Election officials will still register ex-felons
Confusion remains about Amendment 4’s language, eligibility
Many Florida elections supervisors say ex-felons are welcome to register to vote on Jan. 8 — but some are suggesting they should wait until the considerable confusion over the issue is cleared up by state leaders.
Many questions remain about how to carry out Amendment 4, approved by voters in November, including how the state will vet the status of former felons, gaps in the amendment’s language about eligibility and whether prosecutors would charge former felons with a crime if they try to register without having fully completed their sentences.
“I don’t see how it stays out of court,” said Paul Lux, elections supervisor for Okaloosa County in the Panhandle. “Somewhere, someone’s not going to register someone who should be allowed to register, or they’ll register someone who shouldn’t be allowed to register – and either way, we’re stuck in the middle and are going to get it from both ends.”
“We are planning to have teams standing by and are working with our coalition partners to monitor events on Jan. 8.” Melba Pearson, ACLU of Florida interim executive director
‘Whatever action is needed’
The confusion comes as the implementation of the amendment, which will restore voting rights to an estimated 1.4 million Florida exfelons on Jan. 8, has been increasingly muddled.
County supervisors of elections were already worried about how the state was going to help them deal with the expected influx of registrants when Gov.-elect Ron DeSantis told the Palm Beach Post he doesn’t think the law should go into effect until after the Legislature meets in March and passes and sends him an implementing bill.
The Florida Rights Restoration Coalition, an Orlando-based group that led the effort to get Amendment 4 on the ballot, the ACLU of Florida and the League of Women Voters immediately pushed back at DeSantis, as did state House and Senate Democratic leaders. They argued the amendment was written to be self-implementing and required no new law.
“We are planning to have teams standing by and are working with our coalition partners to monitor events on Jan. 8,” said Melba Pearson, ACLU of Florida interim executive director. “We’ll review the facts of the situation and take whatever action is needed – including litigation if needed.”
Pasco County elections supervisor Brian Corley, a Republican, asked, “For the life of me, what finishing touches is the Legislature going to put on there? There were many, many confusing amendments, but you couldn’t be any more clear than this one. It’s crystal clear.”
But at the same time, Corley said, the state “is not giving us a lot of guidance.”
Lake elections supervisor Alan Hays was more cautious, saying he would accept and process forms beginning Jan. 8. But he suggested people wait until counties hear from the Legislature.
“The only people this is going to affect are people looking to vote in municipal elections in March,” Hays said of DeSantis’ call for a delay. “We’ve got 12 months and a little more to clarify all of this. I don’t know why everyone’s making such a big issue of it. … I didn’t take [DeSantis’ comments] to mean anything sinister at all.”
Republican Peter Antonacci, the new Broward supervisor recently appointed by Gov. Rick Scott to replace the embattled Brenda Snipes in the heavily Democratic county, wouldn’t comment on what his office will do beginning Jan. 8, saying he needed to consult with other officials and his attorneys. the [restitution] process, we can go from there.”
‘In limbo’
Falsely filling out a registration form, however, is a crime. “You can’t make this up, but it’s a felony,” Corley said.
Most supervisors said someone would have to knowingly lie to be prosecuted, not just confused over their status, and suggested people double check with the courts to make sure.
Eryka Washington, a spokeswoman for OrangeOsceola State Attorney Aramis Ayala, said she couldn’t give a blanket statement about prosecutions for false information on forms and suggested the next Secretary of State issue an order clarifying the situation.
“A lot of people are in limbo,” Washington said. “There really needs to be guidance, not each state attorney doing their own thing.”
Lux, in Okaloosa, several more concerns.
“There are a lot of moving parts to this that I don’t think the people who put this together initially thought through at all,” Lux said.
Besides the details missing about just when a sentence is completed, Lux added that the amendment’s language that it would not apply “to those convicted of murder” also needed clarification, as the state has statutes against homicide, negligent homicide, manslaughter, and involuntary manslaughter, but not “murder.”
“It really is unfortunate they made the effective date so early the Legislature did not have time to consider it,” he said.
In the end, Corley said he hoped ex-felons wouldn’t be deterred by the confusion after fighting so long to restore their rights.
“The day after the election, probably five, six, seven individuals — not something organized for political theatrics, but individuals on their own — called and said, ‘Hey, I see the amendment passed. How do I register to vote?”’ Corley said. “I took that as a pretty positive and endearing sign.” had