Despite challenges, hope emerges for Amendment 4
For the first time in weeks, actions by the Florida Legislature have provided a glimmer of hope for the millions of voters who supported Amendment 4, as well as the millions of individuals and families directly impacted by the amendment’s passage.
While real challenges remain, such a hopeful moment represents quite a turnaround from the recent acrimony we have seen surrounding Amendment 4.
This is especially true for those of us who remain frustrated by lawmakers for introducing what we felt was unneeded legislation to begin with — something that was only made worse when the bills that were initially introduced included harsh restrictions on the recently won voting rights of people with past felony convictions.
So, why have hope? Because hope is what got Amendment 4 passed in the first place.
For years, formerly convicted Florida citizens like us prayed to have our voices heard in the political process. During those years, we were told to wait, get in line and who to blame for a broken system. We were even told to simply accept that Florida was one of four states that permanently barred people like us from voting for the rest of our lives.
Even while we collected petitions, leading experts told us not to get our hopes up. Inevitably, they said, a cauldron of partisanship, racial anxiety and voter divisiveness would defeat any effort to expand democracy.
Nonetheless, we had hope. Hope forged in the real lives of people from all walks of life who believe in redemption and second chances. That hope became a reality in November when nearly 65% of Florida’s voters supported passage of Amendment 4, and 1.4 million citizens had their voting eligibility restored.
Then the Legislature got involved. Bills were introduced in the House and the Senate that restricted voting rights by expanding the definition of terms like “completion of sentence,” “felony sexual offenses” and “murder.”
That means when terms like “manslaughter” were included in the original definition of murder, for example, tens of thousands of Florida citizens and their families suddenly began to feel re-excluded from the very political process they anticipated joining when Amendment 4 passed. Needless to say, those type of changes riled up the amendment’s supporters as well as the returning citizen community.
Nowhere has this dynamic played out more emphatically than in the debate over what it means to complete a sentence. Our belief is that any expansion of the completion of sentence beyond the current state definition, especially one that includes administrative and other costs not associated with the sentence, is an overreach that will restrict voting for people who would otherwise be eligible through passage of Amendment 4.
Over the last few weeks, we brought up our objections about the legislation. Then something interesting happened. Certain leaders in the legislature began to listen and respond to our concerns, which is when that glimmer of hope began to appear.
Several committees have now taken steps toward aligning their legislation with the returning citizen and advocacy community. These moves have been most pronounced in the Senate, where the three main definitions in the legislation have grown closer together. The Senate definitions of murder and sex offenses are now more in line with the people.
Likewise, the Senate legislation is clear that any fines and fees that have been converted into a civil lien, meaning they are no longer a part of the criminal process, won’t impede someone from voting.
That doesn’t mean we still don’t have disagreements. We do. Big disagreements. Specifically as it relates to the definition of a completed sentence, the involvement of the public and the returning citizen community on a task force set up to look further into these issues, as well as the restitution payments that a judge has determined are no longer a part of the criminal process.
We believe strongly that restitution is a key part of the personal and community restoration that is needed after a crime occurs. That is why we talked about restitution as a part of the sentence with the voters during the campaign.
At the same time, we know it is a common practice for the courts to transfer financial obligations from a criminal sentence to a civil sentence once a portion of the payments have been made, and that typically once the criminal sentence is over, a person is able to move on as a full member of the community.
By working with Republicans, Democrats and the people most impacted by these decisions, we hope to move forward in a way that everyone involved can embrace.
That is easier said than done, far from guaranteed, and the truth is we continue to believe that legislation is not necessary. At the same time, the passage of Amendment 4 demonstrated that we can accomplish great things when we work together across political lines and by placing people over politics.
We also understand that working together is a part of the very process of democracy we fought to join, and are grateful to be a part of due to the passage of Amendment 4.