Voters in the State of Florida made History this past November when they chose to Restore Voting Rights to former Felons.
Yet it’s proving to be more Difficult than previously thought to Implement the Change.
As Lawmakers work to Re-Enfranchise this Population, they are also engaged in vigorous Debate over whether or not Court Costs should play a Role in determining the Franchise.
In other words, is it necessary for a Former Felon to have Paid Off any and All Outstanding Fines before the Right to Vote is Restored? Sadly, there isn’t One easily agreed-upon Answer.
It does, however, pose a Major Problem. Unpaid Court Fines are a huge Barrier to Voting for Former Felons.
A recent Article published by Talking Points Memo notes that Advocates say “most former offenders are saddled with crippling mandatory costs that are particularly difficult to meet because their convictions prevent them from obtaining decent-paying jobs.”
This essentially creates a Vicious Cycle that works to keep People Disenfranchised due to Economics. A Person can go to Prison, Serve their Time, and get Released, only to be Charged Exorbitant Fees “ranging from restitution to victims, fines and penalties, administrative costs associated with pretrial detention, court reporter fees, and expert fees.”
It can be Difficult to Pay these Fees because, frankly, it’s incredibly tough trying to get a Job with a Prison Record. As former Felons look for Steady Employment, these Fines and Fees may add up and go Unpaid.
So far, there isn’t much Data available on this Topic. Still, Experts say that Court-Imposed Financial Obligations are a Barrier that Prevents former Felons from Registering to Vote.
Phil Telfeyan, the Executive Director of Civil Rights Nonprofit Equal Justice Under the Law, said, “If Amendment 4 [Florida’s constitutional amendment that restores voting rights to former felons] is interpreted to prohibit re-enfranchisement just for people who can’t pay court debt, that’s effectively punishing someone for being poor.”
The way that Amendment 4 is written allows for the Restoration of Voting Rights to former Felons, except those Convicted of Murder or Sexual Offenses, but requires them to Complete their Sentences, which includes Prison, Parole, and Probation.
Fines and Fees can be Imposed as part of Probation. And some Cases, like Drug Crimes, include Heavy Fines, which can date back Decades. Some Offenders may not even be aware of their Unpaid Fines.
Florida isn’t the only State struggling to figure this out.
In Iowa, Republican Gov. Kim Reynolds just recently Proposed a Constitutional Amendment to Restore Voting Rights to former Felons. Unsurprisingly, her fellow Republicans want Restitution to be Paid in Full before Voting Rights can be Restored, even though the State’s Current Law doesn’t require it but instead Mandates that former Felons be in “good standing” with their Court-Set Obligations. Still, it seems that Iowa Republicans have No Problem requiring former Felons to Pay what essentially amounts to a Poll Tax in Order to Vote.
At the end of the day, Restoring Voting Rights to People who have served their time is the right thing to do.
But requiring them to Pay Hundreds, Thousands, and, in some Cases, Millions of Dollars to Vote is not actually Justice.
No one should be Prevented from Voting because they can’t afford it. This is something that we should have Reconciled long ago, but have yet to.
This is one of the many Reasons that our Criminal Justice System is so desperately in need of Reform. Ideally, the system would be about Rehabilitation. Instead, it’s overwhelmingly about Punishing those who are in the system, over and over again.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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