Federal Judge Rules Florida Clemency Process UNCONSTITUTIONAL
Florida is one of only four states which permanently disenfranchise felons. It is estimated that 1.5 Million Floridians have been stripped of their right to vote and one in five African Americans in the state can’t vote. The process to get voting rights restored is arbitrary, prolonged, unfair, subject to the whim of the Governor and his partisan cronies and as a Federal Court Judge for the Northern District of Florida decided yesterday; unconstitutional.
In a 43 page opinion, which can be read here, Judge Mark Walker did the right thing in ruling against Governor Rick Scott and correcting a grievous wrong that has taken place in our state for far too long!
Both sides have until February 12th to submit briefs on how to correct the wrong. So it remains to see how quickly our population (and all former felons) will be restored, but yesterday’s victory was incredibly significant!
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Great news!!!!! Could not help but send Mr. Meade (he headed the ballot initiative) a piece of my mind:
Mr. Meade
With all sincerity I commend you in your fight.
However it breaks my heart to see that you are doing EXACTLY what Florida has done. Your initiative proposes that instead of Florida deciding which felons are “worthy” YOU now decide since you exclude sex offenders and convicted murderers on your initiative. Have they not paid their dues? Can they not turn the page? What makes YOU an expert on that? Are you not aware that numerous studies show a lower recidivism rate for sex offenders than most crimes? As one of many examples I urge you to read the report by the Office of Justice Programs of the United States Department of Justice which explains that the recidivism rate for sex offenders has been shown to be lower than any other crime except murder. What was YOUR offense? Studies have shown YOU have a higher chance of re-offending than sex offenders. SO what gives YOU the right to decide your charge is OK but not others? So while I commend you on your initiative, shame on you for doing the EXACT same thing Florida currently does. They pick and choose. Arbitrarily.
Thank god a Florida judge has leaned towards stating the voting right of ALL ex-felons is unconstitutional. I hope his ruling holds and makes your initiative mute. Because his is the right answer, and not a hypocritical initiative.
I ben told Rick Scott wife is on the bord for geo prison and has a lot of stock with geo prisons
@ G Not totally Mr Meads fault the fact of the matter is certain politicians refused to support the initiative if sex offenders were included. So it was decided to get as many ex-felons through as possible and revisit the issue at a later date. This is a fact
It’s about time. Florida has been ‘flipping off’ the Constitution for far too long. With patience and the representation of FAC and NARSOL, justice will in the long run be served. Many thanks to those who represent RSO’s and others who have paid their debt. In Navy terms…BZ…Bravo Zulu!
De Oppresso Liber
Flipping Off the Constitution……that is by far the MOST ACCURATE description of what these Florida Politicians are doing during every session.
I was denied solely and solely on the basis of the statute did not allow me to expunge: it was my failure to register case that was dropped a few days after. It was closed as a noninformation and just let go. Pretty rare from what i hear. Then i asked for that arrest and process to be expunged but was told that due to the statue for which i fall under i dont qualify. My lawyers were taken aback as was i.
Awesome news! Now, the identifier case with Hinkle. Maybe, the will hit at same time.
Wow! Finally someone is paying attention to the good ole boy politics in Fl. Now, I read it and of course it does not mention RSOs specifically – and not a great legal mind here (LOL) – but am I reading that the judge is saying that a policy to restore cannot “leave out” particular groups of people or arbitrarily choose who can be restored and who can not? The opinion specifically mentions protected classes (race, religion, etc.) which RSOs are not in that group.
@ Karen that sounds like it includes rso’s to me especially since this crap they are trying to push through now specifically targets us for permanent disenfranchisement. Finally some good news out of this bass ackward state kuddos to the judge
Correct – no “special” or “excluded” felons in this one.
Would this put a hold on the new bill that excludes rso’s?
The two matters are separate.
This would render the ballot measure moot.
After reading both items I am not so sure it would render the ballot initiative moot.
It seems the judge only finds the lack of adherence to the ‘rules’ the main problem and that it still could be a 5 or 7 yr wait after all sentencing complete, but I think the amendment could make the re-enfranchisement immediate after completion of sentence.
I do agree tho that the summary judgement does not exclude anyone from getting their voting rights back, as the initiative does, maybe automatically after the waiting period. We shall find out some more on the 12th of this month.
Karen, this opinion unilaterally states that all felons must have the same fair and equal opportunity for restoration.
You can see the frustration of the author towards this practice!
That is great news
This is GREAT news!