iPhone app iPad app Android phone app Android tablet app More

Featuring fresh takes and real-time analysis from HuffPost's signature lineup of contributors
Erika Wood

GET UPDATES FROM Erika Wood
 

Turning Back the Clock in Florida

Posted: 03/10/11 04:26 PM ET

In less than an hour yesterday, Florida Governor Rick Scott denied the right to vote to hundreds of thousands, maybe as many as a million, Florida citizens, turning back the clock decades and making Florida the most punitive state in the country when it comes to disenfranchising people with criminal convictions in their past.

The Florida constitution denies the right to vote for life to anyone with a felony conviction, unless he is granted clemency by the governor. Essentially it gives the governor, an elected official, the power to decide who will (or won't) be allowed to vote in the next election.

The new clemency rules not only roll back reforms passed by former Governor Charlie Crist, they are far more restrictive than those in place under former Governor Jeb Bush. Under the new rules:

  • People with even nonviolent convictions must wait five years after they complete all terms of their sentence before even being allowed to apply for restoration of civil rights.
  • The clock resets if an individual is arrested for even a misdemeanor during that five-year period, even if no charges are ever filed.
  • Some people must wait seven years before being able to apply, and must appear for a hearing before the clemency board.
  • A provision allowing people to apply for a waiver of the rules, in place under Bush and Crist, was eliminated.
  • Everyone applying for clemency must provide various documents with their application - Bush and Crist had made an exception for those applying for restoration of civil rights.

All of this has to happen just to have the opportunity to ask for one's rights back. Even after the waiting period, the application, and the hearing, anyone could be summarily denied with no reason or explanation. And if that happens, he would have to wait another two years before he can start the process all over again.

Governor Scott is playing three-card Monte with one of our most fundamental rights and steering his state straight back to Jim Crow. Florida's disenfranchisement law is a relic of a discriminatory past, enacted after the Civil War in response to the Fifteenth Amendment, which forced the state to enfranchise African-American men. The voting ban was a direct attempt to weaken the political power of African Americans, and it continues to have its intended effect today. Even prior to yesterday's change, African Americans were excluded from the polls at more than twice the rate of other Florida citizens. Not counting those currently serving a criminal sentence, 13% of the voting-age African-American population in Florida has lost the right to vote. Nearly a quarter of those who are disenfranchised in Florida are African-American.

These numbers are sure to go up under the new rules. The new "arrest-free" waiting period requirement will undoubtedly increase the disproportionate impact on minorities. Government statistics show that nearly 35% of all arrests, and 43% of drug arrests, in Florida in 2009 were African-American, even though African Americans make up just 16% of the state's population.

By shutting the door of democracy in the face of those trying to rejoin the community, Governor Scott ignored broad consensus among law enforcement and criminal justice professionals that allowing people to vote when they are back in the community encourages participation in civic life and helps rebuild ties to the community that motivate law-abiding behavior. The country's premier law enforcement organizations, including the American Correctional Association, the American Probation and Parole Association, the Association of Paroling Authorities International and the National Black Police Association have all passed resolutions supporting automatic restoration of voting rights.

Florida's law is now the most restrictive in the country. Since 1997, 23 states have either restored voting rights or eased the restoration process; nine of these states repealed or amended lifetime disenfranchisement laws. These changes have occurred under both Republican and Democratic governors. There has been a national recognition that harsh criminal disenfranchisement laws are a relic of a discriminatory past, are antithetical to the fundamental principles of our democracy, and do nothing to protect public safety or promote successful reentry.

Several times during the brief public meeting yesterday, Governor Scott and Attorney General Pam Bondi referred to voting as "privilege" that should be "earned." But the right to vote is not something to be kept in the Governor's pocket, handed out only as a special treat to his favorite Floridians. To be sure, there once was a time in our country when only the privileged - wealthy, white men - were allowed to vote. But Americans have fought in the streets and in the courts to realize the true promise of our democracy - that all Americans should have a voice in our government. The Governor cannot bury that history under a bunch of bureaucratic hurdles.

 
In less than an hour yesterday, Florida Governor Rick Scott denied the right to vote to hundreds of thousands, maybe as many as a million, Florida citizens, turning back the clock decades and making F...
In less than an hour yesterday, Florida Governor Rick Scott denied the right to vote to hundreds of thousands, maybe as many as a million, Florida citizens, turning back the clock decades and making F...
 
 
  • Comments
  • 566
  • Pending Comments
  • 0
  • View FAQ
Comments are closed for this entry
View All
Favorites
Highlights
Bloggers
Recency  | 
Popularity
Page: 1 2 3 4 5  Next ›  Last »  (10 total)
02:59 PM on 04/28/2011
There is nothing the Republicans fear more than Large voter turnouts .They realize that they represent a minority point of view and so focus on preventing full scale participation . They are also proposing in Florida laws that would effectively eliminate voter registration drives by requiring those conducting them to be liscensed and fining them if any registration form is not submitted within 48 hours.In a move intended to thwart Registration drives , Kansas wants first time registered to show either a birth certificate OR a passport
HUFFPOST SUPER USER
Carolyn LeBeauf
02:53 PM on 03/12/2011
It's all about keeping people from voting for President Obama. This is the only way the republicans can get anything they want done. Doing it illegally is a requirement for being a republicans. No thank you, I'll continue to be a democrat. I continue to want to live in a free society. They take your vote you have nothing. Next they will tell you how many children you can have. This is how dictators keep you under their thumb. I can see us all in the streets like the people in Cario, planning our revolution if we allow the KOCH BROTHERS and the republicans take over this country. If we can't stop them, the LORD GOD will.
This user has chosen to opt out of the Badges program
Robin Brenizer
Loves politics and people.
08:32 PM on 03/30/2011
Unfortunately, I think this is a deal Rick made with the GOP. Keep African Americans from voting in Fla and you have problems with electoral votes for the general election.
photo
HUFFPOST SUPER USER
John C. Bonser
11:33 AM on 03/12/2011
First they came for the Communists,
and I didn’t speak up,
because I wasn’t a Communist.
Then they came for the Jews,
and I didn’t speak up,
because I wasn’t a Jew.
Then they came for the Catholics,
and I didn’t speak up,
because I was a Protestant.
Then they came for me,
and by that time there was no one
left to speak up for me.
by Rev. Martin Niemoller, 1945
They have gone after the unions, are attacking the Muslims, and now not allowing US Citizens (who have "Paid their debt to society") to vote. Who is next?
HUFFPOST COMMUNITY MODERATOR
1088
11:10 AM on 03/12/2011
Let me guess, what is plan is here! Between now and election day, police job is to stop black people for nothing, and arrest them over night, then after that, they cannot vote for 5 years. Yes folks, more and more black people will be going to jail, so that President Obama cannot win in 2012. Where are all the co called civil right leaders?
photo
HUFFPOST SUPER USER
ZeraLee
A Citizen's View from Main Street
05:19 AM on 03/12/2011
My OMG supply has really been strained this past week. I have been expending them on a daily basis.

Republican politics are like a joke: timing is everything.

On March 9, the WI senate opened at 11:08am.
They took roll,
had a moment of silence,
retaliated economically against the senate Democrats,
and recessed. Elapsed time - 6 minutes.
At 2:14pm, they adjourned until 11:00am on the 10th.
At 4:03pm they reconvened - 19 HOURS EARLIER THAN OFFICIALLY AGREED TO.
Took roll again,
Assigned members for a Committee of Conference,
and recessed. Elapsed time - 3 minutes.
Reconvened at 6:14,
Called roll again,
voted to adopt the committee report: 18 ayes, Sen. Schultz nay.
Adjourned. Elapsed time - 8 minutes.

In Minnesota, the republican legislature seems to be planning to dodge the veto pen by putting as much as they can into referenda.

All over the country, republicans are innovating new ways to restrict voter rights for potential liberals. In some states, they are paving a path to terminate some local governmental units w/o citizen input or legislative oversight, or due process.

Wisconsin senate joint resolution 10 proposes a state constitutional amendment authorizing a coup d'état in the event of a declared emergency.

Some states are preparing to sell off state infrastructure.

If only this were fiction. It's not even a complete list, but a growing one. We have had a bumper crop of batspit the last few years!
photo
Left of Right
Want to default your country? Default your job!
12:29 PM on 03/12/2011
I'm with you. Shocked and horrified. All over the country the tea-party elected are giving to the corps by taking it out of education and re-writing laws to suit their version of the constitution.

There is a growing consensus also to not allow college students to vote.

This past mid-term was probably the most important in history and all I could do was scream on the sidelines while all the "disappointed" vowed to stay home.

By striking down Citizens United, the SCOTUS has paved the way for corporate purchase of our legislators/legislation with no limits--they don't even have to be in the U.S.

The largest contributors for dems, the Unions, may no longer be around in 2012.

The top 7 largest political backers in the country were corps. The next 3 were Unions.

Here's what gets to me--why does campaign money even matter? I guess it is because, for the most part, the money is used to create lies or fight them. Why can't American voters just do their own homework and see truth with their own eyes? That's what fact-check websites are for when common sense gets confused.

I'm just tired of the insanity and seeing the insanity applauded!

100,000 protesters expected in WI today! That's the good news!

Fanned for helping me to distribute the OMG's!
03:14 PM on 04/28/2011
We Liberals should never forget that local elections are EVERY BIT as Important as National or Presidential . The Conservatives used this idea to remake the Texas unit that decides on School books and so we have Thomas Jefferson read out of the History books and the likes of Phylis Schafly included.
11:40 PM on 03/11/2011
By his own standards then, he should not be allowed to hold office, let alone vote.
HUFFPOST SUPER USER
cdecisneros
my micro bio is empty because I went to the micro
07:14 PM on 03/11/2011
And now they want to balance the budget on the backs of the unemployed. The leave uncollected 2.4 billion in internet sales taxes. They have about 20-30 billion in sales tax exemptions.
photo
HUFFPOST SUPER USER
TheCrowing
Purveyor of fine locution since 1985.
06:26 PM on 03/11/2011
All for big government in their states, just not on the federal level? What's with GOP governors and their shift toward totalitarianism in their states?
09:33 PM on 04/13/2011
All in the service of their financial angels -- or should I say, devils!
photo
HUFFPOST SUPER USER
Sassys
06:19 PM on 03/11/2011
It shows their fear..every time they make a move it is based on fear..they deserve to lose and they will lose.
photo
HUFFPOST SUPER USER
gloriab
05:07 PM on 03/11/2011
Unfortunately, it's kind of easy to turn back the clock here in Florida. Dang, we have midnight Mass at 10 P.M.!
03:44 PM on 03/11/2011
So what's the point of this piece? There's only one sentence I needed to read - "The Florida constitution denies the right to vote for life to anyone with a felony conviction, unless he is granted clemency by the governor."

Don't like it? Then change the Florida Constitution.
HUFFPOST SUPER USER
infopro
Opinion doesn't equal knowledge.
02:34 PM on 03/11/2011
"if an individual is arrested for even a misdemeanor during that five-year period, even if no charges are ever filed." -- This part alone makes for a rock-solid guarantee of a court challenge, one that is quite likely to end in defeat for Scott & untold gobs of $$$ out of state coffers for the costs involved.
photo
HUFFPOST SUPER USER
Chaton de Malheur
History will not be kind to Conservatives
02:26 PM on 03/11/2011
The obvious motivation for this is the 2012 elections. I'm surprised this wasn't mentioned in the article. We can expect to see similar legislation across the country, as conservatives attempt to stack the deck in their favor.
02:02 PM on 03/11/2011
Felons shouln't be allowed to vote. There are good reasons why they couldn't previously and why they should not be allowed to now.
02:41 PM on 03/13/2011
Are you speaking of convicted felons who are currently serving prison time or are you talking about people with a history of a felony conviction? In the case of the former, not much debate (although, I can think of a few things) necessary over their incarceration negating their right to vote. However, in the case of the latter, once you have served your penalty any additional forfeiture of rights is unjust.
HUFFPOST SUPER USER
JAEMPRESS
Doing my small part for those who are voiceless
06:15 PM on 03/31/2011
If they can RUN for office why in GOD's name can't they VOTE ?
01:12 PM on 03/11/2011
I don't see a problem here.