"Defendants essentially repackage the current scheme into proposed remedies permitting the governor and the board to do, as the governor described, 'whatever we want' in denying voting rights to hundreds of thousands of their constituents." U.S. District Judge Mark Walker
A great day for justice in Florida’s voting rights as U.S. District Judge Mark Walker in Tallahassee yesterday issued a permanent injunction in support of the Fair Elections Legal Network(FELN) lawsuit against the State of Florida. The FELN were successful in federal court in their challenge to the “constitutionality of the state's 150-year-old voting rights restoration process for felons in the nation's third-largest state”.
Florida is one of four states that permanently strips the right to vote from convicted felons. They cannot register to vote until their voting rights are restored.
In his ruling, Walker suggested that felons should not have to wait more than one four-year election cycle for a decision on their voting rights petitions.
Walker wrote: "There are problems of potential abuse—especially when members of the board, who are elected on a statewide basis and who may be running for re-election or another office, have a personal stake in shaping the electorate to their perceived benefit."
Florida's restoration system disproportionately affects African-Americans, who overwhelmingly favor Democratic candidates.
From Fair Elections Network press release.
TALLAHASSEE, FL – U.S. District Court Judge Mark Walker issued a permanent injunction today that requires Florida’s Executive Clemency Board to establish a new voting rights restoration process for former felons by April 26. While the Court did not order the automatic restoration of voting rights for any former felons, he instructed the Clemency Board to establish “specific and neutral criteria to direct vote-restoration decisions,” and “meaningful, specific, and expeditious time constraints” for the voting rights restoration process. The opinion suggested under any new system no one should have to wait more than an election cycle for a decision on their application. The Court stated this relief “is appropriate to ensure that Florida’s vote-restoration scheme is no longer based on unfettered discretion.” Fair Elections Legal Network and the law firm Cohen Milstein Sellers & Toll PLLC, counsel for the plaintiffs in Hand v. Scott, filed the lawsuit in March 2017. In February 2018, Judge Walker ruled Florida’s arbitrary voting rights restoration process for persons with felony convictions violates the 1st and 14th Amendments to the United States Constitution. Florida is still permitted to deny the right to vote to persons with felony convictions, and felons still cannot register or vote until that right is restored. “[T]he Board cannot rely on whims, passing emotions, or perceptions. Establishing safeguards against viewpoint discrimination should be the Board’s paramount goal following this Order,” Judge Walker wrote in his order. “In the future, concrete criteria . . . must direct the Board. And its rules must spell these criteria out with precision.” Judge Walker also emphasized the changes to the restoration scheme must be “robust and meaningful.” "
Judge Walker did not order the restoration of voting rights unfortunately. It is a voting rights victory nonetheless.
The mid-terms are coming, the mid-terms are coming. Vote Them Out!