Joint Statement on Florida Supreme Court Advisory Opinion Regarding Amendment 4
TALLAHASSEE, Fla. ā The Florida Supreme Courtās advisory opinion does not ā indeed, cannot ā alter what the U.S. Constitution requires. A federal court has already held that the state cannot deny people the right to vote because of their inability to pay financial obligations. The U.S. Constitution also prohibits making voting rights contingent on the payment of taxes, and it requires Florida to provide due process to citizens before taking their voting rights away. Senate Bill 7066 violates these prohibitions, and nothing about the Florida Supreme Courtās opinion changes that.
This advisory opinion does not impact our ongoing federal litigation to secure the voting rights of hundreds of thousands of returning citizens. The state court was not asked to, and did not, determine when all terms of a sentence are ācomplete.ā The Florida Legislature cannot ignore U.S. constitutional protections when interpreting when a sentence is completed for the purpose of restoring voting rights. If it does, we are confident the federal courts will correct it. The courtās ruling also continues to leave plenty of room for the Florida Legislature to correct SB7066 and allow people who are unable to pay their obligations to vote.
We should all be concerned by Governor Ron DeSantisā efforts to manipulate and engineer a result that attempts to eliminate the voting rights of hundreds of thousands of Floridians. This deliberately constrained court proceeding ā created by the governor ā prevented the state court from hearing from the very people impacted by SB7066.
Floridians voted to end lifetime voter disenfranchisement and to automatically restore voting rights to returning citizens in the state. They sought to end existing remnants of Floridaās disgraceful Jim Crow era, but the governorās actions effectively uphold them.
Florida cannot violate the U.S. Constitutionās protections. The right to vote cannot be contingent on the ability to pay. We will continue fighting in federal court for our clients and the hundreds of thousands of Floridians' voting rights that SB7066 seeks to unconstitutionally and permanently eliminate.
Joint Statement from ³Ō¹ĻÖ±²„ National, ³Ō¹ĻÖ±²„ of Florida, Brennan Center for Justice, NAACP LDF