Florida can bar ex-felons from voting

Florida can bar ex-felons from voting if they owe court fines or fees associated with their convictions, even if they are unable to pay, a federal appeals court ruled Friday.

The 6-4 ruling by the full 11th U.S. Circuit Court of Appeals overturned a lower court’s ruling blocking the law.

The law, Chief Judge William Pryor wrote in the majority opinion, doesn’t constitute a poll tax. Instead, “it promotes full rehabilitation of returning citizens and ensures full satisfaction of the punishment imposed for the crimes by which felons forfeited the right to vote.”

“That criminal sentences often include financial obligations does not make this requirement a ‘capricious or irrelevant factor,’ ” Pryor wrote. “Monetary provisions of a sentence are no less a part of the penalty that society imposes for a crime than terms of imprisonment. Indeed, some felons face substantial monetary penalties but little or no prison time.”

The ruling, issued less than two months before the presidential election, marks another chapter in the extensive court battle over the law in a state President Donald Trump won in 2016 by less than 113,000 votes over Hillary Clinton, or 1.2% of the vote.

Earlier this year, the U.S. Supreme Court said Florida

can enforce the law while the legal case over its constitutionality plays out, meaning the rule would likely be in place for the November elections.

Friday’s ruling overturns a decision from U.S. District Court Robert Hinkle, who had said the Florida law, in respect to those people who are unable to pay, violates the Constitution. Hinkle called the state’s procedure an “unconstitutional pay-to-vote system.”

Convicted felons in Florida had their voting rights restored with a constitutional amendment that passed in November 2018. Amendment 4 gave convicted felons who complete “all terms of sentence” the right to vote.