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AG Nessel Joins Coalition Opposing Florida's Unlawful Pay-to-Vote System for Formerly Incarcerated Citizens

LANSING – Michigan Attorney General Dana Nessel today joined 19 other attorneys general in opposing a Florida “pay-to-vote” law that creates barriers to voting for formerly incarcerated citizens. Florida’s Senate Bill 7066 (SB-7066) requires returning citizens to pay all court-ordered financial obligations before they can vote, which disenfranchises citizens long after their release from incarceration.

In an amicus brief filed in Jones v. DeSantis before the en banc U.S. Court of Appeals for the Eleventh Circuit, the coalition argues that the Florida law unlawfully conditions voting on payment of court-ordered financial obligations and does not provide an adequate process for determining the amount owed. The coalition also notes that this law disproportionately harms Black Americans, the Latinx community, and low-income returning citizens. The plaintiffs are seeking declaratory and injunctive relief to restore the vote to former felons.

“Those who have served their time have paid their debt to society and no further payment should be required to access the ballot box,” Nessel said. “The State of Michigan has already recognized this important principle and I’m proud that we’re among the 17 states in the nation where a former felon’s voting rights are automatically restored upon release from prison. However, there are a number of states that don’t automatically restore voting rights and so I’ve joined with my colleagues and filed a brief in the Eleventh Circuit Court of Appeals arguing that poverty cannot be a barrier to democracy.”

Felon disenfranchisement in the United States is the product of a disparate patchwork of state laws. Studies show that expanding the right to vote to people convicted of a felony benefits both the returning citizens and the communities they rejoin. However, as of 2016, approximately 4.7 million people who have been convicted of felony offenses in the United States—about 1 in every 40 adults—have completed the terms of their incarceration but are denied voting rights.

In 2018, Florida voters approved Amendment 4, a constitutional amendment that automatically restored the voting rights of some felons “upon completion of all terms” of their sentences, “including parole or probation.” In response, in 2019, the Florida Legislature enacted SB-7066, which defined “completion of all terms of sentence” to include not just any term of imprisonment or supervision, but also financial obligations included in the sentence. Following a legal challenge to SB-7066, the district court blocked enforcement of the law, and the case is now on appeal to the U.S. Court of Appeals for the Eleventh Circuit. If the court upholds SB-7066, nearly one million Florida residents would be unable to vote because they have unpaid legal financial obligations.

In this amicus brief, the states collectively support the plaintiffs’ challenge to the Florida felon disenfranchisement law because: 

  • Pay-to-vote laws harm low-income returning citizens and do not compel payment: States that condition restoration of voting rights to people convicted of felonies on payment of all legal financial obligations disadvantages low-income residents by indefinitely depriving them of the right to vote. There is little evidence that disenfranchisement compels people to pay outstanding legal financial obligations if they do not have the money to do so. This is especially true in Florida, which has not established an administrative process for returning citizens to ascertain what, if anything, they owe.      
  • Felon disenfranchisement disproportionately harms Black and Latinx communities: States have recognized the importance of restoring voting rights to returning citizens given the disparate impact felon disenfranchisement laws have on minority communities. As of 2016, over 7.4 percent of the Black voting age population in the United States could not vote, as compared to only 1.8 percent of the non-Black voting age population. In Florida, more than 20 percent of Black adults have been disenfranchised. Available data also suggests that disenfranchisement laws disproportionately harm the Latinx community because they are incarcerated at higher rates than the non-Latinx population: about 2.4 times greater for Latinx men and 1.5 times for Latinx women.    
  • Expanding voting to returning citizens promotes successful reintegration and enhances public safety: Over the past 20 years, states have restored the right to vote to more than one million citizens by reforming their felon disenfranchisement laws. These reform efforts include laws repealing lifetime disenfranchisement, allowing people convicted of felonies to vote while completing the terms of their probation or parole, eliminating requirements to pay legal financial obligations, and providing information to felons leaving correctional facilities about restoration of their voting rights and registering to vote. These state efforts are supported by studies finding that restoring voting rights to former felons fosters civic participation and reduces their likelihood of committing further crimes. 

Nessel joins the attorneys general of California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Vermont, Virginia and Washington in filing this brief.

A copy of the amicus brief is available here.