Insight

Restore the Vote

Voting rights for felons is shifting. Florida allows ex-felons to register to vote after they have completed their entire sentence, including incarceration, probation, and parole.

Polling station for voting
JZ

Janice Zhou

November 4, 2020 08:00 AM

In November 2018, Florida voters decided to restore voting rights for convicted felons by passing Amendment Four to the state’s constitution. This restoration of rights applied to felons who completed their parole or probation periods and were not convicted of murder or felony sex offenses.

The amendment was later challenged by the 11th Circuit Court of Appeals. In July 2020, the U.S. Supreme Court upheld the appellate court’s decision to temporarily block Florida felons from voting. This means there is a chance they may not be able to cast a ballot in the upcoming November presidential election.

The Sentencing Project—a research and advocacy center working for a fair and effective U.S. criminal justice system—estimates that nearly 1.5 million people in Florida have completed their sentences but still can’t vote, according to a Vox article.

We talked to two recognized Best Lawyers to get their input on voting rights for felons.

Mark P. Rankin
The Law Office of Mark P. Rankin
Recognized for Criminal Defense: General Practice Since 2013

Do you think those convicted of a felony should have the right to vote?

Felons should retain the right to vote. Citizens who are punished for breaking the law are citizens nonetheless and should retain the right to express their opinions at the ballot box.

What do you think of Amendment Four?

Amendment Four was a step in the right direction. Barring felons from voting has a long history of aiming for the suppression of African-American voters. The legislature’s effort to ignore the will of the voters by passing legislation meant to suppress voting is abhorrent.

When should those convicted of a felony be allowed to vote?

Felons should retain their right to vote at all times. Just because someone is serving time in prison does not mean they should give up their right to vote. They are still citizens of the United States and residents of Florida.

How might the issue of felon voting rights impact the upcoming presidential election in November?

It is difficult to know how felon voting rights will affect the November election. Tens of thousands of felons have registered to vote since Amendment Four passed. It will be interesting to see how many follow through to vote and for whom.

What has Florida's legislature done in terms of voting rights for felons?

The Florida legislature's movement to suppress voting by felons was contrary to the letter and spirit of Amendment Four. The legislature ignored the will of the people and imposed a poll tax upon felon voters. Hopefully, the full 11th Circuit Court of Appeals will step in to rectify a terrible wrong.

Denis M. deVlaming
deVlaming & Rivellini
Recognized for Criminal Defense: General Practice Since 2006

What is your opinion on felon voting rights?

Felons should be able to vote after successfully finishing the sentence. They have paid their debt to society and, therefore, have earned their right to vote once again.

Should there be limits imposed?

It is my belief that anyone who is finished serving their term of imprisonment or probation should then be allowed to vote. Other conditions should not be required.

What do you think of the 11th Circuit Court of Appeals' attempt to block felons voting in July of this year?

It is my opinion that the 11th Circuit Court of Appeals decided the voting rights issue incorrectly. It was not the intent of the voters who passed Amendment Four to include untenable conditions in order for a felon to restore his or her right to vote.

Headline Image: ISTOCK,COM / ADAMKAZ & ISTOCK.COM / ALEX POTEMKIN

Related Articles

IN PARTNERSHIP

Breaking Down Criminal Conviction in Canada


by Mass Tsang

Statistics Canada’s annual breakdown of adult criminal court data provides an eye-opening review of how the country’s court system resolves its hundreds of thousands of cases annually.

Canada's Criminal Court Patterns Are Changing

IN PARTNERSHIP

Fighting Government Overreach


by John Fields

Criminal defense lawyer Dan Cogdell reflects on the Waco siege trial—a pivotal moment in his career now being revisited in a new Showtime miniseries.

Man in black suit poses for lawyer headshot

The Role of a Criminal Defense Investigator


by Best Lawyers

The role of a criminal defense investigator in a case is often overshadowed by the more prominent figures in the legal field. Let's look more closely.

Woman with hands on head stares at board of images

The Impact of Plea Bargains in Criminal Cases in the U.S.


by Best Lawyers

Best Lawyers highlights why plea bargains have risen to such prevalence, quickly becoming an essential part of the criminal justice system in the U.S.

Client and attorney stand before a judge in a courtroom

8 Different Types of Criminal Defenses in Law


by Best Lawyers

Learn about the different types of criminal defenses available in law, including innocence, self-defense, insanity and more. Protect your rights today.

Silver handcuffs laying on finger printed papers

ESG Changing Texas’ Legal Landscape


by Gregory Sirico

Best Lawyers breaks down the growing industry trend of ESG standards and how its altering the field of law in the state of Texas.

Texas’ Ever Changing Legal Landscape

Patrick A. Mullin, Esq. - Annual Report


by Patrick A. Mullin, Esq.

Veteran federal criminal defense attorney Patrick A. Mullin, Esq. provides an annual report of his victories in high-stakes criminal and tax matters.

Patrick A. Mullen Annual Report of Defense

New York In the Law


by Gregory Sirico

Courts in the New York area have continued to hear cases, many of them years-long battles that are still ongoing. Here is a look at some recent court cases.

New York In the Law

Southern California in the Law


by Gregory Sirico

Courts in Southern California have continued to hear cases, many of them years-long battles that are still ongoing. Here is a look at some recent court cases in Southern California.

Southern California in the Law

Southern California “Lawyer of the Year”


by Best Lawyers

Thomas A. Mesereau, Jr. is honored as 2022 "Lawyer of the Year" in Criminal Defense: General Practice in Los Angeles.

 “Lawyer of the Year” Thomas Mesereau

South Florida In the Law


by Gregory Sirico

Courts in South Florida have continued to hear cases, many of them years-long battles that are still ongoing. Here is a look at some recent court cases in South Florida.

South Florida In the Law

Northern California In the Law


by Gregory Sirico

We explore three legal cases in Northern California.

Northern California In the Law

Tampa In the Law


by Gregory Sirico

We explore three legal cases in Tampa.

Tampa In the Law

Midwest In the Law


by Gregory Sirico

We examine five court cases that are ongoing in Illinois, Michigan, Ohio, Minnesota and Indiana.

A Look at Court Cases in the Midwest

Washington, D.C. In the Law


by Gregory Sirico

We explore three legal cases in Washington, D.C.

Washington, D.C. In the Law

Elections Dustup


by Rachel Shrewsbury

Two election security bills working their way through the Texas House and Senate are creating divisions within the Texas GOP and meeting stiff opposition from many who view them as voter suppression.

Elections Dustup

Trending Articles

Announcing the 2023 The Best Lawyers in America Honorees


by Best Lawyers

Only the top 5.3% of all practicing lawyers in the U.S. were selected by their peers for inclusion in the 29th edition of The Best Lawyers in America®.

Gold strings and dots connecting to form US map

Announcing the 2022 Best Lawyers® in the United States


by Best Lawyers

The results include an elite field of top lawyers listed in the 28th Edition of The Best Lawyers in America® and in the 2nd Edition of Best Lawyers: Ones to Watch in America for 2022.

2022 Best Lawyers Listings for United States

2021 Best Lawyers: The Global Issue


by Best Lawyers

The 2021 Global Issue features top legal talent from the most recent editions of Best Lawyers and Best Lawyers: Ones to Watch worldwide.

2021 Best Lawyers: The Global Issue

The U.S. Best Lawyers Voting Season Is Open


by Best Lawyers

The voting season for the 31st edition of The Best Lawyers in America® and the 5th edition of Best Lawyers: Ones to Watch® in America is officially underway, and we are offering some helpful advice to this year’s voters.

Golden figures of people standing on blue surface connected by white lines

How To Find A Pro Bono Lawyer


by Best Lawyers

Best Lawyers dives into the vital role pro bono lawyers play in ensuring access to justice for all and the transformative impact they have on communities.

Hands joined around a table with phone, paper, pen and glasses

The Best Lawyers in Australia™ 2024 Launch


by Best Lawyers

Best Lawyers is excited to announce The Best Lawyers in Australia™ for 2023, including the top lawyers and law firms from Australia.

Australian Parliament beside water at sunset

How Palworld Is Testing the Limits of Nintendo’s Legal Power


by Gregory Sirico

Many are calling the new game Palworld “Pokémon GO with guns,” noting the games striking similarities. Experts speculate how Nintendo could take legal action.

Animated figures with guns stand on top of creatures

What the Courts Say About Recording in the Classroom


by Christina Henagen Peer and Peter Zawadski

Students and parents are increasingly asking to use audio devices to record what's being said in the classroom. But is it legal? A recent ruling offer gives the answer to a question confusing parents and administrators alike.

Is It Legal for Students to Record Teachers?

Inflation Escalation


by Ashley S. Wagner

Inflation and rising costs are at the forefront of everyone’s mind as we enter 2023. The current volatile market makes it more important than ever to understand the rent escalation clauses in current and future commercial lease agreements.

Suited figure in front of rising market and inflated balloon

The Upcycle Conundrum


by Karen Kreider Gaunt

Laudable or litigious? What you need to know about potential copyright and trademark infringement when repurposing products.

Repurposed Products and Copyright Infringemen

8 Different Types of Criminal Defenses in Law


by Best Lawyers

Learn about the different types of criminal defenses available in law, including innocence, self-defense, insanity and more. Protect your rights today.

Silver handcuffs laying on finger printed papers

Best Lawyers: Ones to Watch in America for 2023


by Best Lawyers

The third edition of Best Lawyers: Ones to Watch in America™ highlights the legal talent of lawyers who have been in practice less than 10 years.

Three arrows made of lines and dots on blue background

A Celebration of Excellence: The Best Lawyers in Canada 2024 Awards


by Best Lawyers

As we embark on the 18th edition of The Best Lawyers in Canada™, we are excited to highlight excellence and top legal talent across the country.

Abstract image of red and white Canada flag in triangles

Wage and Overtime Laws for Truck Drivers


by Greg Mansell

For truck drivers nationwide, underpayment and overtime violations are just the beginning of a long list of problems. Below we explore the wages you are entitled to but may not be receiving.

Truck Driver Wage and Overtime Laws in the US

Choosing a Title Company: What a Seller Should Expect


by Roy D. Oppenheim

When it comes to choosing a title company, how much power exactly does a seller have?

Choosing the Title Company As Seller

The 2024 Best Lawyers in Spain™


by Best Lawyers

Best Lawyers is honored to announce the 16th edition of The Best Lawyers in Spain™ and the third edition of Best Lawyers: Ones to Watch in Spain™ for 2024.

Tall buildings and rushing traffic against clouds and sun in sky