Floridians with Felony Conviction Histories Deserve the Right to Vote
October 30, 2024
By: Nicholas Zipperer
In 2018 Floridians voted overwhelmingly to allow people with a felony conviction history the ability to vote in elections. The Voting Restoration Amendment passed by a margin of 64.5 to 35.5% (along the same lines as banning dog racing and prohibiting vaping in enclosed workspaces) and was met with almost immediate challenges from the legislature and Governor DeSantis. Florida SB 7066 (2019) was introduced in early 2019 and would require felons to pay fines and costs imposed as part of their sentence before they can vote again. It was challenged on the grounds that it amounted to a modern day poll tax, but eventually was allowed to stand.
At first glance there may not necessarily be something wrong with requiring that people pay costs associated with their sentence before they can vote again. However, this position requires that the costs be reasonable, and that there is a path where they are not acting as a barrier or modern-day poll tax for those who would never be able to pay them off. In effect it is estimated that over 1 million people are unable to pay the fines and thus cannot vote. That is manifestly unjust. Just because someone committed a crime does not mean that they deserve to never have their voice heard by the legislature again.
One of the biggest reasons this feels completely wrong is that it has left hundreds of thousands, if not 1.4 million people, unsure of if they are even eligible to vote. There is no formal system in place for felons to determine if they have paid all costs and are now eligible. The responsibility to determine eligibility seems to lie with the felon as the Florida Division of Elections tells concerned parties trying to determine eligibility they should check their judgement to see if any costs were imposed. For those confused it then tells them to check with their local Clerk of Courts office. The state must be aware this is a messy system because it further advises to request an advisory opinion from the Division of Elections if they are still unsure after talking to the clerk’s office.
The cost of a 3rd degree felony (the lowest tier in Florida), is $5,000. This means a person facing multiple counts can easily be looking at penalties in the tens of thousands of dollars. The average felon in Florida is realistically going to struggle to pay that back. Felons across the country already struggle to find gainful employment, and in Florida some sources say they make on average $31,340 per year which is far less than the national average of almost $40,000.
The State even lets felons register despite not having paid all associated costs and now some are facing prosecution for registering to vote because it turned out they were not eligible. Lawyers have accused the state government of entrapment but to me it feels more like apathy and no desire to create a system that would help convicted felons then malicious intent.
There is also a racial component to all of this. Black Floridians are convicted of crimes, especially felonies, at much higher rates than whites. This then translates to a significant portion of the black population that is now barred from voting after completing their sentences. Without even commenting on the potential reasons that blacks are arrested and convicted of crimes at higher rates than whites, it is unjust that they are now disenfranchised from voting. This issue would probably be getting far more attention, but the black population is not underrepresented in the Florida legislature so it is easier to stomach it at the moment.
Overall, the Florida government ignored the will of its voters and managed to create a system that prevents well over a million people from exercising their right to vote. There is little clarity for felons if they can vote and little hope for many to be able to pay off their fines. Any system that blocks an estimated 10% of its citizens from voting should raise lots of eyebrows and draw calls for change.