Federal appeals court blocks hundreds of thousands of felons in Florida who still owe fines and fees
Last edited Fri Sep 11, 2020, 04:47 PM - Edit history (1)
Source: Washington Post
By Lori Rozsa
September 11, 2020 at 2:10 p.m. CDT
A federal appeals court on Friday blocked hundreds of thousands of felons in Florida who still owe fines and fees from registering to vote, putting a halt to what was potentially the nation's largest re-enfranchisement of voters in more than 50 years.
The 11th Circuit Court of Appeals in Atlanta agreed with Gov. Ron DeSantis that the payment of fines and fees by ex-felons is part of their "terms of sentence," and must be satisfied before they can register.
The decision comes less than a month before the presidential swing state's Oct. 5 deadline to register to vote for November's general election.
"This is a deeply disappointing decision," said Paul Smith, vice president at Campaign Legal Center.
Smith's group and others sued DeSantis after he signed a law that put the payment conditions on a widely supported state constitutional amendment. In 2018, Florida voters overwhelmingly passed an amendment that allowed felons to register to vote, overturning decades of practice where felons had to petition the governor to have their rights restored.
Read more: https://www.washingtonpost.com/politics/florida-felon-voting/2020/09/11/9a6b5d3a-f45e-11ea-bc45-e5d48ab44b9f_story.html?tidr=a_breakingnews&hpid=hp_no-name_hp-breaking-news%3Apage%2Fbreaking-news-bar
This absolutely sucks. I've read previously that in many cases, it isn't even possible to track down every fine or fee owed, due to the multiplicity of jurisdictions and/or the age of the original charge and lost paperwork.
What we need to do for these people is find some way to get as many of these fines and fees paid as possible through some kind of fund.
On edit: Here are a couple organizations I found who are dedicated to helping felons get back their voting rights:
https://floridarrc.com/about/ - FRRC is a grassroots, membership organization run by Returning Citizens (Formerly Convicted Persons) who are dedicated to ending the disenfranchisement and discrimination against people with convictions, and creating a more comprehensive and humane reentry system that will enhance successful reentry, reduce recidivism, and increase public safety.
https://www.morethanavote.org/ - We are Black athletes and artists working together. Our priority right now is combating systemic, racist voter suppression by educating, energizing, and protecting our community in 2020. Please read our letter asking fans to join us in the fight against Black voter suppression. (This is the one that LeBron James is involved with)
Phoenix61
(17,023 posts)agencies many, many years ago. Its DeSatan doing what he does best. Being a little Donny.
Miguelito Loveless
(4,477 posts)the collection agency bought them for pennies on the dollar. This means the state has accepted this amount of money as payment. They cannot accept payment, then claim the fines/fees were not paid.
Phoenix61
(17,023 posts)They allowed the collection agency to tack on collection fees and the debt stays open until its paid.Nice little racket, right.
FBaggins
(26,783 posts)A collection agency can be engaged to try to collect in exchange for a percentage of whatever they bring in... but that doesn't transfer the ownership of the debt. If the debts were instead sold to a collections agency, that's different... but I don't think that municipalities commonly do that.
FM123
(10,054 posts)We finally have more registered Dems than repugs down here and a chance to flip the state blue - then this. We need someone like Mike Bloomberg who pledged big bucks to come down here and pay off some of these fines. Not everybody's fines can be paid off (some folks don't know how much they owe) but a LOT can. It just might swing the election.
PBC_Democrat
(401 posts)I totally agree with SW that we need to put together a team of aspiring lawyers to determine what is owed and who it is owed to ... than have a foundation made the payment for tracking purpose.
Someone with knowledge of the legal system should be able to reverse engineer the process that the state would use to assert that a fine/penalty was not paid.
We should be able to use that same system to determine what is owed ... and pay it.
Phoenix61
(17,023 posts)Its the collection piece thats a goat rope.
turbinetree
(24,745 posts)Last edited Fri Sep 11, 2020, 07:43 PM - Edit history (1)
and it wins..........................the states little fucking dictator can get it thrown out...........tell me again what makes this country so great............I thought and was taught that when you vote it means something.............well John Trudell was right............
I am not looking to overthrow the American government, the corporate state already has, John Trudell- Santee Dakota activist, artist, and poet (1946-2015)
ananda
(28,891 posts)???
jrandom421
(1,005 posts)List left
(595 posts)The article says donating $100,000. they are going to need more help than that.
ananda
(28,891 posts)Thanks!
scarletwoman
(31,893 posts)Phoenix61
(17,023 posts)to community service and some have.
List left
(595 posts)fines of Florida felons. 100's of thousands x the fines is going to be an awful lot of money though.
You beat me to it.
beachbumbob
(9,263 posts)llashram
(6,265 posts)are responsible, partially, for their present plight. The fines in most cases are probably small, hey Bloomberg step up, help those who are trying to help themselves and hopefully our country.
Thekaspervote
(32,819 posts)Grins
(7,257 posts)What was the decision?
A panel or en banc?
If panel then it could be appealed right back to the 11th for en banc.
Or SCOTUS.
scarletwoman
(31,893 posts)On edit - link to the pdf of the decision: https://media.ca11.uscourts.gov/opinions/pub/files/202012003.enb.pdf
DanMack64
(1 post)With a circuit of over 20 judges how did they pick 5 of the 6 judges tRump appointed for this case.
Before WILLIAM PRYOR, Chief Judge, WILSON, MARTIN, JORDAN, JILL
PRYOR, NEWSOM, BRANCH, GRANT, LUCK, and LAGOA, Circuit Judges.
Pryor-Bush
Wilson-Clinton
Martin-Obama
Jordan-Obama
Jill Pryor-Obama
Newsom-Trump
Branch-Trump
Grant-Trump
Luck-Trump
Lagoa-Trump
How do the most Jr judges get assigned all at once to this case?
This shit drives me crazy
(20+ year lurker-read DU everyday)
JudyM
(29,294 posts)Great first post, glad you came out from behind the curtain.
FBaggins
(26,783 posts)The 11th circuit doesn't actually have "over 20 judges". They have a dozen circuit judges (or 11 plus the chief)... and then eleven retired/senior judges who can occasionally sit on 3-judge panels. Some senior judges remain reasonably active and others rarely hear a case... but an en-banc hearing excludes senior judges.
Not that it would make that much difference. Of the 11 senior judges, only four were appointed by Democrats.
yaesu
(8,020 posts)csziggy
(34,139 posts)Within a certain period of time after conviction and/or completion of any other sentence. If they are not billed within that period, they are null and void and can NEVER be counted against the person who has fulfilled every other part of the sentence.
Make it retroactive - maybe give the state a period of time ( no more than six months) to cull their records and come up with an accounting of all owed fees - and put a stop to this practice of not completely informing people attempting to return to society of all the claimed obligations.
Unfortunately, this has been drawn out by the Florida GOP so that many people who otherwise should be able to vote - by the choice of the voters of Florida - will be barred this time around. But we need to make it so old fines that the people were never aware of or that were forgotten cannot be dredged up in the future.
NBachers
(17,170 posts)I just helped pay it back by making a contribution. Here's how:
https://wegotthevote.org/finesandfees/
Thanks for posting this.
scarletwoman
(31,893 posts)I'm glad to know you can vote, and huge props to you for paying it forward!
onetexan
(13,078 posts)scarletwoman
(31,893 posts)Danmel
(4,932 posts)Marthe48
(17,087 posts)n/t