Sun Sentinel Palm Beach Edition

Ex-felons now can sign up to vote

- By Skyler Swisher South Florida Sun Sentinel

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.

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