Scott Powers
Shortly after the 11th U.S. Circuit Court ruled that Florida’s felons cannot vote until they pay court fines and fees, Democratic U.S. Rep. Val Demings announced Friday she introduced a bill to prohibit states from denying federal voting rights to citizens regardless of prior criminal convictions.
Demings’ bill, House Resolution 8101, was filed in late August. It seeks to do what Amendment 4 backers have been fighting for in the Florida Legislature and in courts since Florida voters approved that measure in 2018: restoration of voting rights, at least in federal elections, to people whom activists such as Desmond Meade call “returning citizens.”
At issue in the Florida case is whether the amendment’s requirement that felons complete all their court-ordered obligations should include fines, fees, and restitution. Advocates say those monetary sums can be out of reach for many felons struggling to put their lives together after serving prison sentences.
Reversing a lower court judge’s decision that gave Florida felons the right to vote regardless of financial obligations, the order from the 11th U.S. Circuit Court of Appeals upheld the position of Republican Gov. Ron DeSantis and the GOP-led state Legislature.
Friday’s 200-page ruling, delivered on a 6-4 vote, concluded that the Constitution’s due process clause was not violated by the passage of the law implementing Amendment 4.
Demings is a former police chief who served 26 years as an officer in Orlando. She entitled her proposal “Every American Has the Right to Vote Act.”
“Every American should have the right and the responsibility to participate in our democracy. I enforced the law for nearly three decades. Anyone who commits a crime should be held accountable. But committing a crime does not remove your humanity and it should not silence your voice. A debt to society must be paid, but that debt should never include our right to vote,” she wrote in a news release.
“Efforts to exclude these Americans from voting — either directly or through convoluted poll tax schemes — go against our fundamental principle that our government must be answerable to the people. A criminal conviction does not erase a person from our communities or our country,” she added.
Her resolution would “prohibit states from denying or abridging the right to vote in elections for federal office of individuals on the grounds of conviction of a criminal offense, and for other purposes.”
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights. Our fundamental rights are rooted in our basic humanity. We can live up to America’s promise.”
11 comments
Cogent Observer
September 11, 2020 at 5:54 pm
Come on, Ms. Demings. Between 30 years in a police department and some time in Congress, it is clear that you are very accustomed to only being on a public payroll. Perhaps that accounts for at least some of your feelings of affinity to convicted felons who have been supported by the public for the duration of their sentences–to say nothing of the court costs, fines, probation expenses, and restitution that they owe.
If you feel so strongly that they should not have to satisfy their own financial obligations, how about it if you assume their financial obligation–your retirement after 30 years in a police department and your Congressional benefits could go a long way for many of the people. Why don’t you feel that people should bear responsibility for the wrongs they did–they had trials and the financial elements were part of the punishment.
It really is not that complex. Or, is your goal merely votes, now and in the future–for you and for your Party. It is really pretty clear to thinking people. You should be ashamed of yourself for this blatent attempt to subvert an electoral process.
Gail
September 11, 2020 at 8:32 pm
subvert an electoral process.
Any way they can.
Gail
September 11, 2020 at 8:31 pm
How do you like Democrat Socialism so far?
Here it is…Democrat Goals for Americans.
1. De-fund Police. In the Senate (so theirs a record), Kamala Harris called it “re-imagine law enforcement.” Biden recently stated he was in favor, quote “redirecting law enforcement funds.” Police funds will be redistributed to other programs.
Democrats Yes.
Republicans No.
2. Citizenship for 20 to 50 million illegal aliens, DACA, TPS recipients, and their families with a cost of billions to taxpayers.
Democrats Yes.
Republicans No.
3. Free Healthcare for Illegal aliens, DACA, TPS recipients & their families. Taxpayer-funded with one estimate at $52 trillion.
Democrats Yes.
Republicans No.
4. Biden has stated he will raise taxes to over 71 trillion. With this Democrat platform, he will have to.
Democrats Yes.
Republicans NO TAX INCREASES.
5. Sanctuary Cities & States. Biden & Harris supports sanctuary cities.
Democrats Yes.
Republicans No.
6. I don’t understand how voters in Ohio, Pennsylvania, Kentucky, Illinois, West Virginia and Wyoming can even consider voting for Biden? You do realize that as soon as Biden/Harris takes office. Fracking, Coal Mining jobs are long gone You’re voting for your own unemployment in these states people.
(The Democrat Governors in these states know this believe me, and keep it a secret the best they can. Sacrifice jobs of their citizens for a Biden Presidency. The true definition of swine.)
7. Immediately end all deportations of illegal aliens, Bernie’s website calls it a “moratorium” on deportations.
Democrats Yes.
Republicans No.
8. Reparations for the race’s harmed by Caucasians. Biden & Kamala Harris committed to Al Sharpton to support Sheila Jackson Lee’s reparations bill in the House. Basically, a tax will be levied on all people of Caucasian descent in America. The funds distributed to African Americans. (you can’t make this stuff up)
Democrats Yes.
Republicans No.
9, De-fund & terminate border patrol & ICE. Funds redistributed to other programs.
Democrats Yes.
Republicans No.
10. Climate Change: Biden’s climate change plan will be another tax costing trillions of tax dollars & jobs.
Democrats Yes.
Republicans No.
11. The 2nd Amendment will be under attack even more under Biden. Biden stated, “Beto O’Rourke will be his gun Czar,” “Hel yeah I’m coming for your guns.”
Democrats Yes.
Republicans No.
12. Ending of all private / employer-based health care. “Medicare for all”, Feds run everything. This is Kamala Harris’s baby. Kiss goodbye to your healthcare plan if Biden/Harris is elected.
Democrats Yes.
Republicans No.
13. Illegal Aliens, all non-citizens eligible for welfare, & food stamps. Again taxpayer-funded. (Elizabeth Warren’s plan adopted) Endorsed by Biden & Harris. More taxes.
Democrats Yes.
Republicans No.
14. Free college for all, including illegal aliens & non-citizens (taxpayer-funded with estimates in the billions). Bernie Sanders’s plan adopted. More taxes.
Democrats Yes.
Republicans No.
15. Immediately decriminalize illegal entry into our country. So no need for the Border Patrol.
Democrats Yes.
Republicans No.
16. Open Borders.
Democrats Yes.
Republicans No.
17. Drivers Licenses for illegal aliens (already happening in states with Democrat leadership.) Biden & Harris endorsed.
Democrats Yes.
Republicans No.
18. Democrats permit and agree with the destruction and erasing of our history. Democrat Mayors & Governors remove our monuments/history rather than protect to appease their socialist base.
Democrats Yes.
Republicans No.
Republicans will protect our History. Trump recently enacted a new Law that leftist / rioters face a 10-year prison sentence for damage to a Historical site.
If Joe Biden is elected President America will be on fire…..only Biden won’t send federal officers to help. Biden/Harris will support the rioters.
If you vote for Joe Biden it will be for a far-left platform. Biden has stated many times in the past he is a “progressive.” He will follow the radical left’s agenda or he won’t get the support (and he is) of Nancy Pelosi, Bernie Sanders, Maxine Waters, Karen Bass (Leader Congressional Black Caucus), llhan Omar, Elizabeth Warren, Val Demings, Alexandria Ocasio-Cortez, Valerie Jarrett,. Rashida Talib, Stacy Abrams, Ayanna Pressley, Sheila Jackson Lee, Pramila Jayapal.
(Remember, if you vote for Biden, you are voting for Kamala Harris for President. Biden is a shell of his former self.)
Listed on this page is the core of the socialist’s / radical left-wing of the Democrat party and is firmly in charge. Biden will be a puppet to Kamala Harris and those mentioned above.
James Robert Miles
September 14, 2020 at 9:03 am
And you are a Trump puppet. Another sucker and loser just like the bone spurs President that you support!!
Ian
September 11, 2020 at 9:55 pm
Rep. Demings needs a civics lesson. The ability of states to deny the vote to criminals is enshrined in the U.S. Constitution and has been upheld by federal courts. Congress cannot overturn or rewrite the Constitution by passing a bill.
Cogent Observer
September 12, 2020 at 8:29 am
Thank you, Ian. One would think that a member of Congress would be conversant with the body of law that she swore to uphold. It appears that she is not just misguided and partisan, but also not overly bright.
Ian
September 12, 2020 at 10:31 am
Maybe the reporter needs a civics lesson, too. He didn’t even broach the subject.
Phiberman
September 12, 2020 at 6:52 pm
Cogent – Gail – Ian – let’s talk civics – put your pointed white hoods back on and burn your crosses somewhere else:
We the majority of people of the State of Florida voted in 2018 approving ammendment 4 64.55% Yes and 35.45% No. That’s how it is supposed to work in a democracy but since it appears that the three of you tout living in a Putinocracy…
Ian
September 13, 2020 at 2:31 pm
Phiberman,
Your sad attempts at insults are juvenile. Are you in 6th grade or 7th?
If you’ll read my posts on this page, you might realize that I’ve written only about how Rep. Demings’ bill is in conflict with the U.S. Constitution. Let me know if you care to debate that point.
Cogent Observer
September 12, 2020 at 10:11 pm
Philberman–
You are incorrect for both small and large reasons. We’ll address the small ones first:
1. The word is “amendment”, not “amendment.” That may have just been a careless typo, but also may be indicative of the depth of your analysis.
2. The United States is not wholly a democracy. It has a republican (lower-case “r”) element to it to restrain imprudent outbursts of public opinion from overtaking common sense. That is also why there are three branches of government, with the judiciary there to hold the other two branches in check.
The large reason is that you seem not to have a clear understanding of the process that took place and the reasoning employed that ended in the result that you disdain:
Senate Bill 7066 was signed into law in June 2019. It was designed to implement parts of Amendment 4 of 2018. Specifically, it was intended to require convicted felons to complete “all terms of (the) sentence” including full payment of restitution, or any fines, fees, or costs resulting from the conviction, before they could regain the right to vote. Lawsuits were filed and claims were made that requiring payment of fines and fees before being allowed to vote was unconstitutional.
On 9/11/2020, the 11th Circuit Court of Appeals ruled that the state can require former felons to pay all fines and fees before regaining the right to vote. The ruling said that the plaintiffs in the lawsuit had not shown that their constitutional rights were violated. The court wrote: “The felons complain that it is sometimes difficult to ascertain the facts that determine eligibility to vote under Amendment 4 and Senate Bill 7066, but this complaint is only another version of the vagueness argument we have already rejected. The Due Process Clause does not require States to provide individual process to help citizens learn the facts necessary to comply with laws of general application. … States are constitutionally entitled to set legitimate voter qualifications through laws of general application and to require voters to comply with those laws through their own efforts. So long as a State provides adequate procedures to challenge individual determinations of ineligibility—as Florida does—due process requires nothing more.”
Cogent Observer
September 13, 2020 at 2:54 pm
Forgive me, Philberman. My first point should have quoted your misspelling as “ammendment”. My error, for which I take responsibility.
Comments are closed.