Felons can't vote in Florida but in some states they can

We ran across a lot of people who were not allowed to vote in Florida when we were doing voter registration drives during the '08 campaign. I did not realize that many states restore their right to vote after time is served, which helps get them back into regular society.





http://www.businessinsider.com/states-that-dont-let-felons-vote-2012-10

Prior to the 2000 election, Jeb Bush used a purge list for Florida voters that included people who had only SIMILAR names, disregarding place of residence (sometimes other states) and gender...and disproportionately affecting black voters. This wasn't the only trick Bush and Kathryn Harris used to skew the vote in Florida.

http://www.michaelparenti.org/stolenelections.html

Level playing field? Are you assuming that most convicted felons would vote for Democrats?

If so... why?

Level playing field? Are you assuming that most convicted felons would vote for Democrats?

If so... why?

Because non violent felony convictions are the majority of these felons who actually have a brain, and understand that the Southern strategy and Nixon's law and order appeal was to disenfranchise black people in American politics, so it does not take a rocket scientist to recognize the enemy......the White Nationalist Party who has never stopped trying to return black people to unequal treatment under the law and Jim Crow. What do you think everybody is as stupid as the people who believe that Benghazi was Hillary's fault, or that Hillary will be prosecuted.......do you kinda see the folks who use this methodology still do the same...and you think a kid who got a felony on pot possession is going to vote for the White Nationalist Party.....you really do not get it.....lock her up.....lock her up......lock her up......same old same old.

The above overlay of the various states and their degrees of disenfranchisement is incorrect.

FL allows for a restoration of rights after a certain amount of time.

2seaoat wrote:Level playing field? Are you assuming that most convicted felons would vote for Democrats?

If so... why?

Because non violent felony convictions are the majority of these felons who actually have a brain, and understand that the Southern strategy and Nixon's law and order appeal was to disenfranchise black people in American politics, so it does not take a rocket scientist to recognize the enemy......the White Nationalist Party who has never stopped trying to return black people to unequal treatment under the law and Jim Crow.   What do you think everybody is as stupid as the people who believe that Benghazi was Hillary's fault, or that Hillary will be prosecuted.......do you kinda see the folks who use this methodology still do the same...and you think a kid who got a felony on pot possession is going to vote for the White Nationalist Party.....you really do not get it.....lock her up.....lock her up......lock her up......same old same old.

So what do you think is a fair penalty for those that break the law? Are societal protections racist? Spit it out comrade.

I do not think you lose your citizenship unless you commit treason, and we have 47 senators who should not be able to vote.....was that spit out.......you see when law makers can attempt to take fundamental rights away from citizens using the rational basis test, they did bad....we do bad.....that be rational, they fail to recognize when dealing with fundamental rights the compelling state interest test is used........and under that test taking away citizen rights to vote for anything less than treason, it not compelling under any constitutional test.....but please....advance your case why those guilty of treason should retain the right to vote........you see the compelling state interest is clear, but that kid who sold an amount of pot which qualifies him for a felony....we will take his fundamental rights away using the wrong constitutional test.....Mr. Khan.....please get an extra copy of that pocket constitution......more may be needed.

The constitution clearly gives states the power of disenfranchisement. See: fourteenth amendment section 2... and Richardson v. ramirez .

Perfect, you give the Nixon Court decision which executed the law and order component of the southern strategy. The case will be revisited and overturned, because it is flawed. The remedy must narrowly be drafted to meet the constitutional mandate of compelling state interest......treason yes, but a felony for having four ounces of pot......sorry it will be revisited and the Nixon war on drugs, law and order, and southern strategy will be put in historical context, and make the case on surface that there has been no proof of compelling state interest.....not conjecture, but facts. It will be overturned.

Its rational basis test is obvious.....we put black people in jail and take away their vote, then we will convert former democrats to Republicans and we will be able to compete in national elections. We responded last time the vote was attempted to be taken away from former slaves with a military reconstruction, but Nixon accomplished the same injustice by his appointments on the court by ignoring the universal standard of not taking away fundamental rights without a compelling state interest.....that means Alabama's need to take voting rights from black people was wrong in 1874 and it was wrong in 1974, but it will be revisited with real facts and stats which will clearly show the test has not been met.

Blah blah blah... I simply gave you the constitutional context to cut through your bs. Apparently you have an endless supply. It's no surprise to me that you take any and every opportunity to strip State rights to further empower the central govt.

How original... lol.

State rights....code for putting black people in chains and justifying slavery....I get it......like I have not been calling the same for 10 years, only to be told.....nope, David Duke and Donald Trump could never get votes in the New South........yep......states rights......blow that dog whistle.

othershoe1030 wrote:

PkrBum wrote:The above overlay of the various states and their degrees of disenfranchisement is incorrect.

FL allows for a restoration of rights after a certain amount of time.

Mr. SeaOat is much more educated on these matters than I, that's for sure and has argued for full restoration.

In Florida, as other states that don't automatically restore voting rights I ask this: Why should the state put roadblocks in the way of a person's right to vote once they have "paid their debt to society"? If they were sentenced and did their time it seems to me it would be best for the rest of society if that person would be at least given the chance to be a citizen in good standing and not be restricted forever due to a felony.

I know you point out that there are ways of overcoming this but why should they be made to struggle with the system when they have served their time?

I'm not defending the practice... just pointing out the mistake.  I mostly agree with you... although there should be some instances where a person's crimes against society are deemed so depraved that certain rights are forfeited.  One of the major issues is the right to bear arms.  Most gun crime is committed by persons already disenfranchised of that right... should we weaken that too? In honesty neither action (voting and gun rights) seems to have much effect.  Criminals don't usually vote or pay attention to gun laws... it's the nature of their character... particularly repeat offenders.  Still... I don't think watering down punishments will have any positive effects.  Do you? Honestly?

As for seagoat. Quit jumping all around.  You toss out the leftist talking points  (race/sex... etc) cards like a game of 52 pick up.  Have you really lost so much ability to debate and defend your positions? Should we begin taking it easy on you now? You don't even really need to answer... we'll know when you throw the deck of demagogue cards into the air... again... and again... and again.

I don't think the "harm" to society was ever the point... until now. By watering down I mean that the punishment is being watered down. Will the next step be no disenfranchisement? You may not think so now... but the issue progresses and that's the next logical step. Seagoat just see racism... of course... but the breaking of the societal bond is broken by the felon. I don't think the removal of the voting right is in reality anything but a token stigma... but it's part of the punishment. If a person's desire is to rejoin society in a productive way... the path is available. It could/should also be something to be proud of once restored.

Do you really see an injustice here? Why is this issue on the table?

PkrBum wrote:I don't think the "harm" to society was ever the point... until now. By watering down I mean that the punishment is being watered down. Will the next step be no disenfranchisement? You may not think so now... but the issue progresses and that's the next logical step. Seagoat just see racism... of course... but the breaking of the societal bond is broken by the felon. I don't think the removal of the voting right is in reality anything but a token stigma... but it's part of the punishment. If a person's desire is to rejoin society in a productive way... the path is available.  It could/should also be something to be proud of once restored.

Do you really see an injustice here? Why is this issue on the table?

The effort to make everything as "easy as possible" for those who have broken the law results in nothing worth having. Like instant gratification in legalizing illegal immigrants they have no skin in the game and - and we wonder why assimilation is a thing of the past. Felons who served their sentence are given a path to regain voting rights. That's enough.

THE FACTS FOR ANYONE INTERESTED....

Ex-Felon Voting Rights
in Florida
Revised Rules of Executive Clemency That
Automatically Restore Civil Rights to
Level-1 Offenders Is the Right Policy
__________________________________________________________
August 2008
This is the work of the Florida Advisory Committee to the United States
Commission on Civil Rights. The views expressed in this report and the
findings and recommendations contained herein are those of the members of
the State Advisory Committee and do not necessarily represent the views of
the Commission, its individual members, or the policies of the United States
Government.

New Clemency Rules Give Automatic Restoration of
Civil Rights to Most Ex-Felons
Under the revised Rules of Executive Clemency, ex-offenders are automatically
reviewed by the Parole Commission to determine their eligibility for restoration of civil
rights without a hearing. Non-violent offenders who have completed all terms of their
sentence will have an executive order granting the restoration of their civil rights signed
by the Clemency Board without a hearing. Despite general support among public
officials for the rules change, some express reservations.

Non-Violent Offenders Have Civil Rights Restored
Automatically Upon Completion of Sentence
Under the new Rules of Executive Clemency, many ex-offenders will now have
their civil rights restored automatically by the Clemency Board without a hearing or the
need for petition. The Parole Commission operates as the investigative arm of the
Clemency Board. Under the new rules for clemency, when an ex-offender has completed
his or her sentence the Parole Commission automatically reviews the eligibility of the
person for his/her eligibility for restoration of civil rights. After review, the Parole
Commission places the ex -felons into on of three RCR categories.
LEVEL 1: Committed less severe offense
LEVEL 2: Committed severe offense except for murder or sex offense
LEVEL 3: Committed murder or sex offense62
Ex-felons given placed in Level-1 status are non-violent offenders, who are
eligible for automatic restoration of civil rights.
For persons categorized as Level-1 offenders, the Parole Commission begins the
process of automatic civil rights restoration. During this process the Parole Commission
acts to verify the following:
1. There are no outstanding detainers or pending criminal charges, or
terms of supervised release against the individual;
2. The individual owes no victim restitution, including, but not limited to,
restitution pursuant to a court order or civil judgment, or obligations;
3. The individual does not have a conviction for a capital or life felony;
and
4. The individual does not have a felony conviction or functional
equivalent in another jurisdiction involving any of the following:
(i) trafficking or conspiracy to traffic in a controlled substance; ;
(ii) crime described as a “dangerous crime” under Florida
Statutes;
(iii) declaration that the individual is a Habitual Violent Felony
Offender, a Three-time Violent Felony Offender, a Violent Career
Criminal, or a Prison Release Re-offender;
(iv) lewd, lascivious, indecent, or unnatural acts;
(v) crime that required registration under the Florida Sexual
Predators Act;
(vi) sexual battery;

62 Presentation by Parole Commission, “Restoration of Civil Rights,” Jul. 20, 2007.
18

(vii) battery, aggravated assault, or aggravated battery of a law
enforcement officer, firefighter, emergency medical care provider,
public transit employee or agent, or other specified officer;
(viii) DUI manslaughter or DUI resulting in serious bodily injury;
(ix) homicide;
(x) public corruption or violations of election laws;
(xi) crime committed by an elected official;
(xii) shooting or throwing missiles into or from a vehicle or
dwelling;
(xiii) leaving scene of accident with serious injury or death;
(xiv) false imprisonment; or
(xv) possession of a firearm by a convicted felon.63
Under the revised Rules of Executive Clemency, such individuals will now have
an executive order granting the restoration of their civil rights signed by the Clemency
Board without a hearing with a Restoration of Rights certificate issued and mailed to their
last known address.64

In other cases the Parole Commission will grant Level-2 status to ex-offenders
who have committed severe offenses. These individuals may also receive restoration of
their voting and other civil rights without the need for a hearing.65 Level-2 individuals
must undergo a mid-level investigation by the Parole Commission before having their
names submitted to the Clemency Board. The Clemency Board then has 30 days to
review the Parole Commission’s investigation findings and grant approval, in which case
a Restoration of Rights certificate is issued. If the Clemency Board does not grant
approval, a full hearing and investigation is required for restoration of civil rights. Level-
2 status is generally denied ex-offenders who have committed murder, sex offenses and
like crimes, but can be granted when the ex-offender has remained crime and arrest free
for 15 years.66

All other individuals not determined to be Level-1 or Level-2 must contact the
Office of Executive Clemency to begin the process for restoration of their civil rights, as
was the required procedure for all ex-felons prior to the revised rules. For these persons,
approval by the Clemency Board can only be obtained after full investigation and hearing
that includes a victim statement and Parole Commission recommendation.
It is to be noted, however, that the newly issued revised Rules of Executive
Clemency that automatically restore civil rights and voting rights to most felons upon
release from prison is only a procedural change. The rules change do not change the
state’s ex-felon disenfranchisement provision contained in the state’s Constitution, and in
that sense are not permanent changes. The Constitutional ban prohibiting persons
convicted of a felony from voting remains the law of the state.

63 Florida Parole Commission, New Process for Level 1 (automatic approval of RCR) at
http://fpc.state.fl.us/policies/ExecutiveClemency/newcrprocess.pdf (last accessed Feb. 10, 2008). 64 Florida Rules of Executive Clemency, Rule 9
65 Florida Rules of Executive Clemency, Rule 10A

http://www.usccr.gov/pubs/EX-FelonVRFL.pdf

As of March 2011...

Home | About Us | Contact Us

Rick Scott, Governor Florida Department of Corrections, Secretary Julie L. Jones
Florida Department of Corrections
Julie L. Jones, Secretary
HomeInstitutionsCommunity CorrectionsRe-EntryExplore DCOffender SearchPerformance DashboardStrategic PlanInmate Mortality New
Restoration of Civil Rights

STATE OF FLORIDA
RICK SCOTT, GOVERNOR, CHAIRMAN
PAM BONDI, ATTORNEY GENERAL Great Seal of the State of Florida JEFF ATWATER, CHIEF FINANCIAL OFFICER
ADAM PUTNAM, COMMISSIONER OF AGRICULTURE
JULIA McCALL, COORDINATOR
OFFICE OF EXECUTIVE CLEMENCY
4070 ESPLANADE WAY
TALLAHASSEE, FLORIDA 32399-2450
PHONE: (850) 488-2952
FAX: (850) 488-0695

RESTORATION OF CIVIL RIGHTS,
PARDONS, PARDONS WITHOUT FIREARM AUTHORITY, FIREARM AUTHORITY,
REMISSION OF FINES AND FORFEITURES
Effective March 9, 2011

UNDER THE FLORIDA CONSTITUTION, A CONVICTED FELON CANNOT VOTE, SERVE ON A JURY, OR HOLD PUBLIC OFFICE UNTIL CIVIL RIGHTS HAVE BEEN RESTORED

This information pertains to Restoration of Civil Rights and all other forms of clemency with the exception of Commutation of Sentence requests.  A Request for Review (Form 1502) must be completed for the Commutation of Sentence process. This application is available on our website, www.fcor.state.fl.us or you may request this application by calling our office at (850) 488-2952.

Restoration of Civil Rights cases are divided into two categories:  Without a Hearing (Rule 9.A.) and With a Hearing (Rule 10.A.) You may visit our website for more detailed information regarding the list of offenses that determine which category your case will be processed.

RESTORATION OF CIVIL RIGHTS WITHOUT A HEARING CASES: This type of investigation is designed to process less serious offenses and requires that 5 years have passed since the date of completion of all sentences and conditions of supervision imposed for all felony convictions, and you must remain crime and arrest free for 5 years prior to being reviewed by the Florida Commission on Offender Review.  You are also required to provide certified court documents for EACH felony conviction with the application before it will be entered into our system.  A certified court document is a copy of the original document on file with the applicable agency (Clerk of Court, State Attorney’s Office, Law Enforcement Agency, etc.) which bears the Clerk’s original signature and seal attesting that the document is a true and correct copy of the original. The court documents can be obtained from the Clerk of Court in the county where the offense occurred and consist of the charging document (often referred to as the State Attorney Information or Indictment), Judgment; and Sentence/Community Control/Probation Order.

RESTORATION OF CIVIL RIGHTS WITH A HEARING CASES:  This type of investigation is designed to process the more serious offenses and requires that 7 years have passed since the date of completion of all sentences and conditions of supervision imposed for all felony convictions. You are also required to provide certified court documents for EACH felony conviction with the application before it will be entered into our system.  The court documents can be obtained from the Clerk of Court in the county where the offense occurred as stated above.

During the investigative phase, the Executive Clemency Board will consider, but not be limited to, the following factors when determining whether to grant an applicant restoration of civil rights or other form of clemency.

The nature and circumstances of the offense,
Prior and subsequent criminal record, including traffic offenses,
Employment history
Mental health, drug or alcohol issues
Domestic violence issues
Letters submitted in support of, or in opposition to, the granting of executive clemency
The information this agency requests from you is necessary to provide the basic facts needed by the Clemency Board to make an informed judgment as to whether or not you should be granted Restoration
of Civil Rights or any other form of clemency. You are under no obligation to furnish any information.  
However, unless you do provide us with this information, we will be unable to provide complete information to the Clemency Board.

If your request requires a hearing, you will be scheduled to meet with an Examiner of the Florida Commission on Offender Review, who is assigned the investigative phase by the Clemency Board for an interview. This Examiner may also speak with individuals who have written character or reference letters, employers, and other individuals who may be able to provide relevant information concerning you.

If you are granted Restoration of Civil Rights based on the Without a Hearing investigation, you will be sent a Certificate of Restoration of Civil Rights to the address on file.

If the Clemency Board grants an application regarding a With A Hearing case, an Executive Order will be prepared, signed by the Clemency Board members, and a copy mailed to you.

PARDON OR PARDON WITHOUT FIREARM AUTHORITY; The Rules require that you must have completed all sentences imposed and all conditions of supervision have expired or been completed, for a period of no less than 10 years.  You may not have any outstanding detainers or pending charges, owe restitution, or have any pecuniary penalties or liabilities which total more than $1,000 and result from any criminal conviction or traffic infraction.  This form of clemency requires an in-depth interview with an Examiner of the Florida Commission on Offender Review.  Individuals convicted in a federal, military, or out-of-state court are not eligible to apply.  This form of clemency also requires certified copies of felony convictions for which you are requesting clemency. A certified court document is a copy of the original document on file with the applicable agency (Clerk of Court, State Attorney’s Office, Law Enforcement Agency, etc.) which bears the Clerk’s original signature and seal attesting that the document is a true and correct copy of the original. The court documents can be obtained from the Clerk of Court in the county where the offense occurred and consist of the charging document (often referred to as the State Attorney Information or Indictment), Judgment; and Sentence/Community Control/Probation Order.

FIREARM AUTHORITY:  The Rules require that you must have completed all sentences imposed and all conditions of supervision have expired or been completed, for a period of no less than 8 years.  You may not have any outstanding detainers or pending charges, owe restitution, or have any pecuniary penalties or liabilities which total more than $1,000 and result from any criminal conviction or traffic infraction.  This form of clemency requires an in-depth interview with an Examiner of the Florida Commission on Offender Review.  Individuals convicted in a federal, military, or out-of-state court are not eligible to apply. This form of clemency also requires certified copies of felony convictions for which you are requesting clemency.

ADDITIONAL INFORMATION:

You will not be eligible for any form of clemency if: you owe restitution, have pending criminal charges, or outstanding detainers or warrants.

You are not required to appear with an attorney.

The fact that your rights have been granted is public record.  Whether you have filed an application and the case is still pending investigation is not public information.  Executive clemency files are maintained to provide for the exercise of the Governor and Cabinet's Constitutional clemency power and are routinely made available to them, members of their staff and other officials concerned with these proceedings. The Governor is the only person who can release information regarding an individual’s clemency and can do so when required by law or to further the ends of justice.

All information submitted to the Office of Executive Clemency becomes the property of this office and will not be returned.  Keep copies of any paperwork you may need in the future.

Any eligible person who has been granted or denied any form of executive clemency may not apply for further executive clemency for at least 2 years from the date that such action became final.  A Request for Review of a Commutation of Sentence requires a 5 year waiting period before applying again.


Privacy Policy | Accessibility

http://www.dc.state.fl.us/restoration.html

Good to see you agree.

There is a path for Felons to vote in Florida.

othershoe1030 wrote:

Markle wrote:Good to see you agree.

There is a path for Felons to vote in Florida.

No, I think it should be automatic to reinstate voting rights.

Absolutely not.  Each must be taken on a case by case basis.

Your headline was a total lie.

Felons can't vote in Florida but in some states they can

Perhaps you would change your headline to be truthful?

I realize how offensive being truthful is to Progressives.