by Sandy Steed
Presidential Candidate Hilary Clinton once stated, “Voting is the most precious right of every citizen.” Unfortunately, not every American citizen can take advantage of this precious right. According to The Sentencing Project, it is estimated that 5.85 million Americans, or one in forty adults, have currently or permanently lost their voting rights as a result of a felony conviction. In Florida, more than 1.6 million Floridians (about 9 percent) cannot vote, hold office, or serve on a jury. Currently in Florida, if you are convicted of a felony, you lose your right to vote for life, unless the governor and the clemency board decide to restore this right. Convicted felons must apply for voting rights, a process that can take 10 years or longer. In 2011, the Florida Board of Executive Clemency reversed a 2007 policy change that automatically restored voting rights to non-violent offenders upon the completion of their sentence. All convicted felons must now apply for Executive Clemency after a five—or seven—year waiting period to regain their right to vote.
Across the nation, voting rights for convicted felons vary greatly. Even in states where ex-offenders automatically regain the right to vote upon completion of their sentence, the process of re-registering to vote is often difficult. The restoration process is often complex and requires lengthy paperwork, onerous documentation, and the involvement and coordination of several state agencies. Additionally, in states where ex-felons’ voting rights are automatically restored, many ex-offenders are not aware that they regained their voting rights. In states where ex-offenders must apply to get their rights back, they are not informed of the process for regaining their rights or offered assistance to do so.
Individuals who have paid their debt to society deserve a second chance and should be allowed to have their voices heard throughout the elections process. Currently, there is legislation pending in Congress that would restore voting rights in federal elections to persons with felony convictions. The Voter Empowerment Act, H.R. 12, would allow individuals with prior felony convictions to vote in federal elections. In Florida, civil rights and voting rights groups are working to change the Florida Constitution to allow people who have been convicted of a felony to vote after completing their sentences, including probation. The Florida Restoration Coalition, led by Desmond Meade, an FIU College of Law Alumni, has circulated petition forms proposing an amendment to the Florida Constitution stating, “Any disqualification from voting arising from a felony conviction shall terminate and voting rights shall be restored upon completion of all terms of sentence including parole or probation.” This automatic restoration would not apply to individuals convicted of murder or felony sexual offenses. In order to get this proposal on the ballot, supporters must collect nearly 700,000 petitions from Florida voters by February 2016. If supporters are successful in reaching this number, the Florida Voting Rights Restoration for Felons Initiative may appear on the November 8, 2016 ballot as an initiated constitutional amendment.
If you are interested in learning more about the constitutional amendment or signing the petition, visit http://www.floridiansforafairdemocracy.com/#!sign-the-petition/c1pt6.
Sandy Steed is Senior Staff Member at the FIU Law Review. Mrs. Steed can be reached at sjone115@fiu.edu.