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appalachiablue

(41,182 posts)
Thu Jan 16, 2020, 09:09 PM Jan 2020

Florida Supreme Court Rules People With Felony Convictions Must Pay Off All Fines And Fees Before Vo

Source: Orlando Weekly

Siding with Gov. Ron DeSantis, the Florida Supreme Court decided Thursday that a state law requiring payment of “legal financial obligations” properly carried out a constitutional amendment restoring voting rights to felons who have completed their sentences.

DeSantis asked the court for what is known as an “advisory opinion” in the midst of a federal lawsuit challenging the law, which was approved by the Republican-dominated Legislature and signed by the governor last spring.

The amendment’s “use of the broad phrase ‘all terms of sentence’ can only reasonably be understood to similarly encompass ‘the ultimate sanctions imposed,’ including ‘costs.’ Or in the words of the sponsor’s counsel, the phrase encompasses ‘all obligations’ or ‘all matters,’ ” the court decided Thursday.

More than 71 percent of Floridians supported what appeared on the November 2018 ballot as Amendment 4, which granted voting-rights restoration to felons “who have completed all terms of their sentence, including parole or probation,” excluding people “convicted of murder or a felony sexual offense.”...


Read more: https://www.orlandoweekly.com/Blogs/archives/2020/01/16/florida-supreme-court-rules-people-with-felony-convictions-must-pay-off-all-fines-and-fees-before-voting



It's 2020 And Florida's Supreme Court Just Ruled In Favor Of A Poll Tax
https://www.commondreams.org/news/2020/01/16/its-2020-and-floridas-supreme-court-just-ruled-favor-poll-tax



Campaign for rights restoration activists.
19 replies = new reply since forum marked as read
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Florida Supreme Court Rules People With Felony Convictions Must Pay Off All Fines And Fees Before Vo (Original Post) appalachiablue Jan 2020 OP
pay to poll Marthe48 Jan 2020 #1
Except poll taxes are unconstitutional BuffaloJackalope Jan 2020 #18
A good initiative beaten by it's own wording Jake Stern Jan 2020 #2
Floridians, how does it feel to live in a banana republic? RhodeIslandOne Jan 2020 #3
The amendment's drafters fucked it up Jake Stern Jan 2020 #11
The Florida Supreme Court correctly answered the question it was asked. Massacure Jan 2020 #4
Constitutional question Midnightwalk Jan 2020 #5
Every day. 24/7/365 the forces of racism, division, hatred PatrickforO Jan 2020 #6
A poll tax? In the 21st century? tclambert Jan 2020 #7
"A poll tax?" Nope. Mind you I do not agree with the law as its a significant barrier but its cstanleytech Jan 2020 #13
That... sounds reasonable sakabatou Jan 2020 #16
Seems like a good use of Bloomberg's money, you ask me greenjar_01 Jan 2020 #8
I was just thinking this... Johnyawl Jan 2020 #10
Hope that someone sets up a site to pay off the debts... KSNY Jan 2020 #9
This is effed up. Phoenix61 Jan 2020 #12
I hope it's challenged, may go to the SCOTUS. YOHABLO Jan 2020 #14
That sounds like a poll tax to me sakabatou Jan 2020 #15
Didn't Rachel Maddow cover this and make the observation that... NeoGreen Jan 2020 #17
That would essentially mean that the court will cease charging anymore fines and fees moving forward MichMan Jan 2020 #19

Marthe48

(17,047 posts)
1. pay to poll
Thu Jan 16, 2020, 09:16 PM
Jan 2020

I got a water bill today, which shows I owe about $3 from the last bill, plus what I owe for this cycle. I looked the old bill up, and I paid exactly what it showed I owed. I think a clerical error printed the previous bill or something like that. So if people who 'owe' money to Florida, who's to say the amount is going to be 100% accurate? The state demands payment, the state determines the bill. You pay or you don't vote. Really?

Jake Stern

(3,145 posts)
2. A good initiative beaten by it's own wording
Thu Jan 16, 2020, 09:28 PM
Jan 2020

Future amendment sponsors take note: parse your words very, very carefully because opponents just might have lawyers whose only job is to find loopholes. Don't use overly broad language such as "all terms of sentence". If you want to exclude fines and fees then you should write the initiative to explicitly exclude fines and fees.

 

RhodeIslandOne

(5,042 posts)
3. Floridians, how does it feel to live in a banana republic?
Thu Jan 16, 2020, 09:32 PM
Jan 2020

Your elections are rigged, you have a klan member as governor....the judiciary is fucked.

Jake Stern

(3,145 posts)
11. The amendment's drafters fucked it up
Thu Jan 16, 2020, 11:48 PM
Jan 2020

The court relied heavily on the statements concerning what is meant by “all terms of sentence “ made by the sponsors own counsel during a prior hearing in making this ruling.

On top of that the wording of the amendment is pretty damn clear: “all terms of sentence”. That seems to include fines and fees that are handed down part of a sentence. They did not specify that only the custodial portion of a sentence must be completed before voting rights are restored.

Like it or not the court made the proper call on this based on what’s in front of them.

The drafters can try to amend it to exclude fines and fees.

Massacure

(7,526 posts)
4. The Florida Supreme Court correctly answered the question it was asked.
Thu Jan 16, 2020, 09:33 PM
Jan 2020

When you ask if a fine and restitution is part of the sentence, the obvious answer to the question is yes. Whether this serves as a unconstitutional poll tax is a much pertinent question.

Midnightwalk

(3,131 posts)
5. Constitutional question
Thu Jan 16, 2020, 09:36 PM
Jan 2020
excluding people “convicted of murder or a felony sexual offense.


Is that legitimate? Would it be constitutional to allow people convicted of say white collar crimes to vote and exclude people who committed other kinds of theft that poor people are more likely to commit?

Section 1 of the 13th amendment allows for treating convicts differently.

Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.


But it isn’t clear whether you can make distinctions based on the type of crime.

Is this likely to go to the us supreme court?

PatrickforO

(14,595 posts)
6. Every day. 24/7/365 the forces of racism, division, hatred
Thu Jan 16, 2020, 09:39 PM
Jan 2020

and capitalist greed think up new ways to screw us over. There's never a break.

But we cannot give up. Every single day all of us need to fight back. New initiatives, writing, participating in local politics and events, talking to friends and neighbors.

You know why?

Because there are a boatload more of us than there are of them. All they have on their side is stuff like this. We have numbers, and if enough Americans are educated about what is happening, the landslide will be so massive that cheating will be impossible. Then those who walk into office can and should level the playing field.

tclambert

(11,087 posts)
7. A poll tax? In the 21st century?
Thu Jan 16, 2020, 09:58 PM
Jan 2020

Don't you just hate it when time travelers from the past try to poison modern politics?

cstanleytech

(26,334 posts)
13. "A poll tax?" Nope. Mind you I do not agree with the law as its a significant barrier but its
Fri Jan 17, 2020, 12:31 AM
Jan 2020

only a barrier to those that have broken the law and been sentenced in court.
What needs to be done is the law needs to be rewritten to allow people to vote regardless of the money they owe for fines and fees due to a sentence that they were handed as long as they have completed serving any prison time that they were sentenced to.

Johnyawl

(3,205 posts)
10. I was just thinking this...
Thu Jan 16, 2020, 11:35 PM
Jan 2020

...Bloomberg, Steyer, Soros. What better use for their money? Set up a foundation, ask for donations (I'd give) and start paying off these fines and restitution.

Hire some attorneys and wait to see what the republicans come up with next to suppress the vote.

KSNY

(315 posts)
9. Hope that someone sets up a site to pay off the debts...
Thu Jan 16, 2020, 11:07 PM
Jan 2020

I'd donate so that formerly incarcerated people can vote.

Phoenix61

(17,021 posts)
12. This is effed up.
Fri Jan 17, 2020, 12:18 AM
Jan 2020

The work around is judges convert fees etc to community service. It’s already happened in several places.

NeoGreen

(4,031 posts)
17. Didn't Rachel Maddow cover this and make the observation that...
Fri Jan 17, 2020, 09:22 AM
Jan 2020

...'blue" counties in Florida have set up 'rocket dockets' to dismiss all outstanding fee/fines of their local ex-felons, while the 'red' counties are not, and thus the net effect of this ruling is that blue counties are increasing their voter populations while red counties are not.

MichMan

(11,999 posts)
19. That would essentially mean that the court will cease charging anymore fines and fees moving forward
Fri Jan 17, 2020, 07:41 PM
Jan 2020

If upon release, any fines or fees immediately get waived, there is no longer any reason to assess them any longer.


Wonder if that also includes any owed restitution to victims?

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