Judge accuses DeSantis of stalling on ex-felon voting rights

TALLAHASSEE — A federal judge scolded lawyers representing Gov. Ron DeSantis’ administration, accusing the state of trying to “run out the clock” to keep former felons from voting in next year’s elections.

The acrimony between U.S. District Judge Robert Hinkle and the state’s attorneys came Tuesday during a hearing in a legal battle over Amendment 4, which was designed to restore voting rights to felons who have completed terms of their sentences.

The controversy is centered on whether felons have to pay legal financial obligations, such as restitution, fines and fees, to be able to vote. The Republican-dominated Legislature approved a law this spring that required payment, drawing a legal challenge from civil-rights and voting-rights groups.

Hinkle ruled in October that it is unconstitutional to deny the right to vote to felons who are “genuinely unable” to pay financial obligations. In a preliminary injunction, Hinkle said state officials need to come up with an administrative process in which felons could try to prove that they are unable to pay financial obligations and should be able to vote.

The state appealed Hinkle’s ruling to the 11th U.S. Circuit Court of Appeals.

Lawyers for DeSantis and Secretary of

State Laurel Lee argued that a decision upholding the federal judge’s ruling could render the entire constitutional amendment void because of a lack of “severability.” Under the legal concept of severability, an unconstitutional portion of a law can be eliminated while the rest of the law remains intact.

The state maintains that if any part of the felons’ rights amendment is struck down, the entire amendment is void.

Only the Florida Supreme Court can decide whether Hinkle’s ruling would change the amendment so much that Floridians would not have supported the proposal, the state’s lawyers argued in the motion filed Nov. 18. The Florida justices are poised to issue an advisory opinion requested by DeSantis on whether the amendment requires payment of legal financial obligations.

But Hinkle, who repeatedly raised his voice while questioning the state’s lawyers, grew increasingly incensed as he spent two hours Tuesday attempting to ascertain whether the papers filed on the governor’s behalf accurately reflected a statement issued by DeSantis’ office in response to the judge’s October ruling.

In the statement, DeSantis spokeswoman Helen Ferré wrote that Hinkle’s decision affirmed the governor’s position that convicted felons be held responsible for paying restitution, fees and fines while also