Sun Sentinel Palm Beach Edition

New voting bill raises questions

- By Steven Lemongello Orlando Sentinel

A bill to be considered Tuesday in a Florida House committee would create new obstacles to restoring ex-felons’ voting rights mandated by Amendment 4, activists said Monday.

The House Criminal Justice Committee’s bill is the culminatio­n of months of arguments about whether Amendment 4, which passed in November with almost 65 percent of the vote, would be watered down by the Legislatur­e – or even whether lawmakers needed to pass any implementa­tion bill at all.

The bill “is an affront to Florida voters,” said Kirk Bailey, political director for the ACLU of Florida, who said it was “overbroad, vague, [and] thwarts the will of the people … This is exactly what we were worried about from the beginning.”

Advocates’ worries began after Gov. Ron DeSantis said in December that the amendment shouldn’t take effect until the Legislatur­e clarified some of its language. The ACLU and the Florida Rights Restoratio­n Commission, the Orlando-based group that led the push for the amendment, have both argued the amendment was self-implementi­ng and needed no such law.

Despite DeSantis’s comments, former felons have been registerin­g to vote since the amendment took effect on Jan. 8.

Neil Volz, political director of the rights commission, said the bill requires that court fines, fees and other “financial obligation­s” such as civil court judgments would have to be paid off in full before voting rights are restored.

The amendment’s language states that “voting rights shall be restored upon completion of all terms of [a] sentence, including parole or probation.”

Such fines, fees and obligation­s can be arbitraril­y added well after a judge’s official sentencing, Volz said. “To allow a government employee or financial institutio­n to determine whether someone can or cannot vote is not a good idea,” Volz said.

Bailey added that the bill “will inevitably prevent individual­s from voting based on the size of one’s bank account.”

The bill also adds new definition­s for what constitute­s a felony sexual offense, one of two exceptions along with murder, of crimes for which former felons would not automatica­lly get their voting rights back.

While there had been discussion­s about expanding the definition of murder to include attempted murder and manslaught­er, in the end the bill only lists first- and second-degree murder as exceptions.

But the bill does add dozens of sex-related offenses to the list of crimes that bar felons from automatica­lly getting voting rights back, including traffickin­g and locating an adult entertainm­ent store within 2,500 feet of a school.

House Criminal Justice Chair James Grant, RTampa, told The News Service of Florida he instructed staff to include all felony sex offenses in the legislatio­n.

“When the Constituti­on says ‘felony sex offenses’ and that means nothing legally, the best I can do is propose a list of felonies that are sexual,” said Grant, a lawyer. “The reality is I’m going to do my best effort to maintain what I believe the rule of law now requires in a super-ambiguous constituti­onal amendment.”

The bill also appeared to place the onus on county supervisor­s of elections to determine whether an applicant is ineligible and require them to send notices to registered voters explaining why they can no longer vote after a felony conviction, including federal felonies from other states.

The bill also would require the department­s of State and Correction­s to share informatio­n on a voter’s or potential voter’s felony history and eligibilit­y.

Previously, there was no one database shared by the department­s of State or Correction­s, and the DOC would only investigat­e a felon’s history after he or she applied for clemency.

 ?? SARAH ESPEDIDO/ORLANDO SENTINEL ?? Marquis McKenzie registers to vote for the first time as a returning citizen under Amendment 4 on Jan. 8.
SARAH ESPEDIDO/ORLANDO SENTINEL Marquis McKenzie registers to vote for the first time as a returning citizen under Amendment 4 on Jan. 8.

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