Shields 1

Alexandra Shields

Professor Tiffany Isaacs

ENC 1101-0012

8 November 2018

Restoring Voting Rights: An Act of Mercy?

Floridians are currently enthralled by the issue of millions of their fellow citizens not

being allowed to vote.

On HBO’s Last Week Tonight with John Oliver, Oliver talks about Leon Gillis and says

that “He had served time for robbery and drug convictions but had been clean for eight years and

was running a drug rehab program when he made his case to the board in 2011. Rick Scott

actually commended him for the progress that he'd made, and then said this

Scott: “So at this point I’m going to deny your restoration of civil rights.”

Gillis: “and can I ask you a question?”

Scott: “Yes sir.”

Gillis: “How long is that?”

Scott: “I’m not sure. And if, um, you know it, um, I think every case is different.”

Gillis: “Well what should I do with my life then? If I’m doing everything I’m supposed

to do, and I’m trying and I’m making sure that I do everything I’m supposed to do, then

how long am I supposed to wait?”

Scott: “I couldn’t tell you that answer but if, uh, today, I don’t feel comfortable doing

it.”
 Shields 2

On November 6th, 2018, Floridians will be lining up to vote in the general election,

except for 1.5 million people, approximately 10% of Florida’s population, who can’t vote

according to Gabby Deutch from The Atlantic. Ex-felons, like Leon Gills, cannot vote even after

having served their sentence. This is because of a loophole imbedded in the 13th amendment that

targets convicted felons.

Loophole Part 1

Following the Civil War, with racial tensions high after the passing of the 13th

Amendment, many state legislators, especially in the South wanted to deny newly freed slaves

their new constitutional right to vote. When poll taxes and literacy tests weren’t enough to

accomplish this, they turned their attention to the loophole in the 13th amendment that denied

convicted felons the right to vote (DuVernay, “13th”).

Florida changed its constitution in 1868 to include the 13th Amendment. In doing so the

legislators used that one loophole to target newly freed slaves. State legislature began passing

laws that would target African Americans. These strict laws were so powerful that, by 1958,

“just seven African Americans were registered to vote out of 10,930 black adults in one Florida

county” (“New Reports Tracks History and Impact of Florida’s Strict Criminal

Disenfranchisement Law”). This power helped support some representatives in their efforts to

deny black people their constitutional right to vote. It also helped white majority states’

representatives maintain control of southern state legislatures.

The effects of that loophole in 13th Amendment can still be seen in Florida today. Unlike

other states, “Florida has the highest disenfranchisement rate in the country” (“Voting Rights

Restoration Efforts in Florida”). Disfranchisement laws can widely vary from state to state. But

only three states in the United States, have permanent disenfranchisement laws for people
 Shields 3

convicted of a crime (“Criminal Disenfranchisement Law Across the United States”). Their

states make it almost impossible for ex-felons to get their voting rights restored. If you look at

the picture from The Brennan Center for Justice.org below, it shows how the various states

address restoring voting rights as of 2018. Most states restore voting rights after ex-felons

complete their full sentences. Two states do not even have any Disenfranchisement laws. While

most states restore voting rights easily, Florida is much more restrictive. “Gov. Scott’s

administration had restored voting rights to fewer than 2,000 Floridians statewide, while over

20,000 applications remained pending” (“Voting Rights Restoration Efforts in Florida”). Voting

restrictions weren’t always this difficult. With the election of Charlie Crist in the year 2007,

restoration of felon rights began to be relaxed.

 Shields 4

Governor Charlie Crist

Governor Charlie Crist took the first step towards revising the rules of executive

clemency. Governor Crist’s changes helped restore voting rights for nonviolent ex-felons after

they served their sentences. “A year later, in 2008, Gov. Crist’s office announced that over

115,000 Floridians had regained voting rights since the new rules were implemented” (“Voting

rights restoration in Florida”). Although Florida still had disenfranchisement laws, Governor

Charlie Crist paved the way for new reforms to help certain ex-felons get their voting rights

restored. It seemed that Florida was making progress toward enfranchising all of its citizens.

However, in 2011 with Republicans in charge of the Florida legislator, and the Governorship,

they began to pass laws to make it hard for Floridians to vote, especially young people and

people of color.

Following the Pack

Following the 2010 midterm elections, many Republican controlling state legislatures

began to make voting more difficult for everyone, not just prisoners. It was difficult to find the

true reason for why Republicans controlled legislator were making it hard to vote. One

Republican senator in Florida named Mike Bennett said, "Do you read the stories about the

people in Africa? The people in the desert, who literally walk two and three hundred miles so

they can have the opportunity to do what we do, and we want to make it more convenient? How

much more convenient do you want to make it? Do we want to go to their house? Take the

polling booth with us? (Sharockman, “Voting Should be tough, lawmaker says—just like in

Africa).” But the reason most Republican senators cited the need to do voting reform was in

order to prevent voter fraud. An article published in The New York Times stated, “Election

experts say minorities, poor people and students — who tend to skew Democratic — are among
 Shields 5

those least likely to have valid driver’s licenses, the most prevalent form of identification. Older

people, another group less likely to have licenses, are swing voters” (Alvarez, “Republican

Legislators Push to Tighten Voting Rules”). Many Republicans will say that these new voting

laws are necessary to protect America’s Democracy. However, if you look at the statistic, these

laws disproportionately affect minorities, the poor, and young people. Making it harder for

American people to vote.

When Governor Rick Scott was elected into office in 2011, he followed his fellow party

members. He decreased the number of polling places, shortened the number of early voting days,

and making it harder for people to register to vote (Alvarez, “Republican Legislators Push to

Tighten Voting Rules”). To no surprise, not only did these measures make it difficult for people

to vote in Florida, but Governor Scott also changed all of Gov. Charlie Crist’s clemency reform.

BrennanCenterforJustice.org stated, “The current clemency rules… are the most restrictive in

several administrations.” Governor Rick Scott got rid of the new progressive reform, in order to

follow his fellow Republican plan to make voting harder for Americans. His new reform has hurt

a significant amount of ex-felon who are ready to have their voting rights restored.

Florida Clemency Board

As Governor Rick Scott explained in 2016 to one man about why he was denied his

requested to have his voting rights restored, he stated, “Clemency is — there's no standard,"

Scott said. "We can do whatever we want. But it's ... tied to remorse. And ... understanding that

we all want to live in a law-abiding society" (qtd. Greg Allen, NPR). The Florida Clemency

Board is a small council made up of Gov. Rick Scott and the Attorney General, the Chief

Financial Officer and the Commissioner of Agriculture and Consumer Services. In order for ex-

felon to receive a hearing with the Clemency Board he or she must first wait between 5 to 10
 Shields 6

years, depending on the type of clemency he or she are requesting. The Clemency Board only

meet 3 or 4 times a year. This limited meeting schedule makes it almost impossible for an ex-

felon to get a hearing. If an ex-felon is lucky enough to get a hearing, there are no guide lines

that the Florida Clemency Board as to follows. Like Governor Rick Scott said there’s are no

standard that they have to follow. They decide based on what they think or how they feel – just

like a student deciding whether or not they feel like coming to class. On the Clemency Board

Website, called fcor.state.fl.us, there is a page that will have a link titled “Rules of Executive

Clemency.” In the first paragraph it states, “Clemency is an act of mercy that absolves the

individual upon whom it is bestowed from all or any part of the punishment that the law

imposes.” There are no Federal rules that the board has to follow. They don’t have to give a

reason why a person was denied their right to vote. “More than 150,000 Floridians had their

voting rights restored during Crist's four years in office. In the seven years since then, Rick Scott

has approved restoring voting rights to just over 3,000 people” (Allen).

In memory of Leon Gillis

Earlier I talked about Leon Gillis. He tried to regain his voting rights back in 2011 but

was denied. I looked up Leon Gillis to see what he was up to and see how he was affected by not

getting his vote rights back. Unfortunately, Leon Gillis III sadly passed away at the age of 66

right before his birthday in 2016(Daytona Beach News-Journal, “Leon Gillis III Obituary”). I

searched to find if he ever had his voting rights restored. I would like to say yes, but

unfortunately that might not be the case. If you go to the Clemency Board’s website,

fcor.state.fl.us, it will state if you are denied by the Clemency Board to regain your voting rights.

You can re-apply but must wait 2 years to even summit an application again. The cycle then
 Shields 7

repeats itself. If Leon Gillis did apply again his case is at bottom of the pile, again. Sadly, Leon

Gillis will never have the opportunity to vote.

Loophole Part 2

The reason why Governor Rick Scott or any Governor can decide whether or not a

convicted felon can regain their voting rights back is because of the 14th amendment. In early

March of 2017 there was a lawsuit brought against the Clemency Board declaring that they were

unconstitutional and were violating the 1st and 14th amendment. Cohen Milstein on behalf of 7

ex-felon stated “Florida’s voting rights restoration procedure is arbitrary in that there are no

laws, rules, or regulations to guide the Executive Clemency Board’s decisions to reinstate or

deny reinstatement of the fundamental right to vote, in violation of the First and

Fourteenth Amendments” (“Hand v. Scott: Class Action to Restore Voting Rights of Former

Criminal Offenders”). Milstein and his clients were seeking to reform the current Clemency

Board because they believed that they had paid their debt to society and believe that ex-felons

deserve to have their voting rights restored. They took their case to the District Court. In early

February, Judge Mark E. Walker ruled that “the process by which Florida’s Clemency Board

grants or denies former felons’ restoration of voting rights applications is unconstitutionally

arbitrary and violates the U.S. Constitution’s First Amendment right of free association and free

expression, as well as the Fourteenth Amendment"(“Hand v. Scott: Class Action to Restore

Voting Rights of Former Criminal Offenders”). The judge and lawyer took the first step to

standing up to the current system. Judge Walker later declared that the current Board must

change its policy to establish new voting rights reform for ex-felon, sometime late April of 2018

(“Hand v. Scott: Class Action to Restore Voting Rights of Former Criminal Offenders”).
 Shields 8

Following standard process, Governor Scott and his Clemency Board filed an appeal with the

11th Circuit Court of Appeals. On April 25th , hours before Judge Mark Walker’s ruling would

have taken effect, the panel of three judges for the US Circuit Court of Appeals in Atlanta, “cited

the 1969 decision by the U.S Supreme Court in Beacham vs. Braterman, a Florida case that set

the precedent for a “standardless” clemency system” (Steve Bousquest, “Rick Scott wins round

as appeals court blocks rejection of felons’ voting rights system”) and The Fourteenth

Amendment expressly empowers the state to abridge a convicted felon’s right to vote ( James

Hand, “In the United States Court of Appeals for the Eleventh Circuit”). The Circuit Court ruled

in favor of the Clemency Board. Ruling from a higher court and the 14th amendment gives the

state Governor the right to choose how he or she reforms voting rights in his or her state. The

state has more power over the federal government when it comes to restoring voting rights for all

ex-felon.

The Future

It seems that Florida will be stuck with Disenfranchised Laws and the Clemency Board.

But people are taking a stand. On the 2018 Florida ballot, there is Amendment that can change

that. Amendment 4 will restore voting rights to former felon who served their sentence, but it

will exclude ex-felon who were convicted of murder and sexual assault (“How to Vote on

Florida’s 12 Amendments on the 2018 ballot our recommendations”). It was the only citizen

intuition amendment that made it on the ballot. “More than 799,000 voters whose signatures

were certified on petition by the group Floridians for Fair Democracy to place Amendment 4 on

the ballot” say (“How to Vote on Florida’s 12 Amendments on the 2018 ballot our

recommendations”). If Amendment 4 get the required votes on election day, it will be enacted

onto the Florida’s Constitution. Ex-felons will get there voting rights back and 1.5 million ex-
 Shields 9

felons will be able to vote again. It now up to Floridians, not Governor Rick Scott or his

Clemency Board, to decide whether or not Florida should allow ex-felons to regain their voting

rights back.

Works Cited

Allen, Greg “Felons In Florida Want Their Voting Rights Back Without A Hassle.” Criminal

justice collaborative from NPR, 4 June 2016 https://www.npr.org/2018/07/05/

625671186/felons-in-florida-want-their-voting-rights-back-without-a-hassle

Alvarez, Lizette. “Republican States Push Revisions to Voting Laws.” The New York Times,

28 May 2011, www.nytimes.com/2011/05/29/us/politics/29vote.html.

Board, Clemency. “Florida Commission on Offender Review.” Overview - Clemency – Florida

Commission on Offender Review, www.fcor.state.fl.us/clemencyOverview.shtml

“Criminal Disenfranchisement Laws Across the United States” Brennan Center for Justice,12

February 2018 www.brennancenter.org/criminal-disenfranchisement-laws-across-united-

states.

Deutch Gabby. “Florida Felons Want Their Voting Rights Restored.” The Atlantic, Atlantic

Media Company, 19 October, 2018, www.theatlantic.com/politics/archive/2018/

09/florida-felons-want-their-voting-rights-restored/570103/.

13th, created by Ava DuVernay, performance by Khalil G. Muhammad, Netflix, 2016.

“Felony Disenfranchisement: Last Week Tonight with John Oliver (HBO).” YouTube, uploaded

by LastWeekTonight, 9 Sept. 2018, www.youtube.com/watch?v=NpPyLcQ2vdI&t=554s.

 Shields 10

Hand, James Michael. “On Appeal from the United States District Court for the Northern District

of Florida.” In the United States Court of Appeals for the Eleventh Circuit, 25 Apr. 2018,

media.ca11.uscourt.gov/opinions/pub/files/201811388.pdf

"Hand v. Scott: Class Action to Restore Voting Rights of Former Criminal Offenders in

Florida." Cohenmilstein Accessed 2018, https://www.cohenmilstein.com/case-

study/hand-v-scott-class-action-restore-voting-rights-former-criminal-offenders-florida

“How to Vote on Florida’s 12 Amendments on the 2018 ballot our recommendations” Florida

Today, 4 October 2018, https://www.floridatoday.com/story/opinion/2018/10/04/florida-

ballot-amendment-guide/1492149002/

“New Report Track History & Impact of Florida’s Strict Criminal Disenfranchisement Law”

Brennan Center For Justice, 16 December 2016, https://www.brennancenter.org /press-

release/new-report-tracks-history-impact-floridas-strict-criminal-disenfranchisement-law.

Robinson, Latisha, et al. “View Leon Gillis's Obituary on News-JournalOnline.com and Share

Memories.” Leon Gillis Obituary - Daytona Beach, FL Daytona Beach News-Journal,

2016, www.legacy.com/obituaries/news-journalonline/obituary.sapx?page=lifestory&pid

=180346023

Sharockman, Aaron. “Voting Should Be Tough, Lawmaker Says -- Just like in Africa.”

PolitiFact Florida, 6 May 2011,www.politifact.com/florida/article/2011/may/

06/voting-should-be-tough-gop-senator-says-africa/.

Steve Bousquet. “Rick Scott wins round as appeals court blocks rejection of felons’ voting rights

system.” Tampa Bay Times, 25 May 2018, https://www.tampabay.com/florida-

 Shields 11

politics/buzz/2018/04/25/facing-court-order-on-felons-voting-rights-scott-calls-

emergency-cabinet-meeting/

“Voting Rights Restoration Efforts in Florida” Brennan Center for Justice, 12 February 2018,

www.brennancenter.org/analysis/voting-rights-restoration-efforts-florida.
Shields 12