Florida is unconstitutionally enforcing its ban on voting by ex-felons, an Obama-appointed federal judge ruled Thursday in a decision that could potentially upend this year’s elections.

In a scathing ruling that included a sharp rebuke to Republican Gov. Rick Scott’s administration, U.S. District Judge Mark Walker said the state's current process to restore voting rights — which can take years — is unconstitutional primarily because it is handled unfairly.

"A person convicted of a crime may have long ago exited the prison cell and completed probation," Walker wrote. "Her voting rights, however, remain locked in a dark crypt. Only the state has the key — but the state has swallowed it."

John Tupps, a spokesman for Scott, defended the process and suggested that an appeal was likely.

"The governor believes that convicted felons should show that they can lead a life free of crime and be accountable to their victims and our communities," Tupps said. "While we are reviewing today's ruling, we will continue to defend this process in the court."


Walker’s 43-page ruling does not mean that Florida’s automatic ban on voting by ex-felons – which has been enshrined in the state’s constitution for decades – is itself improper.

In fact, Walker said in his ruling that the automatic ban is legal, but added the process can't be arbitrary, or swayed by partisan politics.

He noted, for example, that Scott and the Cabinet restored voting rights to a white man who had voted illegally but told Scott that he had voted for him. Walker also pointed out that others who acknowledged voting illegally — but were black — had their applications turned down.

Florida's current process for restoring voting rights to felons who have completed their sentences is a slow one. It requires a hearing, and applicants are often denied. Shortly after taking office in 2007, then-Gov. Charlie Crist, a Republican, convinced two of the state's three Cabinet members to approve rules that would allow the parole commission to restore voting rights for non-violent felons without a hearing. Within a year, more than 100,000 ex-felons were granted voting rights.

But Scott and state Attorney General Pam Bondi pushed to end automatic restoration of voting rights as one of their first acts upon taking office in 2011. Most former felons have to wait at least five years before they can even apply to have their rights restored. Over the last seven years less than 3,000 former prisoners have had their rights restored.

Walker’s ruling does not set out a remedy for Florida’s violation. The judge said he will decide soon what Florida should do to fix the process.

A voting rights organization sued Scott last year on behalf of several people who had completed their prison sentences but had their request for voting rights turned down.

The ruling comes just months before Florida voters will be asked to alter the current ban. Backers of a constitutional amendment last week won a place on the November 2018 ballot. If 60 percent of voters approve, most former prisoners would have their rights automatically restored.

Link

These liberals have no shame in trying to destroy this country.

quote:

The judge said he will decide soon what Florida should do to fix the process.

It's good to be king!

Florida's system is bullshit. Fact is, if you have some serious "juice" with the Governor's office (regardless of party) you get your civil rights restored. But good luck if you don't. That is the problem with the system.

Lots of lots of ex-politicians and lawyers have received back their civil rights, but some kid how sold a crack rock to a cop 20 years ago aint got a chance in hell of getting it done.

Make if fair and you wont have this problem.

quote:

Florida is unconstitutionally enforcing its ban on voting by ex-felons, an Obama-appointed federal judge ruled Thursday in a decision that could potentially upend this year’s elections.

This clarifies the whole issue of why the decision came out the way it did.

quote:

Originally posted by JALLEN:
Walker’s 43-page ruling does not mean that Florida’s automatic ban on voting by ex-felons – which has been enshrined in the state’s constitution for decades – is itself improper.

In fact, Walker said in his ruling that the automatic ban is legal

Easy fix. Felons shouldn't be voting.

quote:

Originally posted by BamaJeepster:

quote:

Originally posted by JALLEN:
Walker’s 43-page ruling does not mean that Florida’s automatic ban on voting by ex-felons – which has been enshrined in the state’s constitution for decades – is itself improper.

In fact, Walker said in his ruling that the automatic ban is legal

Easy fix. Felons shouldn't be voting.

That’s what I think.

It used to be that a felony conviction was a serious bad mark. It’s not like a speeding ticket, or overtime parking. One must commit a fairly serious offense, indicating a lack of respect for law and society.

No weapons, no offices of trust or responsibility, no voting, anymore.

The State Bar of California has re-admitted a couple of lawyers I knew who got themselves in serious trouble, fencing stolen property, embezzling trust funds, gross flagrant securities law violations.

C’mon, man!

quote:

Originally posted by BamaJeepster:
Easy fix. Felons shouldn't be voting.

quote:

Originally posted by JALLEN:

That’s what I think.

...

Fortunately all the hubub is about the "process to restore" which is actually irrelevant as per the Florida constitution for a very long time now, convicted felons can't vote. Yes, there is a "process" thanks to good ole Charlie, but I don't see that being removed or changed in any way. The judge is just trying to set a path to restoring Democratic voting...errr I mean another pitfall and talking point that they can try and exploit in the hopes that it leads to felons voting again en-masse either by referendum or passed legislation. Don't see it happening either way, but they'll still try.

What this does shine light on yet again is that judges at every level need a path to more accountability for their rulings and interpretations.

Charlie Crist is a Democrat now.

quote:

Originally posted by sunburn:
Charlie Crist is a Democrat now.

Yes, I'm aware...hence my sarcastic reference to him. RINOs rarely come out of the closet completely in an attempt to walk the line for votes from both sides, but he did it to try and pander for the votes he thought would return him to power any which way he could manage it.

Sorry Charlie!

what is an ex-felon once a felon always a felon unless you get a full pardon

quote:

Charlie Crist is a Democrat now.

Orange Charlie was never much of a Republican, and certainly never a Conservative.
Many of his acts and publicity stunts as Attorney General (before election to Gov.) were openly left wing. He had and still has a lot of support from the teachers union and Morgan Law, excellent reasons to vote against him.
However, he won the GOP primary for gov. and certainly was better than the Democrat he beat in the election.

Many FL primaries have large fields and the candidate with the money and name recognition wins often not the best choice-----Charlie certainly was not my idea of the best or even a good choice.