Proposal could provide “clarity” in Florida’s constitutional amendment on voting rights for felons

Proposal could provide “clarity” in Florida’s constitutional amendment on voting rights for felons

TALLAHASSEE — State election officials are working on an updated process that will provide more clarity for people trying to determine whether they are eligible to vote, following a federal lawsuit over the handling of a constitutional amendment that Voting rights for serious criminals who have served their sentence.

A draft bill released Thursday by the state election board would provide a one-page form for felons to request so-called “legal consultations” from prosecutors to determine whether they are eligible to vote.

The proposal would give state election officials two weeks to decide “whether a form is complete” and would require them to “notify the felon within 14 days of the specific deficiencies or need for specific additional information.” The state would also be required to respond within 90 days of receiving a request for an opinion.

Desmond Meade, executive director of the Florida Rights Restoration Coalition, which pushed for the 2018 constitutional amendment, called the proposal a “step forward” for the state.

“It is critical that individuals seeking to vote receive clear guidance about their eligibility to vote, especially during election season. We look forward to continuing to work with the state to reduce barriers to full participation in our elections,” Meade said in a statement.

The confusion over voting eligibility stems from a controversial 2019 law that Governor Ron DeSantis and the Republican-dominated legislature passed to implement the constitutional amendment. It stated that voting rights would be restored “upon completion of all sentences, including parole.” The amendment exempted people convicted of murder or serious sex offenses.

The 2019 law required felons to meet “legal financial obligations” – fees, fines and other court costs – related to their conviction before they could be eligible to vote. But finding records related to the conviction has been problematic, time-consuming and in some cases impossible, say election officials and lawyers familiar with the process.

In addition, at DeSantis’ behest, lawmakers created the Office of Election Crimes and Security in 2022. Since then, more than two dozen people have been arrested for voting illegally. Many of those arrested said they were convicted felons who believed they were eligible to vote and received voter registration cards from election officials.

The Florida Rights Restoration Coalition and individual plaintiffs filed a lawsuit last year describing the “bureaucratic morass” faced by felons trying to find out if they were eligible to vote. The lawsuit described months-long delays in responding to requests for expert opinions, many of which did not provide a resolution to voting eligibility.

After mediation between the state and the plaintiffs, election officials held a rule-development workshop in June. During the workshop, Leon County Elections Supervisor Mark Earley pointed to “a backlog of people” who were unsure of their voting status.

“We’re hearing that from our voters and potential voters who, as they’ve told me frankly, are concerned about whether they should try to register because they just don’t know what their status is. It’s very difficult to figure that out,” Earley said.

The proposed rule released Thursday would require opinions to include one of three answers: “You are eligible to register and vote,” “You are not eligible to register or vote,” or “The Board of Elections does not have credible and reliable information about your eligibility to register or vote; therefore, based on your good faith belief that all conditions of the opinion are met, the information available to the Board, and the Board’s review of the available information, there is nothing preventing you from registering and voting.”

The revised process is not expected to be completed before the October 7 voter registration deadline for the fall elections.

Neil Volz, deputy director of the Florida Rights Restoration Coalition, praised the state for taking “a positive step toward improving election integrity” and streamlining the advisory process.

“We have advocated for necessary reforms to the pre-election process for years. Since there was no deadline before, this updated process will help give Floridians clarity and certainty about their eligibility to vote. People’s lives and our election system will be improved by these changes,” said Volz, a convicted felon whose rights were restored by DeSantis and the Florida Cabinet.

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