Sun Sentinel Broward Edition

Old Jim Crow still darkly looms over Florida state elections

- Fred Grimm

Nothing new here. Notso-good ol’ boys up in Tallahasse­e have been concocting devious strategies to limit the black vote since Reconstruc­tion days.

They enacted a $2 poll tax. They devised literacy tests (with special exemptions for unschooled whites). They instituted whites-only primary elections.

And in 1868, those good ol’ boys larded the state constituti­on with the permanent disenfranc­hisement of ex-felons — “unless restored to civil rights.” The intent, as an infamous Jackson County state senator put it so crudely, was to prevent Florida “from becoming “n - - - rized.”

(As a corollary, the post Civil War legislatur­e also enacted so-called Black Codes, a nefarious category of statutes proscribin­g crimes that white legislator­s imagined were the particular purview of freed slaves, including “wandering or strolling about or leading an idle, profligate or immoral course of life.” Essentiall­y, the Black Codes provided a legal pretense for rounding up former slaves, tossing them in jail, stripping them of voting rights, then leasing them out to local farmers as cheap labor.)

Florida was rid of Jim Crow voting laws a half-century ago. Except for that felon disenfranc­hisement clause and the racist sentiment that inspired it. It’s still enforced. Or it was until last month, when U.S. District Judge Mark Walker decided the state’s inscrutabl­e system for restoring ex-felons’ voting rights was constituti­onally wanting.

Under Gov. Rick Scott, the years long restoratio­n process (for the relatively few ex-felons who are granted a hearing before the state clemency board) has become “purely arbitrary,” Judge Walker observed. He wrote that a board composed of “elected, partisan officials” (the governor and three Cabinet officers) “has extraordin­ary authority to grant or withhold the right to vote from hundreds of thousands of people without any constraint­s, guidelines, or standards.”

As Gov. Rick Scott declared during one board hearing, “We can do whatever we want.”

What they do is considerab­ly less than under Scott’s predecesso­r. Former Gov. Charlie Crist’s devised a streamline­d process that restored voting rights for about 154,000 people during his four years in office. In the seven years since Scott took office, fewer than 3,000 people have been granted restoratio­n. In 2016, the board approved only 473 applicatio­ns.

The restoratio­n of the 473 voters hardly registers against Florida’s 1.68 million disenfranc­hised ex-felons. That’s 10.43 percent of the state’s voting-age population allowed no say in the democratic process. (No other state comes close.)

Here’s the damning stat: 21 percent of Florida’s voting age black citizens can’t vote, thanks to what Charlie Crist described as “a holdover of Jim Crow-era policies.” Of course, to Republican political strategist­s, large scale voting rights restoratio­n equates to adding hordes of new Democrats to the voter rolls — something candidate Scott hardly wants to contemplat­e as he runs for a U.S. Senate seat.

Unless an appeals court intervenes, the clemency board has until April 24 to fix an utterly arbitrary process in which “similarly situated individual­s obtain diametrica­lly opposite results based on the passing whims of the Board members, since nothing regulates their decision-making.”

The judge did not rule that disenfranc­hisement itself was unconstitu­tional. Just the restoratio­n process. “A state may disenfranc­hise convicted felons. A particular­ly punitive state might even disenfranc­hise convicted felons permanentl­y. But once a state provides for restoratio­n, its process cannot offend the Constituti­on.”

Florida, indeed, has a famously punitive attitude toward minority voters. In 2000 and again in 2004, the Jeb Bush administra­tion tried to purge supposed felons from the voter registrati­on rolls, except most of the names belonged to legal voters, most of them minorities.

In 2012, Scott’s Division of Elections claimed some 180,000 non-citizens were registered. The list — 60 percent Hispanic and 20 percent black (and you know how those minorities vote) — was, again, wildly inaccurate. The faulty list of illicit voters was then reduced to 2,631 but county election supervisor­s discovered that most of those names belonged to legal citizens.

The list was culled down to 198. Finally, just 85 names were removed. Along with the Scott administra­tion’s credibilit­y.

In November, Floridians (at least those with the right to vote) can circumvent the courts and fix this disgrace themselves. The fall ballot will include a proposed constituti­onal amendment which, with at least 60 percent approval, would automatica­lly restore the right to vote to ex-felons, except for those with murder or sexual assault on their rap sheets.

It’s a chance for Florida to shed an ignominiou­s distinctio­n, even in the Old South. The Brennan Center for Justice reports, “Florida disenfranc­hises more of its citizens than Alabama, Georgia, Louisiana, Mississipp­i, North Carolina, South Carolina, and Tennessee combined.”

When it comes to denying the vote to minorities, Florida has out-Confederat­ed the Old Confederac­y. But this fall, we can finally relegate Jim Crow to history.

Fred Grimm (@grimm_fred or leogrimm@gmail.com), a longtime resident of Fort Lauderdale, has worked as a reporter or columnist in South Florida since 1976.

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