Nearly 18% of Black citizens of voting age have a felony record, and imposing barriers on ex-felons’ ability to vote disproportionately excludes Black voters from the political process. A federal court has already held that the state cannot deny Joint Statement on Florida Supreme Court Advisory Opinion Regarding Amendment 4 | American Civil Liberties Union Supreme Court of Florida _____ No. Although the court noted that Floridians for a Fair Democracy, Amendment 4’s sponsor, had stated that the ex-felons would have to repay fines and fees during the initial hearing on whether the amendment was fit for the ballot, it was careful to say that the sponsor’s intent did not influence the court’s opinion. I Am a Newly Naturalized Citizen and Registered to Vote. Joint Statement from American Civil Liberties Union (ACLU), ACLU of Florida, Brennan Center for Justice at NYU School of Law and NAACP Legal Defense and Educational Fund on Florida Supreme Court Advisory Opinion regarding Amendment 4. This decision was based on a purely textualist analysis which interpreted the phrase “all terms of sentence including parole or probation” to encompass restitution, fines, and fees. PER CURIAM. At the Polls, Episode 3: The Role of the Courts in Election 2020, How the ACLU is Flexing its Political Muscle in the 2020 Elections. On January 16, the Florida Supreme Court addressed this question in a per curiam decision issued in response to an advisory opinion request from Governor DeSantis. Despite the success of Amendment 4, the Florida Supreme Court recently ruled that nearly 80% of the ex-felons who could have been enfranchised by Amendment 4 cannot vote until they have paid the fines and fees associated with their sentence. decision allows the state legislature to undo much of the progress of Amendment These financial obligations include fines, restitution to victims, and fees for using the court system, such as a $150 charge for using a public defender. Nor did it account for the intent of voters This advisory opinion does not impact our ongoing federal litigation to secure the voting rights of hundreds of thousands of returning citizens. failed to demonstrate that voters knew court fees must be paid too. Floridians voted to end lifetime voter disenfranchisement and to automatically restore voting rights to returning citizens in the state. Such “poll taxes” misuse the government’s taxing power to restrict the right to vote and are expressly forbidden by the Twenty-Fourth Amendment, which was adopted in the wake of Jim Crow era poll taxes enacted to disenfranchise Black Americans. Voting by Mail is Easier and Safer Than You Think. While Justice Labarga was correct A federal court has already held that the state cannot deny people the right to vote because of their inability to pay financial obligations. They sought to end existing remnants of Florida’s disgraceful Jim Crow era, but the governor’s actions effectively uphold them. TALLAHASSEE, Fla. — The Florida Supreme Court’s advisory opinion does not — indeed, cannot — alter what the U.S. Constitution requires. If it does, we are confident the federal courts will correct it. If it does, we are confident the federal courts will correct it. The ruling reads: [the amendment is] misleading because the meaning of the text of the ballot summary does not accurately describe the meaning of the Initiative’s text regarding the exemption." The Florida Supreme Court took that position in an advisory opinion for DeSantis and “I don’t think the Florida Supreme Court could have interpreted any other way,” Cooper said. TALLAHASSEE, FL — The Florida Supreme Court’s advisory opinion does not — indeed, cannot — alter what the U.S. Constitution requires. This has resulted in a skewed grant of clemency as courts in Democratic-leaning counties have instituted waiver programs while courts in Republican-leaning counties have not. Although the court pointed to a voters’ guide drafted by the ACLU stating Rather than focusing on what the plain meaning of “completion of all terms of sentence including parole and probation” would be to an ordinary citizen, the court turned to technical tools like the Florida Rules of Criminal Procedure and Black’s Law Dictionary to define “sentence.” In so doing, the court ignored the noscitur a sociis canon and the reality that laypersons are likely to think of penalties related to time and confinement when the word “sentence” is placed in the context of “parole” and “probation” — not court fees. In upholding the legislature’s flawed implementation of Amendment 4, the Florida Supreme Court unduly infringed on the voting rights of Black citizens and ex-felons living in Republican counties.
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