Amendment 4 Implementation Prompts Litigation

ema Sept. 22, 2020 - In the Nov. 6, 2018 general election, Florida voters approved Amendment 4 (>), the Voting Rights Restoration for Felons Initiative, by a margin of 64.5% to 35.5%.  There are about 1.4 million ex-felons / returning citizens in Florida, so this is a big deal.  To implement the amendment, the legislature passed SB7066, which Gov. DeSantis signed on June 28, 2019.  The law includes provisions requiring returning citizens to pay all restitution, fines, and fees included in their sentence before voting rights are restored.  Critics charged that SB7066 undermines or guts the amendment and effectively creates "a new poll tax."  An expert analysis found that the legal financial obligations requirement of SB7066 would mean that only one in five returning citizens would actually regain eligibility to vote (>).  The American Civil Liberties Union, ACLU of Florida, NAACP Legal Defense and Educational Fund, Brennan Center for Justice at NYU Law, Campaign Legal Center, and Southern Poverty Law Center quickly took the matter to court, but in a Sept. 11, 2020 ruling the full Eleventh Circuit Court of Appeals upheld the law.  Meanwhile the Florida Rights Restoration Coalition (FRRC) established a Fines and Fees program to help pay fines and fees of returning citizens. 

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https://floridarrc.com/press-materials/#


ACLU of Florida
September 11, 2020
MEDIA CONTACT
Casey Bruce-White, ACLU of Florida
Inga Sarda-Sorensen, ACLU National
Julian Brookes, Brennan Center for Justice at NYU Law
Phoebe Plagens, NAACP LDF

FEDERAL APPEALS COURT AFFIRMS WEALTH-BASED BARRIERS TO VOTING

ATLANTA — A federal appeals court today upheld a Florida law that created wealth-based hurdles to voting. The decision denies voting rights to hundreds of thousands of people with past felony convictions.

The case, Jones v. DeSantis, concerned Senate Bill 7066 (SB7066), which was signed into law by Florida Gov. Ron DeSantis in 2019. This law made voting rights for hundreds of thousands of people with past felony convictions contingent on payment of all legal financial obligations. It directly undermined Florida voters' overwhelming passage of the Voting Restoration Amendment 4 in 2018, which had restored voting rights to over a million people with past felony convictions.

The American Civil Liberties Union, ACLU of Florida, Brennan Center for Justice at NYU Law, and NAACP Legal Defense and Educational Fund sued immediately after the governor signed the legislation. In May 2020, a district court struck down the law as unconstitutional, but the ruling was put on hold pending an appeal by the governor.

The appeal was heard by the full Eleventh Circuit Court of Appeals. Today’s decision blocks hundreds of thousands of Floridians from registering to vote in time for the November election.

The following comments are from:

Julie Ebenstein, senior staff attorney with the ACLU’s Voting Rights Project: “This ruling runs counter to the foundational principle that Americans do not have to pay to vote. The gravity of this decision cannot be overstated. It is an affront to the spirit of democracy.”

Daniel Tilley, ACLU of Florida legal director: “Despite today’s ruling, the fight is not over. Creating roadblocks to voting based on wealth is unconstitutional, wrong, and appalling to anyone who cares about democracy. Gov. Ron DeSantis and Florida lawmakers have worked constantly to obstruct the restorative justice sought and approved by Floridians through Amendment 4. They have tried to overturn the will of voters and to affix a price tag on the right to vote. While today’s court ruling has, temporarily, permitted that behavior by Gov. DeSantis, there are many voters who meet even the extreme requirements of this unconstitutional law. Working with our partners, we will continue to inform those voters of their eligibility so that as many returning citizens as possible are able to participate in our democracy.”

Sean Morales-Doyle, deputy director of the Voting Rights and Elections Program at the Brennan Center for Justice at NYU Law: “This ruling is a historic mistake and a defeat for voting rights. It tells the state of Florida that it’s legitimate to put a price tag on voting. Worse, the court says it’s okay to do so even when Black Floridians owe more than their white counterparts, and even when many can’t even determine how much they owe and to whom. By rejecting the district court’s ruling and upholding this law, the court has scored a win for voter suppression and blocked the way for hundreds of thousands of Floridians with past convictions to exercise their fundamental right to vote, in November and beyond.”

Leah C. Aden, deputy director of litigation at the NAACP Legal Defense and Educational Fund: “Today’s ruling is outrageous, and directly contrary to overwhelming public desire to restore returning citizens’ voting rights in Florida and a trial court’s and prior appellate court's well-reasoned findings. It also is not lost on us that erecting a monetary barrier to the ballot box significantly and disproportionately harms Black returning citizens in Florida. This decision sanctions Florida’s ability to require a long-prohibited poll tax to vote and prolongs confusion for people who may owe monetary amounts that are unknown or difficult to determine, even by Florida. Undoubtedly, we will keep fighting to realize the promise of Amendment 4.”

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Florida Rights Restoration Coalition
September 11, 2020
Contact: Taylor Hopkins

In Light of 11th Circuit Ruling, Florida Rights Restoration Coalition Vows to Pay the Fines & Fees of Returning Citizens

ORLANDO, FL (September 11, 2020) — Earlier today, the 11th Circuit dealt a massive blow to our democracy, and the real lives of returning citizens across Florida. In 2018, Florida voters passed Amendment 4 by ⅔ majority, expanding voting rights to 1.4 million formerly convicted citizens.

Florida Rights Restoration Coalition, which had filed an amicus brief on this case, is raising money to help pay the outstanding fines and fees of thousands of returning citizens. In response to SB7066 being upheld, Desmond Meade of the FRRC has remained steadfast.

"The 11th Circuit's decision is a blow to democracy and to the hundreds of thousands of returning citizens across Florida who should have an opportunity to participate in this incredibly important election," said Desmond Meade, Executive Director of the Florida Rights Restoration Coalition. "We will continue to place people over politics. We will not rest until we live up to the promise of Amendment 4 and see every one of the 1.4 million returning citizens who want to be a part of our democracy have the opportunity to do so. That is why we are encouraging people to step up and defend democracy by supporting our efforts to pay the fines and fees of Florida's returning citizens through our Fines & Fees program, and allow people with past convictions to become eligible voters despite the obstacles placed before us." To date, FRRC has already freed the vote for over 4,000 returning Florida citizens.

About The Florida Rights Restoration Coalition
FRRC is a grassroots, membership organization run by Returning Citizens (Formerly Convicted Persons) who are dedicated to ending the disenfranchisement and discrimination against people with convictions and creating a more comprehensive and humane reentry system that will enhance successful reentry, reduce recidivism, and increase public safety. For more information, visit https://floridarrc.com/.

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Florida Rights Restoration Coalition
Press Advisory: August 7, 2020
Contact: Taylor Hopkins

Florida Rights Restoration Coalition to Announce $2 Million Paid to Returning Citizens in Fines and Fees -Group will also outline voting plans for August Primary at Monday Press Conference

ORLANDO, FL (August 7, 2020) — On Monday, August 10, at 10:00am in front of the Orange County Supervisor of Elections Office, the Florida Rights Restoration Coalition (FRRC) will announce it has spent over $2 Million dollars assisting Florida’s returning citizens in paying off their fines/fees, and restoring their right to vote.

“The growing support for the FRRC Fines and Fees program reflects a real commitment to strengthening democracy and making sure people’s voices are being heard,” said FRRC Executive Director Desmond Meade. “We are grateful for everyone who is donating to this important effort.”

FRRC has raised several million dollars in recent weeks to assist with court-related financial obligations of returning citizens, through the Fines and Fees program. 100 percent of the donations to the program go to assist returning citizens all over the state.

“It is incredible to not only have the opportunity to believe and invest in the lives of our Returning Citizen family, but to be able to invest in our communities,” said Jessica Younts, the Director of FRRC’s Fines and Fees Department. “This has been such an amazing effort by everyone who played a part in making this happen, from our Returning Citizen family, clerk staff, volunteer attorneys, our FRRC team, to all the donors. We all did this. We all came together and now our communities will be forever changed for the better,” Younts continued.

Monday’s announcement marks a milestone achieved by FRRC in the process of creating a more inclusive democracy. Thousands of returning citizens will become eligible to vote for the first time in upcoming elections and impact change in their communities, while also overcoming years of historical disenfranchisement. Local returning citizens will join the press conference to discuss their new voting rights, with some anticipating to vote at the supervisor’s office on Monday.

“We are incredibly excited to be voting in our local primaries,” said FRRC Deputy Director Neil Volz. “Many of us have waited decades to vote, or never voted at all. It is going to be a special moment.”

In 2018, Florida citizens voted to approve Amendment 4 and automatically restore the voting rights of 1.4 million people with past felony convictions. Today, the voting eligibility of returning citizens is jeopardized due to recent court decisions concerning Florida’s law requiring the payment of all fines, fees and restitution related to prior convictions.

PRESS CONFERENCE DETAILS
When: 10:00am on Monday, August 10th
Where: Orange County Supervisor of Elections Office
What: FRRC Leadership and local Returning Citizens

About The Florida Rights Restoration Coalition FRRC is a grassroots, membership organization run by Returning Citizens (Formerly Convicted Persons) who are dedicated to ending the disenfranchisement and discrimination against people with convictions and creating a more comprehensive and humane reentry system that will enhance successful reentry, reduce recidivism, and increase public safety. For more information, visit https://floridarrc.com/.

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ACLU of Florida
August 3, 2020

GROUPS URGE FEDERAL APPEALS COURT TO AFFIRM WEALTH-BASED BARRIERS TO VOTING ARE UNCONSTITUTIONAL

ATLANTA – Voting rights advocates today urged a federal appeals court to uphold a decision that concluded a Florida law that created wealth-based hurdles to voting is unconstitutional.

The American Civil Liberties Union, ACLU of Florida, NAACP Legal Defense and Educational Fund, and Brennan Center for Justice at NYU Law are among the groups challenging the law, which was struck down by a federal district judge, restoring voting rights to hundreds of thousands of Floridians with past felony convictions.

Florida Gov. Ron DeSantis appealed, however, and the lower court ruling was placed on hold until the full Eleventh Circuit Court of Appeals hears the case on August 18.

The groups today filed their appeals court brief. Find it here: https://www.aclufl.org/en/Jones-v-DeSantis-Appellees-Brief-Gruver-McCoy-...

Plaintiffs also received broad support from amici curiae — “friends-of-the-court” — from across the political spectrum, who filed briefs today supporting the common-sense position that people should not have to pay to vote.

Amici include 19 states (Illinois, California, Colorado, Connecticut, Delaware, Hawaii, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Vermont, Virginia, and Washington) and the District of Columbia; the Florida Rights Restoration Coalition, an organization of returning citizens who sponsored Amendment 4; a group of former and current election officials and administrators; former Department of Justice attorneys; professors and voting rights scholars; organizations such as R Street and the Cato Institute; and a number of government and criminal justice reform organizations.

At issue is the 2019 law, Senate Bill 7066, which undermined Floridians’ overwhelming 2018 passage of Amendment 4 by making voting contingent on returning citizens' ability to pay all legal financial obligations prior to being able to register and vote.

In May 2020, the federal court ruled the law violated the U.S. Constitution by discriminating on the basis of wealth. It also held that requiring the payment of costs and fees violates the 24th Amendment — which prohibits poll taxes — and violates due process principles and the National Voter Registration Act. If the appeals court affirms the lower court’s injunction, it may enable hundreds of thousands of returning citizens to vote in the November election.

The following comment is from:

Julie Ebenstein, senior staff attorney with the ACLU’s Voting Rights Project: “This law is a modern-day poll tax, and the courts have repeatedly ruled it unconstitutional. People from all across the political spectrum recognize it is wrong to force Americans to pay to vote. We remain hopeful the appeals court will strike down this law once and for all.”

Daniel Tilley, legal director of the ACLU of Florida: “Conditioning enfranchisement on the ability to pay is simply unconstitutional. Governor DeSantis has gone out of his way to bar hundreds of thousands of people from voting. His pay-to-vote scheme is a disgraceful assault on our democracy.”

Leah Aden, deputy director of litigation at NAACP LDF: “The only requirement that stands in the way of hundreds of thousands of returning citizens, disproportionately Black, being able to register and vote in Florida is money. Florida implemented SB7066 knowing returning citizens face this economic barrier and the state lacks any system to inform people of what, if anything, they are required to pay-to-vote. This turns our Constitution on its head, as does Florida's abhorrent position that the Constitution doesn't apply to returning citizens. Together, we will persist in fighting to realize Amendment 4's promise and eliminate SB7066's pay-to-vote scheme.”

Sean Morales-Doyle, deputy director of the Voting Rights and Election program at the Brennan Center for Justice at NYU: “Florida’s pay-to-vote system is unconstitutional and an affront to our nation’s democratic principles. What’s worse, the state is entirely incapable of administering the system, leaving prospective voters and elections officials alike confused about who is eligible. We hope the appellate court will uphold the trial court’s decision to clear the way for hundreds of thousands to register and vote.”

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Florida Rights Restoration Coalition
For Immediate Release: July 29, 2020
Contact: Anastasia Semien Douglas

Michael Jordan and Jordan Brand Donate $1 million to Combat Disenfranchisement of People with Felony Convictions

ORLANDO, FL (July 29, 2020) — On Wednesday, Michael Jordan and the Jordan Brand announced that the basketball great will donate $1 million to the Formerly Incarcerated and Convicted Peoples and their Families Movement (FICPFM) to combat Black voter suppression and the disenfranchisement of people with felony convictions. The Florida Rights Restoration Coalition (FRRC) will receive $500,000 of that donation to help pay off the fines and fees of Florida returning citizens so they can register to vote and move forward with their lives.

“This contribution will help strengthen our democracy and improve the lives of returning citizens in Florida,” said FRRC Executive Director Desmond Meade.“The sports industry has really stepped up and shown us the power of putting people over politics, and I couldn’t be more honored to receive this donation from the legend himself, Michael Jordan.”

“Our $100 million commitment was just the start and we are now moving from commitment to action,” said Michael Jordan. “One of the ways we change this country’s ingrained racism is by eliminating black voter suppression. Our initial partners will directly impact the social and political power of Black people in our country. We know it will take time to create the change we want to see, but we’re working quickly to help make the Black Community’s voice be heard.”

“We are fully committed to addressing the long history of oppression that continues to plague Black Communities in the United States,” said Craig Williams, President of Jordan Brand. “This will require urgent action and long-term engagement. As we continue to identify partner organizations, we will have a disciplined focus on social justice, economic justice and education, as the most effective ways for us to eliminate the systemic racism that remains in society.”

Back on June 5, Michael Jordan and the Jordan Brand committed to donate $100 million over 10 years to directly impact the fight against systemic racism. These donations will focus on three priority areas: social justice, economic justice and education and awareness. Jordan and the Jordan brand also will also donate $1 million to the NAACP Legal Defense and Educational Fund, Inc. (LDF) and $500,000 to Black Voters Matter. Partners were selected based on their ability to take action that can create impact now.


About The Florida Rights Restoration Coalition FRRC is a grassroots, membership organization run by Returning Citizens (Formerly Convicted Persons) who are dedicated to ending the disenfranchisement and discrimination against people with convictions and creating a more comprehensive and humane reentry system that will enhance successful reentry, reduce recidivism, and increase public safety. For more information, visit https://floridarrc.com/.

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Florida Rights Restoration Coalition
For Immediate Release: July 28, 2020
Contact: Anastasia Semien Douglas

 FRRC Awarded Grant for Voter Mobilization

July 28, 2020 — Today, the Florida Rights Restoration Coalition (FRRC) announced that it has received a grant of $1 million from Vote Your Voice, a collaboration between the Southern Poverty Law Center (SPLC) and the Community Foundation for Greater Atlanta. The grant will further FRRC’s efforts to register, educate and mobilize voters of color in Florida, particularly in the most heavily incarcerated areas across 35 counties.

“We are fully committed to ending the disenfranchisement and discrimination against people with convictions,” said Desmond Meade, Executive Director of the Florida Rights Restoration Coalition. “This is a pivotal moment, and all voices must be heard. We are honored to have been recognized for the work we do, and we greatly appreciate the support of Vote Your Voice.”

The Vote Your Voice initiative has pledged up to $30 million to support nonpartisan, nonprofit voter registration, education and mobilization efforts through 2022 in five southern states: Alabama, Florida, Georgia, Louisiana and Mississippi. The program builds on the SPLC’s ongoing voting rights work to enable every citizen in the Deep South the opportunity to have their voice heard at the ballot box. The goal is to reach constituencies that historically and currently face barriers to voting, focusing on returning citizens, those who have been purged from voter rolls and infrequent voters of color.

“We are filled with hope when we see the high impact work on the ground of FRRC,” said Southern Poverty Law Center President and Chief Executive Officer Margaret Huang. “Our goal is to combat the resurgence of state-sponsored voter suppression that is especially targeting communities of color. We must end tactics that include blocking rights restoration efforts, eliminating polling places, scaling back early voting, instituting onerous voter ID laws, and limiting access to voting by mail and other measures. By supporting this vital work in Florida, we continue to honor the legacy of all of the civil rights leaders who came before us.”

Said Clare S. Richie, public policy specialist with the Community Foundation for Greater Atlanta: "We are committed to strengthening civic voice for our most precious right as a U.S. citizen, our right to vote. America is at a point of reckoning and we appreciate the role FRRC is playing, especially to ensure voters of color who have currently and historically faced barriers, to have their voice heard and counted."


FRRC is a grassroots, membership organization run by Returning Citizens (Formerly Convicted Persons) who are dedicated to ending the disenfranchisement and discrimination against people with convictions and creating a more comprehensive and humane reentry system that will enhance successful reentry, reduce recidivism, and increase public safety.

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Florida Rights Restoration Coalition
For Immediate Release: July 24, 2020
Contact: Anastasia Semien Douglas

More Than A Vote and Florida Rights Restoration Coalition Announce Partnership To Combat Disenfranchisement in Florida

ORLANDO, FL (July 24, 2020) — More Than A Vote and the Florida Rights Restoration Coalition are announcing a partnership aimed at securing voting rights for citizens of Florida with past felony convictions.

More Than A Vote is raising $100,000 in direct contributions for the FRRC’s fines and fees fund, which provides financial assistance to Floridians who must pay off outstanding fees and fines associated with felony convictions before being eligible to vote.

In addition to the direct contribution, More Than A Vote is also partnering with Magnolia Pictures and Participant as a part of the Good Trouble impact campaign to host an ongoing online screening of John Lewis: Good Trouble, the new documentary that chronicles the life of the late civil rights activist and member of Congress. Athletes and artists from MTAV will promote the screening with proceeds going directly to the FRRC’s fines and fees fund.

Viewers can watch the documentary and contribute to the FRRC HERE.

The announcement marks the beginning of the partnership between More Than A Vote and the Florida Rights Restoration Coalition in their efforts to end disenfranchisement and discrimination against people with convictions in the state of Florida.

In 2018, the people of Florida overwhelmingly voted to approve the Amendment 4 ballot initiative to amend the state constitution to restore the voting rights of most citizens with past felony convictions. However, the state legislature responded by passing a law requiring returning citizens to pay off outstanding fees, fines, and restitution associated with their convictions prior to being eligible to vote. FRRC sponsored Amendment 4 and led the effort to restore the vote to 1.4 million Floridians with felony convictions. It was the largest voting rights expansion in over 50 years.

FRRC launched the Fines and Fees Program because it believes that returning citizens can play an essential role in strengthening our communities and increasing public safety. The organization believes that people who are closest to the pain are also closest to the solution. Therefore, to foster the highest levels of civic engagement possible in Florida's returning citizen population, FRRC is using its Fines and Fees Program to break down the barriers presented by outstanding financial obligations.

In 2016, 1-in-5 Black citizens in Florida were disenfranchised. Approximately one-third of citizens impacted by Amendment 4 are Black.

“We believe that your right to vote shouldn’t depend upon whether or not you can pay to exercise it, which is why More Than A Vote is proud to partner with the Florida Rights Restoration Coalition to ensure that formerly incarcerated American citizens -- many of them Black and brown -- are able to pay their outstanding fines and fees and register to vote in the 2020 election and beyond,” said Miami Heat Forward and More Than A Vote Member Udonis Haslem.

“This partnership will improve lives and strengthen our democracy,” said Desmond Meade, Executive Director of the Florida Rights Restoration Coalition. “FRRC is thrilled to partner with More Than A Vote to help Florida’s returning citizens pay off their fines and fees, complete their sentence and move forward with their lives. We look forward to the positive impact it will have on our communities and the lives of those who are hoping to vote and have their voices heard.”

Additional announcements on the partnership between More Than A Vote and The Florida Rights Restoration will follow in the coming weeks. More Than A Vote previously announced national partnerships with When We All Vote, Fair Fight Action, and the Election Protection coalition.

About The Florida Rights Restoration Coalition
FRRC is a grassroots, membership organization run by Returning Citizens (Formerly Convicted Persons) who are dedicated to ending the disenfranchisement and discrimination against people with convictions and creating a more comprehensive and humane reentry system that will enhance successful reentry, reduce recidivism, and increase public safety.

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Florida Rights Restoration Coalition
For Immediate Release: July 16, 2020
Contact: Anastasia Semien Douglas

Amendment 4 Leader Desmond Meade Releases Statement on Supreme Court Decision to Temporarily Block Florida Returning Citizens from Voting

“At the heart of this debate are hundreds of thousands of people from all walks of life, and all parts of the state,” said Desmond Meade, Executive Director of the Florida Rights Restoration Coalition. “People who a federal judge said should vote in this election, but that our own government is now blocking.” “We are disappointed with the Supreme Court’s decision but not deterred. Where others see obstacles, we see opportunities. We know a more vibrant democracy is a stronger democracy, and that the voices of the people will be heard. That is why FRRC will continue to operate under the color of law and work to get as many people registered to vote ahead of the election as possible.”


FRRC is a grassroots, membership organization run by Returning Citizens (Formerly Convicted Persons) who are dedicated to ending the disenfranchisement and discrimination against people with convictions and creating a more comprehensive and humane reentry system that will enhance successful reentry, reduce recidivism, and increase public safety.

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ACLU of Florida
May 24, 2020

FEDERAL COURT RULES FLORIDA LAW THAT UNDERMINED VOTING RIGHTS RESTORATION IS UNCONSTITUTIONAL

TALLAHASSEE, Fla. – A federal court today ruled that a Florida law that created wealth-based hurdles to voting is unconstitutional. The decision restores voting rights to hundreds of thousands of people with past felony convictions.

The law, SB 7066, required people with past convictions to pay all outstanding legal fees, costs, fines, and restitution before regaining their right to vote, undermining Floridians’ overwhelming 2018 passage of Amendment 4, which restored voting rights to more than a million people who had completed the terms of their sentence, including parole or probation.

U.S. District Judge Robert Hinkle found that conditioning voting on payment of legal financial obligations a person is unable to pay violates the equal protection clause of the 14th Amendment by discriminating on the basis of wealth. He also held that requiring the payment of costs and fees violates the 24th Amendment, which prohibits poll taxes, and that the law violates the National Voter Registration Act.

The case was brought by the American Civil Liberties Union, ACLU of Florida, Brennan Center for Justice at NYU Law, the NAACP Legal Defense and Educational Fund, Campaign Legal Center, Southern Poverty Law Center, and the legal firm Paul, Weiss, Rifkind, Wharton & Garrison LLP.

The following comments are from:
Daniel Tilley, ACLU of Florida legal director: “Today's ruling is a powerful reminder that no one can trump the U.S. Constitution. Our democracy requires that every eligible voter have equitable access to the ballot box. Instead of embracing this founding principle, the Florida Legislature and Gov. DeSantis enacted a modern-day poll tax to keep people from accessing this fundamental right. The Constitution is clear — you cannot make voting contingent on wealth. It should alarm Floridians that there are people occupying the highest echelons of political power in our state who fought to keep Florida tied to its racist past and bar people from voting. We are pleased the court saw right through that and rejected this blatantly discriminatory voter suppression scheme. We are grateful to all of our brave clients for speaking out and standing against this discriminatory law. While the state is likely to appeal this decision, we’re ready to take this fight all the way to the U.S. Supreme Court.”

Julie Ebenstein, senior staff attorney with ACLU’s Voting Rights Project: “The court recognized that conditioning a person's right to vote on their ability to pay is unconstitutional. This ruling means hundreds of thousands of Floridians will be able to rejoin the electorate and participate in upcoming elections. This is a tremendous victory for voting rights.”

Sean Morales-Doyle, senior counsel at the Brennan Center for Justice at NYU Law: “This is a historic win for voting rights. Judge Hinkle told the state of Florida what the rest of America already knows. You can’t condition the right to vote on a person’s wealth. This ruling opens the way for hundreds of thousands of Floridians to exercise their fundamental right to vote this November — and our democracy will be stronger for their participation.”

Leah C. Aden, deputy director of litigation at the NAACP Legal Defense and Educational Fund: “Today’s decision is a monumental win for our democracy and the voting rights of returning citizens. The court recognized that returning citizens should not have to pay to vote if they are unable to do so — and that certain legal financial obligations (LFOs) function today like the unconstitutional poll taxes that states erected to lock Black people out of the political system decades ago. Indeed, SB7066's requirements are particularly harmful to Black returning citizens, who often enter into the criminal system impoverished and, when they come out, endure collateral consequences that make it difficult to gain jobs and housing with a felony conviction. While we’re disappointed that the court did not recognize that the Legislature’s decision to adopt SB7066 was partially motivated by a desire to minimize the political power of black returning citizens, we nonetheless celebrate this important win alongside our brave clients like Raquel Wright, Curtis Bryant, Jr., LaToya Moreland, and the Florida State and Orange County NAACP. Through their compelling testimony and dedicated engagement, they fearlessly stood up against Florida’s attempt to put a price tag on voting.”

The opinion can be found here: https://www.aclufl.org/sites/default/files/420_trial_order.pdf
The request for advisory opinion can be found here: https://www.aclufl.org/sites/default/files/420-1_request_for_advisory_op...
The standards for governing eligibility can be found here: https://www.aclufl.org/sites/default/files/420-2_standards_for_governing...

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Florida Rights Restoration Coalition
For Immediate Release: May 24, 2020
Contact: Anastasia Semien Douglas

FRRC Celebrates Historic Win for FL Returning Citizens with U.S. District Court Ruling

Orlando, FL (May 24, 2020) —Today, the Florida Rights Restoration Coalition led a celebration across the state of Florida and the nation after a federal judge ruled in favor of Florida’s returning citizen community in a far-reaching ruling that creates a pathway to voting for hundreds of thousands of Florida citizens. The case was the nation’s first fully virtual civil rights trial.

U.S. District Judge Robert Hinkle ruled that SB 7066, a state law requiring returning citizens to pay all restitution, fines and fees before they are eligible to vote, is unconstitutional. The case was granted class certification, so the ruling applies to hundreds of thousands of returning citizens across the state who still owe fines and fees and are unable to pay-— namely hundreds of thousands who can now get immediate relief from the court and register to vote.

“This court decision adds another remarkable chapter in our fight as returning citizens to participate in our democracy,” said Desmond Meade, Executive Director of the FRRC. “We will remain vigilant in our commitment to place people over politics, and ensure that all returning citizens, no matter how they may vote, have an opportunity to possess what we believe to be the most endearing sign of citizenship, the right to vote.”

“As the leaders of Amendment 4, we are looking forward to utilizing this court ruling to expand on our registration efforts to create a more inclusive democracy, make voting exciting again, and to coalesce the voices of returning citizens to create a more just and equitable justice system.

While we understand that this litigation may continue through an appeal process, we remain cautiously optimistic that this movement will prevail,” Meade added. “It is our desire and hope that the state and governor fully embrace this ruling and immediately take the necessary steps to create a more inclusive democracy. After all, isn't that what a state and governor are supposed to do? Shouldn't they want as many citizens as possible participating in our democracy? We have been committed to operating under the color of law, and I hope that the Governor and the state will commit to doing so too, as we most certainly will.”

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ACLU of Florida
May 21, 2020

ACLU OF FLORIDA LAUNCHES VOTER OUTREACH EFFORT WITH NON-PARTISAN PARTNERS – EQUAL GROUND, VOTO LATINO, REAL WOMEN RADIO FOUNDATION

MIAMI, FL – The American Civil Liberties Union of Florida announces a new voter outreach effort in partnership with non-partisan organizations Equal Ground, Voto Latino, and Real Women Radio Foundation. The initiative rests on a new database completed by the ACLU of Florida aimed at identifying eligible voters pursuant to Senate Bill 7066, which disenfranchises hundreds of thousands of voters who had their rights constitutionally restored through the 2018 passage of Amendment 4. The law, which is being challenged in federal court, denies the right to vote to nearly four out of five returning citizens who should be eligible to vote under Amendment 4, due to their inability to pay all fines, fees, and other monetary penalties associated with their convictions.

“We are committed to doing everything we can to end barriers to voting in Florida. While our legal challenge to SB 7066 remains our priority, we knew there was more that needed to be done,” said Micah Kubic, Executive Director of the ACLU of Florida. “The reality is there are hundreds of thousands of Floridians whose right to vote is in limbo because of the state’s inaccurate and confusing record keeping on legal financial obligations. Frankly, it is unacceptable—which is why the creation of this database was necessary to our work to ensure every eligible voter in Florida has access to the ballot box. Democracy is strongest when more people participate, and this effort will help ensure a stronger democracy and that the will of Floridians who supported Amendment 4 is honored.”

To ensure all Florida citizens have unencumbered access to the ballot box, Equal Ground, Voto Latino, and Real Women Radio Foundation will use this tool as a part of their local and statewide voter registration efforts. At the same time, the ACLU of Florida will be communicating with individuals about important civil rights and civil liberties issues and encouraging them to consider those issues as they participate in the 2020 elections.

“The right to vote is a central tool in the democratic upkeep of our nation. While we are obviously very pleased that returning citizens now have a greater opportunity to vote in Florida, it is alarming that Governor DeSantis and the State Legislature have sought to reinstate blatant disenfranchisement in the face of overwhelming support from Florida’s voters,” said Danny Friedman, managing director of Voto Latino. “Voto Latino is committed to helping any and all eligible voters register to vote and then exercise their rights at the polls. We stand firmly with the voters of Florida in the quest for a full and unimpeded franchise.”

The State of Florida lacks a centralized database containing information on who has outstanding legal financial obligations (LFOs), making it nearly impossible for many people to find out how much they owe, and therefore know whether they can lawfully register to vote under Senate Bill 7066. A 2020 analysis of outstanding legal financial obligations in Florida showed, in a conservative estimate, that barely more than one in five individuals whose eligibility to vote was restored through Amendment 4 are likely to be eligible to register to vote under SB7066.
This new database, which holds information from all of the county clerks of court across the state dating back to 1995, serves to centralize this information and help identify the one in five individuals who are eligible to vote under SB 7066 because those available records indicate that they have no outstanding legal financial obligations.

“Witnessing the suppression of access to the ballot box by our state elected officials after the passage of the 2018 Voting Rights Amendment, we're proud to stand with the ACLU and other organizations to expand the electorate,” said Kristin Fulwylie, Managing Director of Equal Ground Education Fund. “We believe this is the right time to be bold and diligent in our actions to reach as many eligible voters as possible ahead of the 2020 election.”

Considering the challenges posed by the COVID-19 pandemic to conventional and in-person voter engagement efforts, the organizations will move to reach eligible voters on online platforms.
"We are facing unprecedented times, but we must remain committed to informing and empowering Floridians with the information they need to participate in their democracy," said Nicole Dixon, Executive Director of Real Women Radio Foundation. "Alongside our partners, we will face the task at hand and continue with our online outreach efforts to contact eligible returning citizens. Justice and fairness demand it."

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ACLU of Florida
February 19, 2020

FEDERAL APPEALS COURT BLOCKS FLORIDA LAW THAT UNDERMINES VOTING RIGHTS RESTORATION

ATLANTA —  A federal appeals court upheld a ruling blocking a Florida law that created wealth-based hurdles to voting and significantly curtailed Florida’s Voting Restoration Amendment, also known as Amendment 4, which sought to end lifetime disenfranchisement and automatically restore voting rights to 1.4 million Floridians.

The law would have disenfranchised hundreds of thousands of Florida voters by making the right to vote contingent on returning citizens' ability to pay all legal financial obligations.

The American Civil Liberties Union (ACLU), the ACLU of Florida, the Brennan Center for Justice at NYU Law, and the NAACP Legal Defense and Educational Fund challenged Florida’s law and had the following reactions to today’s ruling by the Eleventh Circuit Court of Appeals:

“The court unanimously ruled that a person’s right to vote cannot be contingent upon their ability to pay, ” said Julie Ebenstein, senior staff attorney with the ACLU’s Voting Rights Project. “This law is a modern-day poll tax. This ruling recognizes the gravity of elected officials trying to circumvent Amendment 4 to create roadblocks to voting based on wealth.”

“This is a great win for voting rights!” said Myrna Perez, director of the Voting Rights and Elections program at the Brennan Center for Justice at NYU Law. “The Eleventh Circuit told the state of Florida what the rest of America already knows. You can’t condition the right to vote on a person’s wealth.”

“The Voting Restoration Amendment passed with 5.2 million votes and was one of the largest expansions of voting rights in United States history,”  said Daniel Tilley, legal director of the ACLU of Florida. “Despite the state’s best efforts to dismantle Amendment 4 through SB7066, today’s ruling affirms what Floridians intended when they passed Amendment 4--to restore to returning citizens their right to vote.”

“Today’s decision protects against Florida’s efforts to crassly undermine the historic citizen-led voter initiative that restored voting eligibility to more than 1.4 million individuals,” Leah Aden, deputy director of litigation, NAACP Legal Defense Fund. “By affirming a preliminary finding that predicated the ability to vote based on wealth is unconstitutional — particularly when Black people with felony convictions disproportionately lack access to wealth — we are able to continue our fight to ensure that ultimately all Floridians whose voting rights were rightfully restored through Amendment 4 can exercise that right.”

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ACLU of Florida
January 19, 2020

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

TALLAHASSEE, FL — The Florida Supreme Court’s advisory opinion does not — indeed, cannot — alter what the U.S. Constitution requires. A federal court has already held that the state cannot deny people the right to vote because of their inability to pay financial obligations. The U.S. Constitution also prohibits making voting rights contingent on the payment of taxes, and it requires Florida to provide due process to citizens before taking their voting rights away. Senate Bill 7066 violates these prohibitions, and nothing about the Florida Supreme Court’s opinion changes that.

This advisory opinion does not impact our ongoing federal litigation to secure the voting rights of hundreds of thousands of returning citizens. The state court was not asked to, and did not, determine when all terms of sentence are “complete.” The Florida Legislature cannot ignore U.S. constitutional protections when interpreting when a sentence is completed for the purpose of restoring voting rights. If it does, we are confident the federal courts will correct it. The court’s ruling also continues to leave plenty of room for the Florida Legislature to correct SB7066 and allow people who are unable to pay their obligations to vote. 

We should all be concerned by Governor Ron DeSantis’ efforts to manipulate and engineer a result that attempts to eliminate the voting rights of hundreds of thousands of Floridians. This deliberately constrained court proceeding — created by the Governor — prevented the state court from hearing from the very people impacted by SB7066. 

Floridians voted to end lifetime voter disenfranchisement and to automatically restore voting rights to returning citizens in the state. They sought to end existing remnants of Florida’s disgraceful Jim Crow era, but the Governor’s actions effectively uphold them.

Florida cannot violate the U.S. Constitution’s protections. The right to vote cannot be contingent on the ability to pay. We will continue fighting in federal court for our clients and the hundreds of thousands of Floridians' voting rights that SB7066 seeks to unconstitutionally and permanently eliminate.

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ACLU of Florida
October 18, 2019

FEDERAL COURT RULES THE RIGHT TO VOTE IN FLORIDA CANNOT BE DENIED ON ACCOUNT OF WEALTH

TALLAHASEE, Fla. — A federal court today ruled that the right to vote cannot be denied on account of wealth. Plaintiffs challenged a Florida law that creates wealth-based hurdles to voting and undermines Floridians’ overwhelming 2018 passage of Amendment 4, which restored voting rights to over a million people.

The American Civil Liberties Union, ACLU of Florida, NAACP Legal Defense and Educational Fund, and Brennan Center for Justice at NYU School of Law were in court October 7 and 8 seeking the preliminary injunction, which was granted in part today by U.S. District Judge Robert Hinkle.

The case was filed on behalf of 10 individual returning citizens, along with the League of Women Voters of Florida, the Florida State Conference of the NAACP, and the Orange County Branch of the NAACP.

The ruling applies to the 10 individual plaintiffs in this case, but the court held that the state must provide a quick and efficient process for others who are also unable to pay their legal financial obligations. Until Florida establishes this process, all other returning citizens who owe legal financial obligations are left waiting.

Floridians voted in 2018 to amend their state constitution to restore voting rights to people convicted of most felonies once they've completed their sentences. It was the single largest expansion of voting rights in the United States since the 26th Amendment lowered the voting age to 18 in 1971. In response, the Legislature passed a bill to limit Amendment 4’s reach, requiring people to repay any fines, fees, and restitution before their voting rights are restored.

“The court held that the right to vote cannot be denied based on a person’s inability to pay fines and fees. This ruling recognizes the gravity of elected officials trying to circumvent Amendment 4 to create voting roadblocks based on wealth,” said Julie Ebenstein, senior staff attorney with the ACLU’s Voting Rights Project.

“Today’s ruling is a huge win for our brave clients whose voting rights have been protected by the federal court, which blocked a Florida law that created wealth-based hurdles to voting and undermined Floridians’ overwhelming approval of Amendment 4,” said Micah Kubic, executive director of the ACLU of Florida. “The court’s decision is clear: the right to vote cannot be denied to anyone based on their inability to pay. The state must create a clear and unencumbered process that provides Florida’s returning citizens the ability to vote. This is an important win for our democracy.”

Leah Aden, deputy director of litigation, NAACP Legal Defense and Educational Fund, said, “This decision is a win for our individual clients and a critical step towards ensuring that the voting rights of other people with felony convictions are not trampled on by Florida officials. SB 7066 undermines the will of millions of voters, and undermines our democracy — unlawfully tying the ability to pay financial fees — a requirement disproportionately borne by Black people in Florida — to the right to participate in our political process. We will continue to fight for full relief for Florida voters who must not pay to vote.”

“Today the court upheld the fundamental American principle that the right to vote does not belong only to the wealthy,” said Sean Morales-Doyle, senior counsel in the Brennan Center’s Democracy Program. “It is now incumbent on the Florida Legislature to clean up their mess, quickly.

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Florida Rights Restoration Coalition
Sept. 27, 2019

FLORIDA RIGHTS RESTORATION COALITION JOINS AMENDMENT 4 COURT CASE

ORLANDO - Today, on September 27, 2019, the Florida Rights Restoration Coalition (FRRC) filed a proposed amicus curiae brief with the U.S. District Court of the Northern District of Florida in Jones v. DeSantis. This brief allows the state’s leading returning citizen organization to provide important and neutral input into the court case surrounding SB 7066, the law passed to clarify Florida’s Amendment 4, the amendment that lifted the state’s lifetime ban on voting for people with past felony convictions. The brief focuses on several key areas:

The Impact on Returning Citizens
SB 7066 requires returning citizens to pay all restitution, fines, and fees included in their sentence before voting rights are restored. It also includes two major alternative avenues to resolving these financial obligations:
- A judge can modify a returning citizen’s sentence to modify obligations entirely or remove them from the sentence. This modification provision allows returning citizens to seek to alleviate or remove the barrier that financial obligations may pose to their voting eligibility.
- The law mandates that sentence completion is based on requirements in the “four corners” of the sentencing document. This provision limits what financial obligations a person must pay in order to regain the right to vote.

The Sentence Modification and “Four-Corners” provisions created by SB 7066 will help returning citizens regain their right to vote, and therefore FRRC wants to see them protected.

The plaintiffs in the lawsuit, who claim that provisions of SB 7066 violate the U.S. constitution, have asked the court to enjoin, or temporarily hold, sections of the law where the sentence modification may be included. Today, through this brief, we are asking the court to protect the parts of the law allowing for sentence modification and “four corners” provisions, which are important pathways for returning citizens to complete their sentence and be eligible to vote - pathways won through hard fought legislative advocacy.

Thousands of voters could be disenfranchised if SB 7066’s allowances for sentencing modifications and “four corners” provisions are blocked, even for just a few months. By the time any hold might be lifted, it could be too late for potential returning citizen voters to resolve their financial obligations and vote, especially concerning this year’s local elections.

Those Closest to the Pain Are Closest to the Solution
Until today, there were no returning citizen-led organizations involved in the lawsuit surrounding SB 7066. Any serious discussion or debate about the rights of formerly convicted people should involve formerly convicted people. As FRRC executive director Desmond Meade says, those closest to the pain are often closest to the solution. FRRC is as an organization that has been led by returning citizens for nearly a decade, and is honored to add it’s voice as a neutral party in this lawsuit to make sure the needs of the returning citizen community are known and respected in this crucial process. FRRC is committed to putting people over politics and will continue to fight to ensure that those directly impacted are heard in the political process.

The Constitutionality of Amendment 4 is Secure
On August 15, the court asked about the possibility that Amendment 4 itself may be federally unconstitutional. FRRC contends in its brief that neither the plaintiffs nor the defendants claim that Amendment 4 itself is unconstitutional. As such, the court should not consider this as a possibility. For nearly a decade, FRRC has worked to create, pass and implement Amendment 4 and outlines clearly in its brief that the constitutionality of the Amendment is not before the court.