florida supreme court advisory opinion amendment 4

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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. This advisory opinion does not impact our ongoing federal litigation to secure the voting rights of hundreds of thousands of returning citizens. Civil Rights, Constitutional Law, Election and Voting Law, General. In failing to adopt a uniform, statewide rule for forgiving financial obligations, Florida arbitrarily disenfranchises ex-felons based on where they live,  Such arbitrary discrimination was forbidden by the United States Supreme Court in Bush v. Gore — another case concerning Florida elections — which held that states must adopt uniform rules in determining whose votes count. After Amendment 4’s passage, the Republican-controlled state legislature passed a law defining “completion of all terms of sentence” to include repayment of any financial obligations associated with the sentence. Seventeen ex-felons, the NAACP, and the League of Women Voters of Florida challenged this law in federal court in Kelvin Leon Jones v. Ron DeSantis. failed to demonstrate that voters knew court fees must be paid too. If it does, we are confident the federal courts will correct it. They sought a preliminary injunction to stop the bill from being implemented and alleged that the legislature had unconstitutionally deprived newly enfranchised citizens of their right to vote under the Fourteenth and Twenty-Fourth Amendments. PER CURIAM.

June 4, 2020 . This decision was based on a purely textualist analysis which interpreted the phrase “all terms of sentence including parole or probation” to encompass restitution, fines, and fees. January 16, 2020 . This has resulted in a skewed grant of clemency as courts in Democratic-leaning counties have instituted waiver programs while courts in Republican-leaning counties have not. By letter dated August 9, 2019, Governor Ron DeSantis requested the opinion of the justices of this Court as to the interpretation of a portion of the Although the court noted that Floridians for a Fair Democracy, Amendment 4’s sponsor, had stated that the ex-felons would have to repay fines and fees during the initial hearing on whether the amendment was fit for the ballot, it was careful to say that the sponsor’s intent did not influence the court’s opinion. 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. Florida cannot violate the U.S. Constitution’s protections. I Am a Newly Naturalized Citizen and Registered to Vote. Senate Bill 7066 violates these prohibitions, and nothing about the Florida Supreme Court’s opinion changes that. Here’s How. The ruling reads: [the amendment is] misleading because the meaning of the text of the ballot summary does not accurately describe the meaning of the Initiative’s text regarding the exemption." Joint Statement from ACLU National, ACLU of Florida, Brennan Center for Justice, NAACP LDF. Floridians voted to end lifetime voter disenfranchisement and to automatically restore voting rights to returning citizens in the state. 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. This deliberately constrained court proceeding — created by the governor — prevented the state court from hearing from the very people impacted by SB7066. In upholding the legislature’s flawed implementation of Amendment 4, the Florida Supreme Court unduly infringed on the voting rights of Black citizens and ex-felons living in Republican counties. The Florida Supreme Court’s advisory opinion does not — indeed, cannot — alter what the U.S. Constitution requires. Both the majority and Justice Labarga improperly relied on tools of interpretation adapted to understand legislation drafted and passed by professional legislators, not ordinary citizens. If it does, we are confident the federal courts will correct it. TALLAHASSEE, FL — The Florida Supreme Court’s advisory opinion does not — indeed, cannot — alter what the U.S. Constitution requires. They sought to end existing remnants of Florida’s disgraceful Jim Crow era, but the governor’s actions effectively uphold them. 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. The Supreme Court Rulings You’re Not Hearing About, The Law That Sent a Man to Prison for Life for Stealing a Pair of Hedge Clippers – and What Prosecutors Can do About It, Fight Racism and White Supremacy in Florida. Florida cannot violate the U.S. Constitution’s protections. 4 and fails to protect the voting rights of ex-felons. The Florida Supreme Court’s recent The Florida Supreme Court concluded that the phrase “all terms of sentence,” as used in Amendment 4, includes payment of LFOs imposed in conjunction with a felony conviction, but declined to define the word “completion.” For more information on the Governor’s request for an advisory opinion to the Florida Supreme Court, click here. This decision ignores the intent of Florida’s voters and disproportionately disenfranchises Black citizens and ex-felons in Republican counties. This  raises serious constitutional concerns that

Judge Hinkle left the task of interpreting the phrase “all terms of sentence” for the Florida Supreme Court since it involved questions of Florida state constitutional law, and as such, was not for federal courts to decide. RE: PROHIBITS POSSESSION OF DEFINED ASSAULT WEAPONS. SC19-1266 _____ ADVISORY OPINION TO THE ATTORNEY GENERAL . The Florida Supreme Court took that position in an advisory opinion for DeSantis and “I don’t think the Florida Supreme Court could have interpreted any other way,” Cooper said. However, he noted that Florida’s court fees might actually function as a tax on defendants because courts impose these assessments to generate revenue without tying the fees to a specific benefit since defendants pay regardless of whether they take advantage of the adjudicative process or plead guilty. 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. Everything you need to know about voting in Florida! This advisory opinion does not impact our ongoing federal litigation to secure the voting rights of hundreds of thousands of returning citizens. Such “poll taxes” misuse the government’s taxing power to restrict the right to vote and are expressly forbidden by the Twenty-Fourth Amendment, which was adopted in the wake of Jim Crow era poll taxes enacted to disenfranchise Black Americans. The Attorney General of Florida has requested this Court’s opinion as to the validity of a citizen initiative petition circulated pursuant to article XI, section 3 of A federal court has already held that the state cannot deny people the right to vote because of their inability to pay financial obligations. Voting by Mail is Easier and Safer Than You Think. 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. These financial obligations include fines, restitution to victims, and fees for using the court system, such as a $150 charge for using a public defender. Nearly 18% of Black citizens of voting age have a felony record, and imposing barriers on ex-felons’ ability to vote disproportionately excludes Black voters from the political process. Although the legislature allowed courts to waive ex-felons’ financial obligations on an individual basis, waivers are left to the discretion of courts.

Justice Labarga concurred in the result and dissented in part because he would have placed greater weight on the sponsor’s intent. TALLAHASSEE, Fla. — The Florida Supreme Court’s advisory opinion does not — indeed, cannot — alter what the U.S. Constitution requires. Attention to voters’ understanding of Amendment 4 is critical given the profound implications of the court’s decision. 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. 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. You have the power to vote for a candidate that speaks to you and your community’s values. They sought to end existing remnants of Florida’s disgraceful Jim Crow era, but the Governor’s actions effectively uphold them. In November 2018, Florida amended its state constitution to restore voting rights to nearly 1.5 million ex-felons “upon completion of all terms of [their] sentence including parole or probation.” The ballot initiative, known as “Amendment 4,” was organized by Floridians for a Fair Democracy and spearheaded by Desmond Meade, an Orlandoan who overcame a felony conviction and homelessness to graduate from law school — only to be denied the right to vote for his wife when she ran for the state legislature. 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.
important for direct ballot initiatives. PER CURIAM. The court held that Amendment 4 conditioned ex-felons’ right to vote on the repayment of financial obligations associated with their sentence. SC19-1341 _____ ADVISORY OPINION TO THE GOVERNOR RE: IMPLEMENTATION OF AMENDMENT 4, THE VOTING RESTORATION AMENDMENT. that reenfranchisement was conditioned on payment of fines and restitution, it Supreme Court of Florida _____ No. The court held that Amendment 4 conditioned ex-felons’ right to vote on the repayment of financial obligations associated with their sentence. who had not received the third-party voters’ guide. Nor did it account for the intent of voters This contrasts sharply with the usual process of granting clemency through the governor’s office, which offers individuals an equal chance of having their sentence waived regardless of where they live. Are You? 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.

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