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Floridians To Decide Debate Over Felon Voting Rights
October 23, 2018
This is part of a series of stories before the November 6 election.
Keith Ivey has an image in his mind he can’t let go of.
It’s just a piece of paper that most people tuck into their wallets and forget.
But for the 46-year-old Ivey, the voter registration card he received nearly three decades ago — but never used — represents both hope and despair.
Ivey is one of more than 1.4 million Floridians who lost the right to vote after being convicted of felonies. And he’s one of those whose voting privilege would automatically be restored under Amendment 4, a constitutional proposal on the November ballot that’s got backers as disparate as the American Civil Liberties Union and the Koch brothers.
Ivey’s now a successful businessman. He and his father operate a used-car dealership in Jacksonville.
But, for Ivey and hundreds of thousands of others, the excitement and nonstop attention surrounding the 2018 elections punctuate their inability to participate in one of the most basic components of a democracy: casting a ballot.
“It’s very painful. It’s a huge void. It’s being voiceless. There are community leaders that you want to support or want to not support. You can’t have that voice,” Ivey told The News Service of Florida in a recent telephone conversation from Washington, D.C., where he was vacationing with his wife.
Amendment 4, heavily bankrolled by the ACLU, would automatically restore the right to vote for people who were convicted of felonies and who have completed their sentences, paid restitution and fulfilled parole or probation requirements. Murderers and sex offenders would be excluded.
Backers of the amendment estimate that about 1.4 million Floridians would have their voting rights restored, if the required 60 percent of voters approve the proposal.
The November vote on Amendment 4 comes as Gov. Rick Scott and the Florida Cabinet fight a federal judge’s ruling that said the state’s current rights-restoration system is unconstitutional.
After taking office in 2011, Scott and Attorney General Pam Bondi played key roles in changing the process to effectively make it harder for felons to get their rights restored.
Under the changes, felons must wait five or seven years before applying to have their rights restored. After applications are filed, the process can take years to complete.
The number of applications for restoration has dramatically dropped under Scott and the all-Republican Cabinet, which acts as the state’s Board of Executive Clemency.
Since the changes went into effect, Scott — whose support is required for any type of clemency to be granted — and the board have restored the rights of 3,005 of the more than 30,000 convicted felons who’ve applied, according to the Florida Commission on Offender Review. As of Oct. 1, there was a backlog of 10,275 pending applications, according to the commission.
U.S. District Judge Mark Walker this year sided with Fair Elections Legal Network and the law firm Cohen Milstein Sellers & Toll PLLC in a lawsuit filed against the state on behalf of nine felons, who alleged that the state’s vote-restoration process is discriminatory.
Walker ordered the state to revamp the system, but, in a victory for Scott and the Cabinet, the 11th U.S. Circuit Court of Appeals in April blocked the federal judge’s order from going into effect. The appeals court hasn’t issued a final ruling in the case.
With voters already receiving mail-in ballots, organized opposition to Amendment 4 has not emerged.
But critics of the measure — including Scott and former Congressman Ron DeSantis, who’s in a heated contest with Democrat Andrew Gillum to replace the governor — maintain that the proposal treats convicted felons too leniently.
“The governor believes that in order for felons to have their rights restored, they have to demonstrate that they can live a life free of crime, show a willingness to request to have their rights restored and show restitution to the victims of their crime,” Lauren Schenone, a spokeswoman for Scott’s U.S. Senate campaign, said in an email.
DeSantis “believes in second chances,” but with a caveat, according to campaign spokesman Stephen Lawson.
“He is in favor of giving offenders an opportunity to earn their rights back; however, he believes that automatic restoration is inappropriate as recidivism is still very high. Prior offenders must show their commitment to be a law-abiding member of their community after serving their sentence before they have those rights restored,” Lawson told The News Service of Florida.
But Amendment 4 has drawn national support, with Florida one of a handful of states that have laws on the books critics say are remnants of post-Civil War Jim Crow policies designed to keep blacks from casting ballots.
Vermont-based Ben & Jerry’s has placed the Florida initiative among its top-tier 2018 election issues. The left-leaning dessert company will give away free ice cream at early voting sites throughout the state in advance of the Nov. 6 election, according to the Second Chances Campaign, an organization behind the amendment.
R&B musician John Legend recently headlined an event in Orlando to rally support for the amendment. MSNBC’s Chris Hayes recently visited the state to call attention to the proposal. And HBO host John Oliver last month made an appeal to Florida voters during a “Last Week Tonight” segment devoted to the amendment.
The amendment also has a plethora of lesser-known advocates in Florida, including Purple Heart recipient Alan Rhyelle. The Vietnam vet, who was shot through the chest in 1967 and was later diagnosed with post-traumatic stress disorder, turned to marijuana as an alternative to highly addictive and toxic medications prescribed to treat his pain and anxiety.
After his daughter, Peaches, suffered traumatic injuries in a car accident a decade ago, Rhyelle began growing pot to provide what he considered a better alternative to the multiple prescription pain medications doctors had ordered for his bedridden daughter.
But shortly before drying cannabis was ready for Peaches’ consumption, his daughter died.
When the paramedics arrived at his house to take his daughter to the medical examiner’s office, they smelled marijuana and alerted the sheriff’s office, Rhyelle said in a recent interview.
As a result, he lost his right to vote.
“I love my country. I’ll stand up and I’ll fight if anybody was to invade our shores,” Rhyelle, a Sarasota County resident,l said.
Rhyelle, 72, said he hasn’t applied to have his rights restored because of the backlog ahead of him, but he’s signed on to promote Amendment 4 with the hope of assisting others.
“I thought, well, hey, even if I can’t get it, it will help them, and I’ll have the satisfaction of knowing I’ve done something to help somebody,” he said.
Forgiveness is another theme that resonates for backers of Amendment 4.
Karen Leicht, who was convicted of conspiracy to commit insurance fraud and served more than two years in federal prison, said a “debt, when it is paid, is paid.”
“Why can’t the state of Florida forgive us? When you have paid, and your family has paid dearly, shouldn’t you be allowed to vote?” Leicht told the News Service.
Ivey, meanwhile, is haunted by the image of that critical piece of paper, which he never put to use.
“I see my voter’s registration card in my mind, over and over again,” he said. “And now that it’s so close, I really want this.”
by Dara Kam, The News Service of Florida
Comments
41 Responses to “Floridians To Decide Debate Over Felon Voting Rights”
Better FENCES make better NEIGHBORS.
Historically, voting was VERY highly regarded as a PRIVILEGE. At first it was ONLY Property owners. The logic stated was that they had a clear recognizable STAKE in elections. It has clearly been opened up over the decades, But now they want ILLEGAL ALIENS to vote, now FELONS…this is truly a FEDERAL issue and should NOT be up to states on NATIONAL questions. States in several liberal jurisdictions don’t even want Identification to be required. THIS IS MADNESS. I am not going to tell you how to vote. Think about it.
Vote “NO” and I’m not going into detail as to why I choose to Vote “NO”.
REGARDING:
“So don’t spout this nonsense about “we left England Because ____!!!” We left England because of religious persecution. ”
We left Scotland because the laird wanted more room for raising sheep.
We left Wales because we didn’t like the English and we didn’t get along with the neighbors.
We left England because the Crown was on our trail for a little misunderstanding over law and piracy and we didn’t get along with the neighbors.
We left Germany because they didn’t like our religion or ethnicity and we didn’t get along with the neighbors.
We left Ireland because Uncle Joe Murphy wanted to see if the boat he built would make it — and because he didn’t get along with his neighbors.
We left Gabon because the shipmaster whipped us if we didn’t get on the ship — and the neighbors sold us to him.
We left Alabama because we didn’t like having a master and/or others because Andrew Jackson was trying to kill or catch us.
Well not us personally, but our ancestors.
Basically they left for freedom, survival, or opportunity — sometimes all three. Freedom of religion was sometimes a factor, not always.
David for truth and better neighbors
They can never repay their debt to society, so let them vote while still in prison.
They won’t do much worse than the rest of us.
“Felon” there is a process for felons to get their rights restored. Why do you say anything about forever? Have you taken the steps to get your rights restored. If not,just like your incarceration was your fault, not getting your rights back is also, your fault.
either restore rights for all or not at all. this bill still limits who can vote. aclu I thought you supported everyone’s right to vote.
I feel that they paid their debt to society so let them vote. I don’t think it’s a Democrat or Republican thing. They are part of the community so they should have a say as well as everyone else.
@floridaman
I applied almost twenty years ago. I never even received a response. So I gave up on it because after seeing how the prison system operated, I figured it was a waste of time. My wife, and now my children, vote conservative. Not just Republican, but conservative ! I donate money, that’s how I apply myself. I try to convince others with reason, to also vote the only sensible way. I’m content with my lot. For those who aren’t, don’t cry, do something to make it better.
Voting NO! And, you know, I cannot afford to go on a vacation with my wife right now. I’m retired, on a fixed income, and she works long hours in a very shorthanded local prison. But I haven’t raped, robbed or sold dope, so it feels good to know that I’m in a position where I’m able to vote for people that are going to keep this county, state and country going in the right direction.
Vote NO for Amendment 4, there is a reason a Felon should never be able to own a firearm, nor should they be able to vote. The fact that they committed a felony is reason enough not to trust their judgement.
Felon:
Why have you not applied in the current system for restoration of rights?
Wow. So folks argue that “everyone should vote” because we “live in a democracy”. I challenge everyone who makes that argument to go study the founder’s diaries, letters, and other such writings to discover intent. First off, we do not live in a “Democracy”, we never have. We live in a REPUBLIC. For a reason. It’s to keep the MOB from trampling on the rights of the other citizens! In the early days of this nation, and for quite a long time, you couldn’t vote unless you were a landowner. A LANDOWNER. So don’t spout this nonsense about “we left England Because ____!!!” We left England because of religious persecution. Kinda like what the ACLU has been doing to the Christian Community in the last 10-12 years.
Wow just wow so many of you upstanding citizens here voicing their opinions glad to see that you think making a bad decision is something you should pay for the rest of your lives remember that the next time you order that double latte frappe you should be fat for the rest of your life. But lets not stop there if you get a speeding ticket your driving Privilege should be revoked for the REST OF YOUR LIFE!! We can keep going if you’d like.
Whoever it was that said voting is more of a privilege then a right you need to be kicked out of this country because you sir/madam are a traitor you don’t even know the HISTORY OF THE COUNTRY YOU LIVE IN!!!!! Omg how stupid people are our ancestors broke off from England because of taxation without representation that isn’t a privilege it is a RIGHT it says so in the BILL OF RIGHTS not the Bill of Privileges!!
We are the ONLY STATE IN THE UNION that doesn’t give felons their voting rights back after a set amount of time has passed. The process to get your rights back takes SIX YEARS to even get an appointment!! You get your appointment have to go to Tallahassee to see a panel of people. You are told that it is completely up to how the panel feels no other guide lines. The panel is made up of Rick Scott and five of his buddies. And it is not fair in any way shape or form.
We all make mistakes and none of us want them held against us for the rest of our lives but hey I guess it is okay as long as it isn’t you am I right. Who doesn’t make stupid mistakes when they are young or out of desperation not everyone who is a felon is a hardened career criminal.
@Everyone–I don’t think I should give up my rights forever. As you can see from below, I’m a conservative felon who would vote No on 4, although not forever. I was fifteen years old. After inspecting Bridges, roadways, and government projects, living a productive adult life, shouldn’t I be given a chance ? I completely disagree with the system now. What is being proposed is insane though. I would however, give up my rights just so the many who would abuse the amendment don’t get that chance.
Cry me a river ! The ACLU needs to focus more on what causes people to become convicted felons in the first place. I taught my kids that there are lifelong consequences when you make bad decisions. This is merely a Liberal- Democratic ploy to muster up as many votes as possible. They want these poverty, prison bound, family cycles to continue. Without it, they no one to depend on them.
Right on,Cooper!!
Jason,very good post….I agree!!!
floridaman,
I agree, Ben and Jerry are just trying to buy your vote with their overpriced ice cream.
Ruchard, it says after 5 to seven years they can apply for their voting rights to be restored. What do you call a few years. They didn’t care about their voting rights when they committed felonies.
After serving their time and a productive member of society a few years. Those rights should be restored without going thru long drawn out process that could take years.
“…….Amendment 4, heavily bankrolled by the ACLU……”
Thats a primary reason to vote NO. Secondly, there is a process to have rights restored. Just like illegal migrants need to follow the process, the convicted felon needs to follow the established process to restore their voting rights. I wonder how many of these felons was thinking about their voting rights when they were committing their crimes?
This is another amendment to reject. Just vote NO……
Show me in the United States Constitution where people can take the right to own a gun away for smoking pot and getting charged for a felony………what rights will follow…..freedom of religion, freedom of speech……..the way spitting on the sidewalk is upcharged to a felony, this amendment simply allow people to serve their time and get a fresh start in all regards.
The right to vote is for hardworking, honest, productive, citizens. Its not even a right really, its a privilege. If you are a convicted felon, so sorry , but you lost your privilege forever. Should of thought of it when you were making stupid choices in your life. Everyone should have a second chance, as did this person in the article, and apparently he turned his life around. Thats great. I too, had a tough life and worked my but off to make ends meet. And, I have never been arrested. Its about choices we make. VOTE NO on amendment #4
Oh, and boycott Ben and Jerry. I will never buy their product again.
They can mind their own business in Vermont, not try to affect our laws. That is the benefit of states rights. Each state can choose and manage their own laws and regulations within the framework of the constitution. People not liking a states laws and regulations can move. That is freedom in our country, so MYOB Ben and Jerry’s and all the other outside interest!
Very little to no mention is given in the TV commercials to the fact that there is a process to earn their rights back. Having lost that right after committing a felony, and being convicted, they lose that civil right as part of their punishment.
Automatic restoration would allow many felons to vote before their next felony. Just a fact since as mentioned, recidivism remains high. Do we want people with a history of poor judgement, and bad decision making, to have a vote?
I think not, those that truly want it back can apply and earn it back with decent behavior and compliance with our laws. NO on Four!
I AGREE VOTE NO Amendment 4.
THEY KNEW THE CONCEQUINCES,LET THEM GO THROUGH THE RIGHT CHANNELS.
Voting must have been real important to him???????
“46-year-old Ivey, the voter registration card he received nearly three decades ago — but never used”
Consequences of behavior include punishment that is consistent and definite. People need to know that if they commit certain crimes what the results will be. Chipping away at penal structures amounts to a huge, “Nevermind”.
@Rafael. Paying taxes does not qualify you. Sexual predators pay taxes but I would not let one babysit a child. As far as them making informed decisions I would say there is evidence to the contrary they cannot.
Should not be committing felonies rules are rules, i agree with citizen’s comment democrats will do anything to get votes even let illegal aliens vote. Vote no on #4.
Voter rights have very little to do with Democrat or Republican. How can anyone vote no on restoration of right to an individual, a citizen? What is the matter, have you become so tribal you can;t see any truth.
NO NO NO
He should have thought about that before he committed a felony, rules are rules. I agree with citizen the democrats will do anything to get more votes. vote no on #4.
This is a no vote for me. If you are a felon you give up that right to vote.
VOTE NO, Democrats do not care about these felons, only want their vote. There is a way for them now to restore their status now, but like everything, they want it given to them without working for it.
I committed numerous felonies as a teenager and went to prison. I paid my debt. However, I’m just about as conservative as you can be and I agree with @citizen. Do not give felons the right to vote. Have some sense and look at things realistically, not with emotion like liberals do. VOTE NO on Amendment 4..
Vote No. If you can’t do the time, don’t do the crime.
Voting is for a civilized society. If you can’t live in a civilized society, by it’s laws, them you should be excluded from it’s benefits.
And what felony did Ivey commit? There is a procedure in place now for him to restore his right to vote, has he started the process?
Vote NO on #4.
If they’re good enough to pay taxes, they’re good enough to make an informed decision on who they want to rule their community.
vote NO. it’s an attempt to bloat democratic votes