - if they are capable of paying them. No other debt owed to the state can be used to bar the right to vote. But this one can - if they have the resources to pay the fines.
. . .
This order applies heightened scrutiny to the pay-to-vote system as applied to those unable to pay (as Jones requires) and rational-basis scrutiny to the system as applied to those able to pay (as Shepard requires).
. . .
On balance, this order holds that a state does not violate the Excessive Fines Clause by refusing to reenfranchise a felon who chooses not to pay a fine that the felon has the financial ability to pay.
https://www.politico.com/states/f/?id=00000172-48d3-dc3e-aff6-4cdf397b0000
In short - for ex-felons it is constitutional to impose a poll tax, as long as they have the ablity to pay it. Pretty much the opposite of the headlines.
Now - the practical impact is that the state has acknowledged it has no way to determine the amount each ex-felon owes. So the impact on this election will effectively be that ex-felons can register. But from a legal perspective - you can bet that those invested in preventing ex-felons from voting will start a tracking system so they know exactly what fees are owed, and will find ways to ensure that most of them fall into the "able to pay, but unwilling to do so" category.
This is a partial and temporary win, at best.
Hermit-The-Prog
(33,349 posts)The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any state by reason of failure to pay any poll tax or other tax.
https://www.law.cornell.edu/constitution/amendmentxxiv
Looks like the 'pay-to-vote' system falls squarely under that "other tax" prohibited by the 24th.
Surely this will be challenged further.
Ms. Toad
(34,074 posts)The United States Court of Appeals for the Eleventh Circuit has already ruled, in affirming a preliminary injunction in this very case, that the State cannot condition voting on payment of an amount a person is genuinely unable to pay. See Jones v. Governor of Fla., 950 F.3d 795 (11th Cir. 2020).
So the reason for the disenfranchisement is the criminal behavior. That's OK (legally). They can impose conditions on reinstating voting (generally rational basis - nearly impossible for the state to lose), but the conditions cannot create arbitrary classes - and must pass constitutional muster. A long line of cases establishes that making the right to vote contingent on wealth is subject to strict scrutiny.
A strict scrutiny standard is nearly impossible for the state to win, which led to the result that requiring ex-felons to pay fines they are unable to pay is unconstitutional. (This is the part of the holding that is being publicized)
But - they reverted to rational basis (nearly impossible for the state to lose) for requiring ex-felons to pay fines they are able to pay - but choose not to pay. (This is the part of the holding that is being ignored). This almost certainly results in a disp.arate impact based on race (given the general economic status of whites v. blacks), but the court did not buy that argument:
It found that since the law was aimed at increasing the electorate in a way that disproportionately increased the number of blacks who were able to vote that there was no evidence of a racial motivation connected to the requirement to pay all amounts owed as to the constitutional amendment passed by popular vote. As to SB7066 (the legislature's implementation of the amendment) it called it a closer question that could be decided either way - but on balance, the court determined the legislature was not motivated by race.
Disclaimer: I have not read the entire 125 page opinion. I searched it for the support for the holding that troubled me (and to answer your question). So there may well be details I've missed.
It's here if you want to plow through it: https://www.politico.com/states/f/?id=00000172-48d3-dc3e-aff6-4cdf397b0000
Hermit-The-Prog
(33,349 posts)I had thought that the Florida amendment had been written to block the state from imposing conditions. There were articles written about it when the legislature first started dragging their feet.
Naturally, it was the Rehnquist court that expanded state powers under the 14th Amendment.
Richardson v. Ramirez, 418 U.S. 24 (1974) https://supreme.justia.com/cases/federal/us/418/24/
it should have been completely invalidated.