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Federal Judge Clears Way For Hundreds Of Thousands Of Ex-Felons To Vote In Florida (Original Post) edhopper May 2020 OP
i hope they all remember what party saddled them.... Takket May 2020 #1
This is the great news we have been waiting for! FM123 May 2020 #2
Are ex-felons part of Biden base? AlexSFCA May 2020 #3
I hope so. nt babylonsister May 2020 #4
When you consider who makes up inmate populations... BGBD May 2020 #5
oh brother obamanut2012 May 2020 #9
Biden will win without them. Although I'm glad they can vote. GulfCoast66 May 2020 #6
Big, but not as big as the reports make it sound. Ms. Toad May 2020 #7
How in the world does that square with the 24th Amendment? Hermit-The-Prog May 2020 #8
From the opinion - Ms. Toad May 2020 #11
Thank you very much! Hermit-The-Prog May 2020 #12
Thanks edhopper May 2020 #10

Takket

(21,575 posts)
1. i hope they all remember what party saddled them....
Sun May 24, 2020, 09:43 PM
May 2020

this excessive sentancing guidelines and poll taxes.........

FM123

(10,053 posts)
2. This is the great news we have been waiting for!
Sun May 24, 2020, 09:48 PM
May 2020

And, since we now have more registered Democrats than repubs- Florida just may stand a chance!

 

BGBD

(3,282 posts)
5. When you consider who makes up inmate populations...
Sun May 24, 2020, 11:44 PM
May 2020

They are underrepresentedly black. So, yeah probably.

GulfCoast66

(11,949 posts)
6. Biden will win without them. Although I'm glad they can vote.
Sun May 24, 2020, 11:51 PM
May 2020

Obama won here both times. A black man!

If Biden picks Harris he will win Florida.

And don’t assume all felons will vote Democratic if they vote at all.

Ms. Toad

(34,074 posts)
7. Big, but not as big as the reports make it sound.
Mon May 25, 2020, 12:18 AM
May 2020

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 holds that the State can condition voting on payment of fines and restitution that a person is able to pay but cannot condition voting on payment of amounts a person is unable to pay or on payment of taxes, even those labeled fees or costs.

. . .

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)
8. How in the world does that square with the 24th Amendment?
Mon May 25, 2020, 05:14 AM
May 2020
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)
11. From the opinion -
Mon May 25, 2020, 01:24 PM
May 2020
This pay-to-vote system would be universally decried as unconstitutional but for one thing: each citizen at issue was convicted, at some point in the past, of a felony offense. A state may disenfranchise felons and impose conditions on their reenfranchisement. But the conditions must pass constitutional scrutiny. Whatever might be said of a rationally constructed system, this one falls short in substantial respects.

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.

The court said heightened scrutiny applies because the system creates “a wealth classification that punishes those genuinely unable to pay fees, fines, and restitution more harshly than those able to pay—that is, it punishes more harshly solely on account of wealth—by withholding access to the ballot box.” Jones, 950 F.3d at 809.


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:

A racially disparate impact is relevant to the question whether race was a motivating factor, but in the absence of racial motivation, disparate impact is not enough.


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)
12. Thank you very much!
Tue May 26, 2020, 01:11 AM
May 2020

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/

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