The voting status of hundreds of thousands of Floridians who have served sentences for felony convictions remains uncertain as a result of two recent federal court actions.
In a 6-3 split, the U.S. Supreme Court last week rejected an effort to overturn an 11th Circuit Court of Appeals decision that halted a preliminary injunction preventing the enforcement of Florida Senate Bill 7066. The state bill required that felons permitted to vote under Constitutional Amendment 4, which voters approved in 2018, have to pay fees and other arrears known as legal financial obligations (LFOs) in order to vote.
A U.S. district court previously declared SB 7066 unconstitutional because its provisions amount to something on the order of a poll tax. But the 11th Circuit on July 1 stayed the injunction and will hold a hearing on the issue on Aug. 18, the day when Florida has scheduled its primary election.
“Floridians without outstanding legal fines, fees, court costs and restitution can continue to register and cast a ballot in upcoming elections this year without fear,” Nancy Abudu, deputy legal director for the Southern Poverty Law Center (SPLC), told the Florida Record. “As for those individuals who do owe legal financial obligations, we have filed a motion to clarify which parts of the district court’s order remain in effect today.”
The SPLC is one of the groups representing plaintiffs who have argued that SB 7066 violated their voting rights. In a previous statement, Abudu said hundreds of thousands of indigent and lower-income residents would not be able to vote in the August election as a result of the U.S. Supreme Court action.
It’s unclear if the issue would be sorted out before the Nov. 3 presidential election, when Florida will be a key swing state in the selection of the next president. Ultimately, the U.S. Supreme Court could be called on to settle the issue no matter which side prevails in the 11th Circuit.
“We are taking this case one step at a time and focusing our attention right now on the appeal in the 11th Circuit,” Abudu said. “Following that court’s decision we will evaluate our options and the best course of action if necessary.”
Though the U.S. Supreme Court did not explain its reasoning for denying the request to vacate the 11th Circuit’s stay, Justice Sonia Sotomayor wrote a dissent to the July 16 decision.
“This court’s order prevents thousands of otherwise eligible voters from participating in Florida’s primary election simply because they are poor,” Sotomayor wrote. “And it allows the Court of Appeals for the 11th Circuit to disrupt Florida’s election process just days before the July 20 voter-registration deadline for the August primary. …”
Judge Robert Hinkle of the Northern District of Florida previously issued a 125-page ruling that found Florida’s Senate Bill 7066 unconstitutional. Gov. Ron DeSantis then called on the 11th Circuit to hold an en blanc hearing revisiting the issue of whether the state law violates the Constitution’s Equal Protection clause.