Skip to content
Search

Latest Stories

Top Stories

Landmark felon voting rights trial begins in Florida, via teleconference

symbols of justice
Classen Rafael/EyeEm/Getty Images

The most important voting rights trial of the new decade started Monday.

The case is about whether several hundred thousand newly enfranchised Florida felons will be able to cast ballots this fall in the nation's biggest swing state. More broadly, it's about the balance of power between the people and the government.

As the trial opened, lawyers for former convicts argued the clear intent of the electorate, which voted overwhelmingly for a state constitutional amendment in 2018, was to permit their clients to register as soon as they were done with prison, probation and parole. Lawyers for the Republican state government, which decided in 2019 that repayment of fines and restitution would be required as well, said that was a valid interpretation of the voters' will.


Civil rights and voting rights groups argue the financial requirements amount to an unconstitutional poll tax, akin to what was used for decades to suppress the African-American vote. And in a preliminary ruling this winter, the 11th Circuit Court of Appeals declared the state "may not erect a wealth barrier" to registration and blocked the law from taking effect until after the trial — and the guaranteed appeal by whichever side loses in coming weeks.

The other central complaint of the plaintiffs is that Florida has no central system for determining what felons owe or certifying they have paid up, putting an unconstitutional and impossible burden on ex-offenders to prove they are eligible to vote. The judge in the case, Robert Hinkle of Tallahassee, demanded six months ago the state rectify that problem -- but Florida officials waited until two weeks ago to sketch a procedure for determining how much a felon owes.

Hinkle kept the trial timetable on track despite the coronavirus pandemic, switching it to webcams and telephone hookups, because of the tight timeline if the outcome is to be meaningful in 2020. The Florida congressional and legislative primaries are Aug. 18. Those who wish to vote in the presidential election have until Oct. 5 to register.

The state's 29 electoral votes are the biggest prize indisputably within reach of both President Trump and former Vice President Joe Biden. Trump won the state by 1.2 percentage points — 113,000 votes — last time, but recent polling has Biden slightly ahead.

The ballot measure, known as Amendment 4, restored voting rights to people with felony convictions (except murderers and sex offenders) once they complete "all terms of their sentence." The subsequent law, pushed through the Republican-majority Legislature by Gov. Ron DeSantis, defines "all terms" to mean all financial obligations connected with the felons' case. The state Supreme Court in January issued an advisory opinion that supported the governor's position.

At least 775,000 felons have such obligations, about 55 percent of the total in the state who are out of prison — the largest bloc of people in modern American history who could get their voting rights back at a single time.

Daniel Smith, a University of Florida political scientist who was the opening expert witness for the plaintiffs Monday, offered that estimate and said his research shows at least 45 percent of the felons with some outstanding obligations owe more than $1,000.

He has estimated that four in five felons who owe something have not paid yet. The report he prepared for the trial looked at records from all of Florida's 67 counties but did not make clear who might qualify as too poor to pay — a key statistic because the judge has signaled the law might be permissible if there's an exemption for the indigent.

Smith has said it is impossible to quantify how many might not be able to vote under the new law because of sloppy and inconsistent record record-keeping.

Before Amendment 4, the state since Reconstruction had barred people with felony convictions from voting for life — unless they could secure permission from a clemency board made up of partisan elected officials. As the referendum campaign was getting started in 2018, a federal judge declared that system unconstitutional and said it disproportionately punished African-Americans.

Thirty other states have laws on the books similar to the one being challenged. Attorney generals for 10 of them have filed court briefs in support of Florida's case. "If states are limited in their ability to pursue re-enfranchisement alongside their other interests, some states may well throw in the towel and prohibit any felon from regaining the right to vote," they wrote.

The trial is being conducted by teleconference — with the judge, witnesses and attorneys on video because of travel and social distancing limitations. The public is permitted to listen in, unusual for a federal trial court proceeding and a reflection of the high degree of interest in the case.

"We're really grateful that the court has found a way to let this go forward in spite of the circumstances," Julie Ebenstein of the American Civil Liberties Union, which is representing some of the plaintiffs, said in her opening argument.


Read More

Business meeting, blurred background and people in office for teamwork, collaboration and planning

Another recruitment drive won’t fix a nonprofit board. A practical guide to sharing real decision-making power with diverse members: acknowledge, affirm, act.

Jacob Wackerhausen/Getty Images

Before Recruiting Diverse Board Members, Examine Who Holds Power

Nonprofit leaders keep asking me where they will find the next generation of diverse board talent. My question is what those leaders will be allowed to change once they arrive. In this piece, I outline concrete steps boards can take to ensure diverse members have real opportunities to shape organizational decision-making and to translate good intentions into meaningful progress.

In my board service and consulting work, I hear the concern from executives and grassroots activists alike. They worry about recruiting successors, sustaining funding, and governing organizations whose work increasingly depends on partnerships beyond their own walls. I share those concerns. I also wonder whether another recruitment initiative will solve what troubles them.

Keep ReadingShow less
The Pennsylvania state capitol building.

The Pennsylvania state capitol building.

jimfeng/Getty Images

Pennsylvania’s Bipartisan Exchange Is Rebuilding Trust in Governance

The University of Pittsburgh Institute of Politics has nearly 40 years of experience working with legislators from different political parties, and it is building on this history by drawing on lessons from the successful American Congressional Exchange model, begun in 2018 at the Bipartisan Policy Center, and from state exchanges now underway in Minnesota and Michigan. The University of Pittsburgh Institute of Politics, in collaboration with the Bridge Alliance, has launched the Pennsylvania Legislative Exchange.

This state-based, systematic approach is designed to foster better relationships and build trust across the political aisle with the following guiding principles:

Keep ReadingShow less
Shadow on a wall of Judge hitting gavel in court, concept of justice, law, and legal protection

DOJ lawsuits in Alaska and California preview post-Election Day fights over certification and seating winners. Here’s how officials and voters can prepare.

Aitor Diago / Getty Images

The Lawsuits Will Lose. The Delays Will Still Win.

Less than two weeks before Election Day, President Trump’s Justice Department asked a federal court to stop Alaska from certifying its U.S. Senate race if Republican Sen. Dan Sullivan loses to Democrat Mary Peltola. The lawsuit claims that a second candidate on the ballot, Daniel J. Sullivan, will confuse voters. That argument went nowhere in June, when the Alaska Supreme Court ruled that the state had no legal way to remove him from the ballot. Asked about the suit, the president took credit. “I’m the one that said do it,” he told reporters.

Alongside the Alaska suit, the Trump administration sued California to keep the state from counting mail ballots from 20,000 people it calls “likely” noncitizens. Over the summer, the Department of Homeland Security put that number at 190,000. Legal experts expect both suits to fail, as so many suits like them have. Still, Alaska and California give us an early look at what the weeks after November 3rd could bring: recount demands, calls to review or throw out ballots, and pressure to delay seating winners.

Keep ReadingShow less