Judges pepper both sides over Amendment 4 felon voting law

An attorney representing Florida told a federal appeals court Tuesday the state can legally require felons to fully pay all fines, fees and restitution before allowing them to vote, while attorneys representing some felons argued that constitutes an illegal poll tax and discriminates against the poor.

Ten judges of the U.S. 11th Circuit Court of Appeals in Atlanta heard Florida’s challenge of a lower court ruling on the state’s Amendment 4. The judges appeared divided and uncertain about the case, peppering attorneys for both sides with questions about the monetary requirement.

The amendment, adopted overwhelmingly by voters in 2018, lifted a lifelong voting ban on about 1.4 million felons, saying they regained the right once they complete their sentence. The felons’ attorneys argue the sentence ends when they complete their incarceration and probation; the state argues felons also have to pay all money owed or get a waiver from a judge.

Attorney Nancy Gbana Abudu, representing the felons, told the court that Florida’s position unconstitutionally discriminates against those poor “who are genuinely unable to pay.”

“We are asking this court to uphold a foundational principle that when it comes to voting, the size of a person’s pocketbook alone should never determine access to the ballot box,” Abudu told the judges during the online hearing.

Attorney Charles Cooper, representing the state, argued the amendment as presented to the voters specifically said the right to vote would only be restored when all portions of the sentence are complete. He said fines and other monetary damages are not a tax because they are imposed as punishment.