Sun Sentinel Palm Beach Edition
Ex-felons now can sign up to vote
Floridians with felony convictions are now able to register to vote with a new constitutional amendment taking effect.
About 64 percent of voters supported Amendment 4, which automatically restores voting rights to most people who have felonies on their record.
South Florida election supervisors are gearing up to implement the law, which takes effect today.
The change is the culmination of work by religious, social justice and civil liberties groups who pushed for Florida to join most other states in giving offenders a second chance.
"This is a historic moment,” said Melba Pearson, deputy director of the American Civil Liberties Union of Florida. “Everyone who is eligible to vote as a result of Amendment 4 should register.”
Here are some things to know.
Who is eligible to register under Amendment 4?
Floridians with felony convictions who have completed “all terms of their sentence including parole or probation” will have their voting rights automatically restored Jan. 8. The amendment, though, does not apply to people convicted of murder or sexual offenses.
Those offenders will be considered on a case-by-case basis by the Clemency Review Board.
Applicants who meet the criteria will need to fill out a form affirming that they have had their rights restored, Pearson said.
“The burden is on the state to do that due diligence and remove you from the rolls if it turns out you are not eligible,” she said.
Election officials are encouraging applicants to verify they
meet the requirements by checking with their county’s clerk of court, the Department of Corrections and other resources.
Where do you go to register?
You can register to vote at your county’s elections office or online at registertovoteflorida.gov.
Is there any confusion?
One thing is clear — election supervisors must process applications starting this week. Florida law specifies that constitutional amendments take effect "on the first Tuesday after the first Monday in January following the election,” which is Jan. 8.
But the state and the courts will need to clarify some issues, said Paul Lux, president of the Florida State Association of Supervisors of Elections.
One question involves what constitutes “all terms” of a sentence. It’s unclear whether ex-offenders with outstanding court costs not ordered by a judge as part of a sentence could register to vote.
The amendment also doesn’t define which crimes constitute sexual offenses.
How will the state check?
The process has not been developed yet, said Law, who serves as supervisor of elections in Okaloosa County.
"There isn't a single place you can go to get the information right now,” he said. “How the back-end of this process will work will be anybody's guess.”
Information on criminal convictions is scattered across multiple agencies, including county clerk offices, the Florida Department of Law Enforcement and the Florida Department of Corrections.
The state will need to develop a process for verifying that a person has fulfilled the terms of his or her sentence, Lux said. In the meantime, he said he will process applications based on the voter’s affirmation in accordance with the law.
“Willfully” lying on a voter registration form is a felony offense under Florida law.
Pearson, a former MiamiDade prosecutor, said the state would need show someone intentionally lied on the form — rather than made a mistake — to press charges.
What are the political ramifications of Amendment 4?
Experts estimate more than 1.5 million Floridians with felony convictions could be eligible to vote.
In comparison, in 2016, President Donald Trump defeated Hillary Clinton by 112,911 votes in Florida.