SCOTUS upholds Florida ruling on voting eligibility of formerly incarcerated

Liberal justices, Sonia Sotomayor, Ruth Bader Ginsburg, and Elena Kagan all believed the voting right should be restored

Biba Adams

Jul 17, 2020

Supreme Court theGrio.com — A general view of the U.S. Supreme Court on June 30, 2020 in Washington, DC. (Photo by Stefani Reynolds/Getty Images)

The Conservative-majority Supreme Court has upheld a lower court’s opinion that the formerly incarcerated in Florida will have to pay off their outstanding fees before they can reclaim their right to vote.

Previously, Florida had been one of a handful of states that barred citizens that have served time in prison from voting for life.

Three of the court’s liberal justices, Sonia Sotomayor, Ruth Bader Ginsburg, and Elena Kagan all dissented.

“This Court’s inaction continues a trend of condoning disenfranchisement,” Sotomayor said in her dissent.

The case evolves from the 2018 ballot issue when Floridians voted overwhelmingly to restore the rights of the formerly incarcerated to vote. However, the state legislature argued that the language was too vague and thus required that “a completed sentence,” also meant the payment of any court costs and restitution.

That created “an administrative nightmare,” U.S. District Judge Robert Hinkle said when he ruled against the state in May, finding that the law amounted to an unconstitutional voting tax.

Justices of the US Supreme Court pose for their official photo at the Supreme Court in Washington, DC on November 30, 2018. (Photo by MANDEL NGAN/AFP via Getty Images)

But on July 1, the 11th Circuit Court of Appeals halted that ruling while an appeal played out. That appeal is not expected to be decided until August, which is after Florida’s mid-July voter registration deadline.

In an interview with The Washington Post, Desmond Meade, executive director of Florida Rights Restoration Coalition said of the ruling, “We are disappointed with the Supreme Court’s decision but not deterred. Where others see obstacles, we see opportunities. We know a more vibrant democracy is a stronger democracy, and that the voices of the people will be heard.”

There are about 775,000 formerly incarcerated citizens in the state who have completed their prison sentences, including about 85,000 who registered to vote.

Most states restore the right to vote to the formerly incarcerated after their sentences, along with time on parole or probation, are complete. Many states impose additional requirements. Florida is among 11 states with the most restrictive rules, according to the National Conference of State Legislatures.

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