As Floridians prepare to cast their votes in the upcoming primary election on Aug. 20, many are wondering what ever happened to the restoration of felons’ voting rights .
Nearly 1.5 million Floridians have voted early in the primary election as of Thursday, with almost as many vote-by-mail ballots that have been provided but not yet returned.
Vote-by-mail ballots outnumbered those who showed up to early vote in person by nearly three to one. So far, 1,089,742 vote-by-mail ballots have been received in Florida, while 347,249 people cast their vote in person at an early voting location.
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The remaining 1,358,338 vote-by-mail ballots have until polls close at 7 p.m. on Aug. 20 to cast their vote, whether by dropping it off in person at a drop box or ensuring the Supervisor of Elections Office receives it by mail.
So, what about Florida felons ? Did the Sunshine State end up restoring their voting rights after Amendment 4 past in 2018? The answer is yes, but it’s complicated.
Here’s what to know about felons’ voting rights in Florida.
Can felons vote in Florida?
Convicted felons can vote in Florida, but there are a couple of stipulations they must meet before their voting status is fully restored.
If a felon’s conviction didn’t involve murder or sexual abuse, they lose the right to vote until they do the following:
- Complete their sentence, including probation and parole
- Pay all of their restitution, fines and other fees in full
They don’t need to submit a request for clemency in this case.
If the felon’s conviction did involve murder or sexual abuse, their voting rights can only be restored by the State Clemency Board after all of the above stipulations are met.
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Can felons vote in Florida if they were convicted in another state?
A felony conviction in another state makes a person ineligible to vote in Florida only if the conviction would make the person ineligible to vote in the state where the person was convicted.
How can felons regain their right to vote in Florida?
If a convicted felon wasn’t involved in murder or sexual offense, they can simply register to vote and cast their ballot as anyone else would, provided they satisfied all of the noted stipulations.
Felons whose convictions involved murder or sexual offense must apply for a formal pardon from the State Clemency Board to have their voting rights restored. The Florida Rights Restoration Coalition can help anyone eligible through its hotline by calling 407-901-3749 or 877-698-6830 (toll-free) or emailing info@floridarrc.org .
Yes, he would.
U.S. Vote Foundation notes that a felony conviction in another state makes a person ineligible to vote in Florida only if the conviction would make the person ineligible to vote in the state where the person was convicted. Which would apply to Trump's case.
Trump was found guilty in New York, and New York allows felons to vote as long as they are not actually behind bars. The former president has not yet been sentenced and has already promised to appeal, which could keep him out of any potential prison sentence for months or even years, well beyond the November election.
"Trump has neither been sentenced to incarceration nor is he actually incarcerated. He has the right to vote in New York, so he has it in Florida," Blair Bowie , attorney and director of the Campaign Legal Center's Restore Your Vote project, told USA TODAY. "The only way he won't be able to vote is if he is actually in prison on Election Day."
What are the types of felonies in Florida and their penalties?
In Florida, felonies are classified into 5 categories — capital, life, first-degree, second-degree, and third-degree felonies.
Broward Law Team explains that first-degree felonies can result in a prison term of up to 30 years and a fine of not exceeding $10,000. Second-degree and third-degree felonies carry penalties of up to 15 and 5 years in prison, respectively, and fines not exceeding $10,000 and $5,000, respectively.
On the other hand, capital and life felonies are much more serious.
"Capital felonies are a serious issue, and among more serious crimes, these can result in the death penalty or life imprisonment without the possibility of parole. A capital felony is considered the most serious crime in Florida and often involves severe harm or loss of life," the team writes.
Life felonies, meanwhile, are punishable by life imprisonment without the possibility of parole and a fine of up to $15,000.
Contributors : Samantha Neely, USA TODAY NETWORK - Florida
This article originally appeared on Pensacola News Journal: Can convicted felons vote in Florida? Yes, but it's complicated. Here's what to know
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