felony voter franchise 2
belated 619
see voter suppression
see also felon disenfranchise
see legal suppression
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election integr pjt ca ~
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AN 10 23
A lingering legal battle that was poised to settle this summer, leading to a clearer pathway for tens of thousands of Tennesseans to restore their voting rights, has instead reignited into a contentious court fight with no certain outcome ahead of the next presidential election.
One in five Black voting-age Tennesseans lacks the right to vote due to a past criminal conviction — likely the highest rate of African-American disenfranchisement in the nation, according to the Sentencing Project. Overall, nearly 10% of the Tennessee electorate — 470,000 people — have lost their right to vote due to convictions.
In a lawsuit filed in December 2020, the Tennessee Conference of the NAACP and five residents denied the right to vote alleged Tennessee officials failed to follow state laws that allow individuals to legally restore their voting rights after serving their sentences and completing parole. Instead, the state implemented inaccessible and opaque processes that impede legal pathways for restoring rights, the lawsuit claimed.
Close to settling key claims in the case over the summer — potentially ahead of high profile local elections in Nashville, Memphis and for state office — attorneys for the state abruptly broke off talks in late July, catching lawyers for the NAACP by surprise, legal filings show. Then, on August 2, lawyers for the Tennessee Attorney General filed motions asking a judge to reject the claims entirely.
“The Elections Division, TDOC, and Governor’s office had the opportunity this summer to create accessible, transparent, and uniform procedures to allow the over 470,000 disenfranchised Tennesseans a fair shot at getting their voting rights restored and rejoining their communities as full citizens,” Blair Bowie, an attorney representing the NAACP with the DC-based Campaign Legal Center, said Friday.
“Instead, they blew up the voting rights restoration system entirely and imposed effectively permanent disenfranchisement on July 21,” she said.
A spokesperson for the Tennessee Attorney General did not respond to emailed questions on Friday.
The breakdown in the federal case came shortly after a June 29 ruling by the Tennessee Supreme Court against Ernest Falls, who was denied the right to vote in Tennessee in 2020 after receiving clemency in Virginia for a decades-old crime.
The Supreme Court ruled that Falls, also represented by the Campaign Legal Center, was required to show he had paid all outstanding court costs, restitution and child support obligations in Virginia to establish his voting rights — in addition to proof of the Virginia clemency.
Secretary of State Mark Goins then issued a memo that incorporated expanded requirements for all state residents seeking to restore their voting rights — regardless of where their conviction took place. In addition to the process of demonstrating they, too, had paid court costs and other financial obligations related to their crime, in-state residents must now show they also “have been pardoned by a Governor, U.S. President, or other appropriate authority of a state or have had their full rights of citizenship restored as prescribed by law.”
The memo wasn’t shared with attorneys for the NAACP who had been involved with them in settlement negotiations for months, legal filings said.
“Plaintiffs learned from publicreporting that Defendant Goins had that day issued guidance to county election officials changing his interpretation of the State’s requirements for individuals with felony convictions to restore their voting rights,” court records said.
In seeking a ruling dismissing major elements of the case, state lawyers have argued in motions for summary judgement that the five individuals names in the suit lack standing in court.
Tennessee does have a process in place for restoration of rights, one that provides a pathway to restoring rights while preserving election integrity, they argued.
“Tennessee does not reject all voter registration forms on which the applicant affirmed that they have a felony conviction,” the state’s filings said. “Moreover, Tennessee’s practice is rationally related to its legitimate interest in combatting voter fraud, safeguarding voter confidence, and ensuring accurate record keeping.”
The Sentencing Project’s national voting rights study found that that 3,415 Tennessee voting-age citizens have been granted Certificates of Restoration since 2016 — fewer than 1% of those with prior felony convictions estimated to be eligible to vote under Tennessee law.
The NAACP lawsuit argues that the current administration of voting right restoration certificates violate the U.S. Constitution’s due process and the equal protection rights.
Tennessee Lookout is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Tennessee Lookout maintains editorial independence. Contact Editor Holly McCall for questions: info@tennesseelookout.com. Follow Tennessee Lookout on Facebook and Twitter.
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note ilya shapiro legal shop
an 6 23 no lnx
'Invidious scheme': Supreme Court refuses to hear case challenging Mississippi 'Jim Crow' law
Maya Boddie June 30, 2023
The United States Supreme Court, on Friday, decided not to hear a case against a longtimeMississippi rule denying the right to vote to persons "convicted of certain felonies," CNN reports.
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Per the report, and according to critics, the state rule disproportionately impact Black voters.
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According to NBC, "The court's decision not to hear the case prompted a sharp dissenting opinion from liberal Justice Ketanji Brown Jackson, joined by fellow liberal Justice Sonia Sotomayor," who "contrasted the decision on Friday with the court's ruling a day earlier that" ended affirmative action.
READ MORE: Unequal Justice: The Supreme Court’s voting rights ruling is not as good as it seems
Furthermore, CNN notesboth justices "argued that the court had made 'clear and momentous errors.'"
Jackson wrote, "If the court viewed affirmative action as race discrimination, then the Mississippi measure must be seen similarly," adding, "So at the same time that the court undertakes to slay other giants, Mississippians can only hope they will not have to wait another century for another judicial knight-errant. Constitutional wrongs do not right themselves."
CNN reports:
The challengers in the case, Roy Harness and Kamal Karriem, are Black men in the state who have been convicted of forgery and embezzlement, respectively, and have served their time. They are currently barred from voting under state law – Section 241– because of their convictions. They argued that the law is tainted with racial animus.
NBC notes, "In asking the Supreme Court to weigh in, Harness and Kariem's lawyers point to the fact that the court in 1985 struck down a similar measure that was enacted in Alabama in 1901."
READ MORE: 10 years after Supreme Court gutted voting rights, advocates urge Congress to reverse damage
Backing the plaintiffs, the Legal Defense Fundfiled a brief that referred to the rule as a "Jim Crow law," according to CNN, that was put in place as a "deliberate and invidious scheme to disenfranchise Black People."
LDF's assistant counsel Patricia Okonta told the news outlet, "While the state is home to the highest percentage of Black Americans of any state in the country, it has not elected a Black person to statewide office since 1890."
The Guardian reports:
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Sixteen per cent of the Black voting age population remains blocked from casting a ballot, as well as 10% of the overall voting age population, according to an estimate by The Sentencing Project, a criminal justice non-profit.The state is about 38% Black, but Black people make up more than half of Mississippi’s disenfranchised population.
Harness and Karriem's attorney, former United States Solicitor General Donald B. Verrilli Jr., wrote, "Today, in 2022, many thousands of Mississippi's African American citizens are disfranchised by a provision that was enacted in 1890 to ensure 'a home government under the control of the white people of the State.'"
READ MORE: 'Jim Crow': Symone Sanders accuses Republicans of waging 'an all-out assault' on Black people
CNN's full report is available at this link. NBC's report is here. The Guardian's report is here.
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Supreme Court's conservatives deal historic blow to the Voting Rights Act's last remaining pillar ›
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A ‘return to Jim Crow’: Alexandria Ocasio-Cortez fears the US could cease to be a democracy ›
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https://www.alternet.org/2022/07/voter-fraud/
ProPublica
His last night as a prisoner in North Florida, Kelvin Bolton couldn’t sleep. Fifty-five years old, with a wispy goatee the same color as the gray flecks in his hair, he was about to get out after serving a 2 1/2-year sentence for theft and battery. The last time he’d seen his brothers and sisters at a big family gathering, he’d marched onto the dance floor ostentatiously, turned away and wrapped his arms around himself to caress his own back. As he swayed goofily to the music, everybody laughed.
Now Bolton was so close to being free and seeing his family again. The next morning, a bright Wednesday in April, he was already dressed in his street clothes and cleared to go when the woman processing his paperwork stopped him.
“The lady said, ‘Hold on, you can’t go anywhere,’” Bolton remembered in a recent phone call.
Confused, he asked her what was going on, he recalled. There was a warrant out for his arrest for incidents in 2020, she explained gruffly. But that was impossible. He’d been in jail at the time, awaiting his prison stint.
Guards loaded Bolton into a van, then drove an hour and a half south to deposit him in Alachua County Jail.
There, he found out what he’d done wrong.
He’d voted.
In 2018, Florida voters overwhelmingly passed Amendment 4, in a historic ballot initiative that restored the right to vote to most state residents with felony convictions. Until then, Florida had been one of only four states — the others were Iowa, Kentucky and Virginia — where people who had committed felonies needed to petition the governor to have their voting rights restored. It was a grim legacy of 19th-century laws passed after the 15th Amendment granted African American men the right to vote.
Supporters applauded the law as restoring voting rights to what experts estimate is over 1 million people in Florida, about 5% of the population of the state.
But the state’s dominant Republican lawmakers quickly installed a financial hurdle to those new rights. The following year, they passed a law to clarify that people convicted of felonies could only vote if they first paid off any money they owed for committing their crimes. The penalty for registering or voting without doing so: a felony charge for voter fraud.
On the surface, the mandate seemed reasonable: Even advocates for Amendment 4 agreed that requiring paying off fines and restitution to victims was just. In Florida, however, that task proved a sometimes insurmountable challenge — one that disproportionately hit Black people. Florida has no centralized database to allow people to figure out what legal financial obligations they owe to the state. Instead, its 67 counties and various state agencies each maintain their own databases. The state also does not track information for federal or out-of-state convictions, which people are also required to pay off before voting.
On top of the fines and restitution, Florida layers on court fees that can run into the hundreds of dollars. Together, a voter’s debt can run into the thousands, a financial hole that some may never climb out of.
“That’s kind of the bottom line of the absurdity of this — it’s Kafkaesque,” said Dan Smith, chair of the political science department at the University of Florida. “It’s very troubling that we would have state attorneys prosecuting individuals who did not know their status, and there was no way for them to determine their status.”
Florida’s voting hurdles are part of a national pattern. For years across the country, Republican state lawmakers have been implementing new restrictive voting laws, including reducing access to vote-by-mail ballots, stricter voter identification rules and limits on early voting. These efforts have accelerated since Donald Trump promoted the false claims that Joe Biden stole the 2020 presidential election. Democrats, meanwhile, have pushed to expand voting access.
Republican Gov. Ron DeSantis boasted that in 2020, Florida, a swing state with a history of contentious elections, “held the smoothest, most successful election of any state in the country,” while he also signed a flurry of voting law changes that he said would further strengthen the integrity of future votes. And DeSantis has tacitly endorsed prosecuting people convicted of felonies for voter fraud. In April, he signed a bill establishing the Office of Election Crimes and Security, which will investigate alleged election violations.
Despite the increased scrutiny, voting fraud remains so rare in Florida that it hasn’t come close to altering election outcomes. The Florida Department of State in 2020 received 262 election fraud complaints, just 75 of which were referred to law enforcement or prosecuting authorities, according to the agency.
“Florida is an outlier, because the intentional targeting of citizens with felony convictions as a way to undermine democracy has been a throughline in that state,” said Nicole Porter, senior director of advocacy for the Sentencing Project. “And the attempt to address that, by popular vote, has been undermined by the legislature.”
In 2020, a representative of the Alachua County Supervisor of Elections conducted a series of outreach efforts at the local county jail to let inmates know of their new rights and offer to help them add their names to the voter rolls.
During three visits to the jail, the official helped sign up at least 10 inmates, including John Boyd Rivers, Dedrick Baldwin and Bolton.
Rivers, 44, felt a visceral thrill at the prospect. Sitting in his cell in February 2020 facing a battery charge for hitting his wife, he was told by the county representative that he could register to vote. The official, he said, told him that he could disregard the check box on the form that asks whether the applicant has a felony conviction because he didn’t have a disqualifying felony. That seemed odd to Rivers, since he had a previous felony conviction. (He subsequently was sentenced for the battery charge.) No one told him anything about needing to pay off his financial obligations before registering to vote, Rivers said, and the jail didn’t give him an accounting of those debts when he was later released.
Back at home, Rivers was excited when his voter registration card arrived in the mail. He’d lost his right to vote at 18, he said, after voting just once. Now he could vote in a presidential election. He and his wife went to their polling place, and he cast his vote for Donald Trump.
Bolton, too, was excited to sign up. He also said no one told him he’d need to pay off his debts before casting his ballot. Although he registered as a Republican, he said he decided to vote for Biden.
In all, 10 of the men who the official helped register to vote have been charged with voter fraud on the grounds they were ineligible.
Their alleged illegal voting was first spotted by a citizen who analyzed Florida’s voting rolls and then shared the information with the state. The Florida Department of Law Enforcement subsequently launched an eight-month investigation, after which it identified the 10 inmates.
State investigators found that some jail employees remembered the elections official giving clear directions to inmates about having to pay off financial obligations, while others did not. The investigation concluded that the jail visits were “lacking in both quality and longevity” and “showed a haphazard registration of inmates.” But the state prosecutor nevertheless proceeded with charges, although not against county officials.
Officials at the Alachua Supervisor of Elections office declined to comment to ProPublica. But Supervisor of Elections Kim Barton denied any wrongdoing in a statement released in June.
Brian Kramer, the state attorney for the Eighth Judicial Circuit of Florida, defended his office’s prosecutions to ProPublica, saying he believed the 10 men knew they were committing fraud. “I’m not going to say I will prosecute or not prosecute because it’s politically popular or unpopular,” he said.
Four of the 10 have pleaded guilty and have been sentenced to between 364 days and three years in prison. Bolton and three others have vowed to go to trial, while the remaining two await arraignment. They face charges that carry a penalty of up to five years in prison, five years of probation or $5,000 in fines. Eight of the men are Black, and two are white.
Critics say the charges are unjust and, at a bare minimum, excessive. In nearby Lake County, the state prosecutor declined to bring charges against sex offenders who had registered to vote despite the law prohibiting voting rights restoration for those charged with sex offenses or murder. In April, two white men living in The Villages in Sumter County, an overwhelmingly white county in central Florida, pleaded guilty to each casting two ballots for Donald Trump during the 2020 election. Rather than face prosecution, they entered a pretrial intervention program, under which they must serve 50 hours of community service and attend an adult civics class, among other requirements. Because the men in Alachua County have prior felony convictions, they are ineligible for pretrial intervention and face harsher sentences.
“I’m thinking I’m doing something good for the community, so that’s why I chose to try to do it,” Bolton said. “It was not malicious — I was not trying to commit a felony of voting fraud. I never would have voted.”
Baldwin, 47, who is in prison on a manslaughter conviction, was sentenced to an additional 364 days. He felt “set up,” he said, since nobody told him he wasn’t eligible.
“There’s no way Biden was that important to me to vote for him,” he said in an email to ProPublica from prison. “We were flat out tricked into voting.”
The elections official who visited the jail denied telling the men that they could disregard the check box and said he warned them that they’d need to pay off their financial obligations, according to a person familiar with the matter who declined to be named because he feared reprisals. The elections official declined to comment to ProPublica on the record.
The voter fraud charges were especially bitter for Rivers. By the time they were filed, Rivers said, he had already used part of his federal stimulus check to pay off more than $3,000 in costs related to his criminal record so he could reinstate his driver’s license and return to work.
“I should have known there would be some kind of catch,” Rivers said.
Florida’s history of felon disenfranchisement dates back to 1838,when the state’s first constitution prohibited people convicted of bribery or assorted “high crimes and misdemeanors” from voting. After the Civil War, faced with the prospect of formerly enslaved Black men voting, the state expanded the law so that anyone convicted of a felony lost the franchise. But in 2018, 64% of Florida voters approved Amendment 4, allowing people convicted of felonies, except for murder or sexual offense convictions, to vote.
This embrace of new voters became more complicated the following year when the state legislature passed its law. It required that people convicted of felonies must determine their own eligibility before registering to vote. The Florida Department of Corrections and county detention facilities are required to provide notice to inmates at the time of their release of their outstanding financial obligations.
But it is unclear if all of the facilities do so.
Florida charges those convicted of crimes with an array of fines and fees, some of which statutorily cannot be eliminated or reduced. Defendants facing felony charges are assessed $100 to use a public defender, as well as a $100 prosecution fee. At least one person already sentenced in the Alachua County cases has been charged an additional $671 for his voting fraud charges on top of the financial obligations he already owed.
Finding out what someone owes is time-consuming and expensive. An analysis led by Traci Burch, a political science professor at Northwestern University, tried to determine the legal financial obligations owed by a random sample of 153 Florida residents convicted of felonies and found consistent information for only three of them. Counties often keep poor records, have cumbersome websites and employ unhelpful clerks.
What’s more, it can cost money merely to find out how much money you owe. Four in 10 Florida counties charged either a payment or processing fee to look at their databases, and 15% charged a fee to access certain records, according to Burch’s research.
In 2020, Smith, the Florida political scientist, estimated that just over 1 million people would be eligible to vote under Amendment 4. Of that number, about 77% had outstanding legal financial obligations, rendering them ineligible to vote under Florida’s new law until they paid their debts. Four out of five Floridians with felony convictions owed at least $500 in fines and fees, Smith’s analysis found. More than 59% owed more than $1,000.
The state legislature immediately disqualified about 750,000 people from being able to vote when it passed its law requiring people convicted of felonies to pay their debts first, Smith estimated. And the new law’s impact was felt much more harshly by Black people, who faced greater fines and fees: 26% of white Floridians with a felony conviction would be eligible to get their voting rights restored under the new requirement, but only 18% of Black people, according to Smith.
In May 2020, a district court judge ruled that parts of the law were unconstitutional and that the law had established a pay-to-vote system. The 11th Circuit Court of Appeals overturned the ruling the following September, saying it was in the state’s power to require the payoffs and the law didn’t violate people’s rights. The state Supreme Court has also issued an advisory opinion that deemed the law legitimate.
Unsurprisingly, the number of people with felony convictions who have registered to vote has fallen far short of what supporters hoped. More than 85,000 such people registered in Florida ahead of the 2020 election.
Supporters of the law say that it’s only fair to have people fulfill their full sentences, including paying any crime-related debts. Some state attorneys, including Kramer, the attorney prosecuting the Alachua cases, have also developed processes within their jurisdictions by which people with felony convictions can verify their voting eligibility or request to reduce their fines and fees.
Felons who have not yet registered to vote can also appeal to the state to have certain fees reduced or eliminated, said Republican State Sen. Jeff Brandes, the sponsor of the law demanding the payoffs before voting rights restoration.
“We truly believe there are people who are indigent that will just simply never be able to pay,” he said. “The court only collects a fraction of what is given out anyways. And so there should be a way for the state to grant some grace or for the court to grant some grace and provide people flexibility.”
Kelvin Bolton has been sitting in the Alachua Council Jail since April, waiting for his case to proceed.
He’s been in and out of the system since he was 16, piling up a long record of mostly nonviolent crimes, most recently for stealing a car, groping a woman in a store and taking cigarettes from a Dollar General.
He aims this time to keep a vow he made to his family and himself to stay straight. He said he is frustrated that the prosecutor subsequently created a program for people convicted of felonies to check their voting eligibility while he and the others are still facing charges.
“Why would they want to keep charging us for something that they’re in the wrong for?” he said. “The state is in the wrong for what they did to us.”
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[https://www.alternet.org/2020/10/ron-desantis-administration-urged-election-officials-to-remove-felons-from-florida-voter-rolls-for-unpaid-fines-and-civil-libertarians-are-speaking-out-report/](===
https://www.alternet.org/2020/10/ron-desantis-administration-urged-election-officials-to-remove-felons-from-florida-voter-rolls-for-unpaid-fines-and-civil-libertarians-are-speaking-out-report/)
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https://www.alternet.org/2020/09/transparent-political-ploy-florida-attorney-general-asks-fbi-to-investigate-bloombergs-efforts-to-restore-felon-voting-rights/
florida Attorney General Ashley Moody, a Republican, has asked the FBI and the state’s Department of Law Enforcement to investigate former New York Mayor Michael Bloomberg‘s efforts to help felons in the state regain their voting rights by paying their court fees, citing “potential violations of election laws.”
Bloomberg has over the last week raised more than $16 million from individuals and private organizations, which he said would go towards paying down fines and fees for nearly 32,000 Black and Latinx Florida voters with felony records. A controversial Florida law forbids former felons from voting unless and until they pay off all money they owe the courts or other legal parties. Critics have called it a “modern day poll tax.”
Florida attorney general Ashley Moody said in the letter that the office of Republican Gov. Ron DeSantis had asked her to look into the issue, CNN reported Wednesday.
“After preliminarily reviewing this limited public information and law, it appears further investigation is warranted,” Moody wrote in a letter to the agencies....
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dn 920
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DN 9/15/20 McConn flip 11th district so vote down felony re-enfranchise (fees = poll tax); 8 more judges this week
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mofo:
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voter felon suppression 2020, pal of ginni and jok?
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Cash matters, but O’Keefe’s personal connectionsare where the depth and seamlessness of this coordination with the Republican Party become truly apparent. They also offer a glimpse into the vast network that has formed to suppress the vote this fall—a network years in the making, of which Project Veritas is but a humble node.
Take litigator William Consovoy, the legal point man on many of the conservative-funded election integrity cases pursued during the Trump era. He is, like O’Keefe, a New Jersey native with a long history in local Republican politics. A former law clerk for Clarence Thomas, Consovoy is also reportedly a friend of Federalist Society Executive Vice President Leonard Leo, whose nephew David Maxham has been a friend of O’Keefe’s since their undergraduate years at Rutgers. (Maxham, naturally, was also invited to O’Keefe’s wedding.)
This year, Leonard Leo has stepped aside from day-to-day management of the Federalist Society to run a new conservative donor group, CRC Advisors, that is pouring money into Consovoy’s legal challenges in key battleground states across the country. CRC has been steering money into something called the “Honest Elections Project,” a fictitious name filed in Virginia for Leo’s old group the Judicial Education Project,now officially called the 85 Fund. As The Guardian reported, 99 percent of the Judicial Education Project’s funding in 2018 was a single $7.8 million donation funneled through Donors Trust.guk?
With generous assistance from the Honest Elections Project and the RNC, Consovoy’s firm Consovoy McCarthy PLLC has recently brought cases against the re-enfranchising of felons in Florida and sued to block California’s plans to deliver absentee ballots to all of the state’s registered voters. Consovoy has contributed to related motions filed in Pennsylvania, Wisconsin, Nevada, Michigan, and Texas, where Ken Paxton’s victory against mail-in voting in May earned praise from President Trump on Twitter.
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https://www.alternet.org/2020/08/this-is-a-big-deal-iowa-governor-ends-voting-ban-for-people-with-felony-convictions/
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https://www.alternet.org/2020/08/this-is-a-big-deal-iowa-governor-ends-voting-ban-for-people-with-felony-convictions/
no lnx twt
in a development heralded as “a historic sea change,” Iowa Gov. Kim Reynolds signed an executive order on Wednesday overturning the state’s policy of permanently banning those with felony convictions from voting.
“Today we take a significant step forward in acknowledging the importance of redemption, second chances, and the need to address inequalities in our justice system,” said Reynolds, a Republican, whose order (pdf) is expected to restore voting rights to roughly 40,000 people.
Vanita Gupta, president and CEO of The Leadership Conference on Civil and Human Rights, welcomed the order.
“This is a big deal,” Gupta tweeted. “Iowa was the last remaining state that permanently and categorically banned people with former convictions from voting.”
Previously, those who’d completed felony sentences had to individually appeal to the governor for possible re-enfranchisement.
Eliza Sweren-Becke, voting rights and elections counsel at the Brennan Center for Justice, responded similarly to the order, tweeting, “This is a HUGE—now NO state in the country has a policy of permanently and categorically banning people from voting because of past convictions—a historic sea change.”
The change is also good news for racial justice.
“This action will benefit people regardless of race or ethnicity, but with the grave racial disparities in our criminal justice system, it will very significantly benefit African Americans and other people of color,” Betty C. Andrews, president of the Iowa-Nebraska NAACP, said in a statement.
As KPBS reported:
Reynolds’ order restores voting rights to felons who have completed their sentence, including probation, parole, and special sentences that are associated with sex offenses. Reynolds’ order does not require payment of victim restitution or any other fines or fees as a condition of being able to vote, a point of contention in Florida that has been caught up in court.
The order doesn’t cover those convicted of felony homicide offenses—an exclusion lamented by ACLU of Iowa executive director Mark Stringer, who said his group would “continue to work to ensure that all Iowans who have completed their sentences can once again participate in the democracy that so profoundly affects them.”
Voting rights advocates also recognized that Wednesday’s win could be easily yanked away—they saw that happen in 2011 when then-Gov. Terry Branstad rescinded a 2005 executive order that had restored voting rights to Iowans who had completed sentences for felony convictions.
As such, said Stringer, “it’s important that we continue to pursue a more permanent fix to the problem of felony disenfranchisement in our state. Another governor could issue a different executive order to reverse this current executive order.”
“That’s why we’ll continue to advocate for an amendment to the Iowa Constitution,”he said.
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https://www.alternet.org/2020/06/voting-rights-roundup-court-axes-florida-gops-poll-tax-restoring-voting-rights-to-roughly-775000/
kos
lorida: In a historic victory against Republican voter suppression, a federal district court struck down a law that Republicans passed to impose a modern-day poll tax that disenfranchised would-be voters who had served their felony sentences but still owed court fines and fees. The judge ruled that the law established a “tax by any other name” in violation of the 24th Amendment’s ban on disenfranchising voters “by reason of failure to pay any poll tax or other tax.” The court’s decision means that hundreds of thousands of disproportionately Black voters will regain the right to vote.
Republicans passed their law last year after voters amended Florida’s constitution in 2018 to end lifetime voter disenfranchisement for up to 1.4 million people who had served out sentences for all but the most serious crimes. An expert witness for the plaintiffs estimated that 775,000 citizens would be unable to pay the poll tax, in large part because Florida levies onerous fines to fund its court system. The court noted, for instance, that one county charges a minimum of $668 for a public defender—and $548 even for defendants who forgo one. Furthermore, 43% of the disenfranchised are Black, roughly three times the African American share of the state’s overall adult population.
Before voters passed the 2018 initiative, Florida disenfranchised 1 in 10 adults, the highest proportion of any state, including 1 in 5 Black adults—five times the rate of white adults in Florida. This racial discrimination was no accident, either, since Florida’s lifetime voting ban was a product of the Jim Crow era.
In striking down the poll tax, the court’s ruling means that it’s unconstitutional to condition voting rights upon the payment of court fees and costs. While requiring the payment of fines and restitution to victims can be constitutional in certain instances, the court said, it’s unconstitutional when applied to citizens who are genuinely unable to pay the costs or who owe an amount that cannot be determined.
indeed, the state effectively makes it impossible for many voters to even find out the exact amount owed because Florida lacks adequate records. In light of that situation, the court ordered Florida officials to tell all of the affected citizens whether they’re eligible to vote. Would-be voters can request an advisory opinion on their eligibility from the secretary of state that must detail the exact amount owed, and they must be allowed to register in the meantime if they don’t hear back within 21 days. Voters also won’t face perjury charges for registering through this process, something that had chilled registration drives before the court ruling.
Florida Republicans have vowed to appeal to the 11th Circuit Court of Appeals, but they may not have much success: The 11th Circuit refused to reverse the lower court’s previous ruling that had blocked the poll tax from being enforced on the particular plaintiffs party to the case, a decision that relied on reasoning similar to this latest one. However, it appears likely that this litigation will ultimately end up before the U.S. Supreme Court, particularly since 10 states have similar financial requirements and 30 states impose such requirements in at least some cases.
Furthermore, Florida’s conservative-dominated state Supreme Court issued an advisory opinionin January holding that the constitutional amendment does in fact require the payment of fines and fees, even though its text makes no mention of them. While that ruling is not binding, it could be a signal that the state court could strike down the entire amendment if the federal court ruling limiting the new requirement survives.
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federal judge demolishes Florida law barring felons from voting — rules it a ‘poll tax’
Hunter / Daily KosMay 25, 2020
In a Sunday order, a federal judge has struck down in large part the Florida state law passed by Republicans that denied felons the restoration of their voting rights if they had…
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bondi [-->trump admin?]
Among her many notable Trump-like activities, Pam was active in taking steps to make it more difficult for voting rights to be restored to Florida ex-felons, repeatedly appealed federal court rulings against same-sex marriage bans until the U.S. Supreme Court definitively invalidated such prohibitions, and joined a lawsuit opposing the clean-up of the Chesapeake Bay, a bay that is several hundred miles from Tallahassee.
Another notable act occurred when she was running for reelection as attorney general for the state of Florida. Marshall Lee Gore had been sentenced to death in Florida following his conviction for a vicious murder and rape. His execution was twice postponed but finally scheduled for September 10, 2014. It turned out that was the date that Pam, who was running for re-election, had scheduled her “hometown campaign kickoff” at her South Tampa home. Understandably, she did not want an execution to take away from the excitement of her day. Accordingly, she asked the governor’s office to postpone the execution. Her request was granted. Mr. Scott was put to death October 1, 2014. Ms. Bondi’s fundraiser went off without a hitch. She was reelected to a second term as attorney general of Florida the following month.
Pam is a great addition to the Trump defense team. She will have no trouble fitting in. Trump, if no one else, should be grateful for her participation.
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1219
NJ Restores Voting Rights to Residents on Probation or Parole
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https://www.democracynow.org/2018/3/13/state_election_leaders_to_senate_armed
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1/18 commission disbands, but work goes on
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https://www.alternet.org/election-03918/florida-felon-voting-rights-restoration-campaign-threshold-getting-november-2018
A grassroots campaign to amend Florida’s constitution to restore the voting rights of upwards of 1.5 million Floridians who have been convicted of non-violent felonies and completed their sentences is poised to qualify for the November 2018 ballot.
By Wednesday, the Florida Department of State has certified more than 745,000 petition signatures of the 766,000 needed to get on the ballot. The proposed constitutional amendment also has to meet signature thresholds in 14 legislative districts and has done so in 12 of them, campaign organizers said.
“In total, we submitted well over 1.1 million petitions to the supervisors of elections offices all across the state, from Pensacola to Key West,” campaign manager Jackie Lee said on a conference call Tuesday. “And all the petitions, we think, where we needed to verify, were also all in by December 29th, to ensure that we could make the ballot. We all know they needed to be verified by February first. So because of all of your hard work, we had them in on time. We’re... actually even excited to submit a couple right after that date because they kept on coming in from all around the state.”
The felon rights restoration effort is one of America’s most important electoral initiatives in 2018. More than 10 percent of Florida’s voting-age population, 1.7 million residents, have lost their voting rights under the nation’s most punitive felon disenfranchisement law—a statute that has its roots in the Old South’s racist Jim Crow culture.
“This amendment restores the voting rights of Floridians with felony convictions after they complete all terms of their sentence including parole or probation,” the legal petition states. “The amendment would not apply to those convicted of murder or sexual offenses, who would continue to be permanently barred from voting unless the governor and cabinet vote to restore their voting rights on a case-by-case basis.”
Florida is the third most populous state, with slightly more than 20 million people. In 2016, Donald Trump beat Hillary Clinton by 1.2 percent, which was slightly less than 113,000 votes, to win its 29 Electoral College votes. Should 60 percent of Floridians—the threshold for passage—who vote next fall approve the constitutional amendment, it could deeply alter the state’s politics as well as its criminal justice system.
The campaign’s organizers, led by Desmond Meade, a former felon who became a lawyer, are casting their effort as a redemption-steeped crusade to give a second chance to all of those who have done their time for non-violent crimes. In a teleconference organized by Floridians for a Fair Democracy Tuesday, he repeatedly emphasized this was a moral crusade and avoided any discussion of the political consequences.
“I want to make sure we are oriented right back where we started from,” Meade told the 150 activists, including clergy, on the call. “When each and every one of you made a decision to be involved in this campaign, it was based around people. It was based around the personal stories of your family members and your friends who were looking for second chances in Florida. And I think it is this orientation that has not only gotten us this far, but will take [us] across this finish line. It’s not about anything else. It’s not about politics. At the core of this, it’s about everyday all-American citizens, who just want a second chance.”
Meade’s framing, which reflects his life story, has resounded because Florida has so many ex-felons who cut across society. Only 30 percent are black, campaign organizers said, and a great many were victims of overzealous drug war prosecutions. Evidence of that deep resonance can be found in the fact that nearly a quarter-million of the petition signatures gathered were collected from volunteers, not paid circulators.
“We are very confident with moving forward with the campaign,” said Lee. “As of right now before the call, we are at 745,000 verified of the 766,200 that we need. So we are approaching that overall number and we are also verified in 12 of the 14 [legislative] districts that we need. So we are marching forward.”
Emphasizing Redemption, Not Political Power
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https://www.alternet.org/2019/09/secret-files-reveal-how-north-carolina-gop-operative-helped-systematically-stopped-black-people-and-students-from-voting
no lnx
Secret files reveal how North Carolina GOP operative helped systematically stopped black people and students from voting
Written by Igor Derysh / Salon September 11, 2019
Secret files found on a longtime Republican operative’s computer after his death revealed that he compiled racial data to help his party draw new political maps and impose voter ID laws.
Thomas Hofeller, who is considered the master of modern gerrymandering, left behind at least 70,000 files that were found by his estranged daughter after his death in August 2018. Some of those files have already been used to successfully challenge North Carolina’s gerrymander and the Trump administration’s plan to add a citizenship question to the census, which Hofeller argued would help “Republicans and non-Hispanic whites.”
More files, obtained by former Salon editor David Daley at The New Yorker, show that Hofeller and his race research played a key role in Republican gerrymandering efforts in North Carolina and other states, as well as other efforts intended to make it harder for African-Americans and college students to vote.
Though North Carolina Republicans have argued that their maps discriminate based on partisanship and not race, Hofeller’s files show that he compiled maps with overlays of the black voting-age population by district, suggesting that racial data was a key part of the gerrymander, which is at the center of a years-long legal battle.
The files contradict claims Republicans have long used to defend their maps in court. Republicans had long denied that a congressional-district line that cuts right down the middle of the largest historically black college in the United States, North Carolina A&T State University, was intentionally drawn to dilute the black vote, even though it effectively guaranteed two Republican districts. But Hofeller’s files show that the effort clearly focused on the race of students.
Hofeller created “giant databases that detailed the racial makeup, voting patterns, and residence halls of more than a thousand North Carolina A&T students,” Daley reported. “He also collected similar data that tracked the race, voting patterns, and addresses of tens of thousands of other North Carolina college students. Some spreadsheets have more than fifty different fields with precise racial, gender, and geographic details on thousands of college voters.”
A spreadsheet found on Hofeller’s computer shows that the operative sorted students by the residence halls they lived in along with racial data and voting status information.
Hofeller also had dozens of “intensely detailed studies” of the racial makeup of North Carolina college students that was cross-referenced with driver’s license files to determine whether these students likely had a proper ID to vote, according to the report.
Emails on his computer also show that Hofeller billed North Carolina Republicans tens of thousands of dollars for his work. Federal Election Commission filings also show that the national Republican Party paid Hofeller more than $2 million for his work.
Other files show that Hofeller, a key player in the Trump administration’s push to add a citizenship question to the census, compiled data on the citizen voting-age population in North Carolina, Texas, Arizona and other states going back to 2011. In memos, Hofeller argued that drawing maps based on the number of citizens rather than the population would “clearly be a disadvantage to the Democrats” and help “non-Hispanic whites.”
Hofeller also submitted memos to the Trump administration urging them to justify the census question with the dubious argument that it was necessary to enforce the Voting Rights Act. The New Yorker report shows that he also worked for a Massachusetts Republican who wanted to use the Voting Rights Act to turn Boston into a single district, so Republicans could contend for suburban Massachusetts congressional seats. Though Hofeller’s efforts were unsuccessful in Massachusetts, the files show he also compiled data on states like Virginia, Mississippi and Alabama.
Emails found on Hofeller’s computer also show that he advised top Republicans in Florida on gerrymandering effort, despite a state constitutional amendment that bars partisan gerrymandering. Florida officials have denied that Hofeller played any official role in the effort but a state judge later ruled that the Republicans “conducted a stealth redistricting operation that snuck partisan maps into the public process and made a ‘mockery’ of the state’s constitutional amendments,” The New Yorker reported.
The files show that Hofeller also traveled around the country to educate Republicans about redistricting and urged them to push for prison gerrymandering, which allows inmates to be counted as residents of the area where the prison is located, often helping Republican lawmakers.
Hofeller’s emails also show that he grew concerned that his maps would be undone by the anti-Trump wave that followed his election.
“Meanwhile the GOP continues to bury its collective heads in the sand or in other higher places. Trump is only a product to this stupidity,” he wrote to a Republican consultant in 2016. “Do not worry about us in North Carolina in terms of redistricting. Even in the coming political bloodbath we should still maintain majority control of the General Assembly. The Governor cannot veto a redistricting map, so the Democrats hope is that the Obamista judiciary will come to their rescue.”
Last week, a North Carolina court struck down the state’s legislative maps that Hofeller helped create, ruling that they violated the Constitution. The new map had been drawn after the Supreme Court struck down North Carolina’s previous map as a racial gerrymander.
The court ruled that Hofeller’s maps “deliberately minimized the effectiveness of the votes of citizens with whom they disagree,” arguing that the map amounted to “viewpoint discrimination” against Democrats and an effort to “retaliate against voters” for voting for Democrats.
The court said that the files on Hofeller’s computer showed evidence of “predominant focus on maximizing Republican partisan advantage in creating the 2017 Plans.”
“The evidence establishes that Dr. Hofeller drew the 2017 Plans very precisely to create as many ‘safe’ Republican districts as possible, so that Republicans would maintain their supermajorities, or at least majorities even in a strong election year for Democrats,” the court said. “Hofeller drew the maps with an intent to preserve Republicans’ control of the House and Senate.”
The court gave state lawmakers two weeks to draw nonpartisan maps. Republicans have sued to try to get a court to seal or destroy the files, arguing that they should remain confidential because they were obtained from his daughter and not from him.
The files could be a treasure trove for voting rights groups as they seek to challenge years of Republican efforts to gerrymander districts in order to gain an unfair advantage, as well as to impose voter ID laws to make it harder for certain populations to vote.
“We’ve already seen that these files have been instrumental in exposing lies around the effort to add a citizenship question to the census and around subverting a court’s order to redraw gerrymandered lines,” Kathay Feng, the national redistricting director of Common Cause, told The New York Times. “The Hofeller files are important because they’re the only thing that will allow the American people to know the truth behind the efforts to rig redistricting and elections.”
The files show only a fraction of the work Hofeller did, which stretches back to the 1980s. Files obtained by The New Yorker show that Hofeller continued to work to help Republicans even after he was diagnosed with lung cancer.
“I still have time to bedevil the Democrats with more redistricting plans before I exit,” he wrote to a friend. “Look my name up on the Internet and you can follow the damage.”
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619 book tv felony voting in fla? ctr-attack by gop, must pay fees
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