Florida has since Interpreted this Court’s Stay of the District Court’s Injunction as an Invitation to Deny otherwise Eligible Florida Voters of Due Process, when the State, and those Voters using Due Diligence, Cannot determine whether or How Much they must Pay-to-Vote.
Without this Court’s Clarification, otherwise Eligible Voters will be left without Clear Guidance regarding their Eligibility to Register and/or Vote in upcoming Florida Elections.
The Court should Clarify that it has Not Stayed the District Court’s Ruling that Conditioning Voting on Payment of “amounts that are unknown and cannot be determined with diligence is unconstitutional,” and therefore those who “genuinely do not know if they [have disqualifying] outstanding financial obligations from their sentences,” are Permitted to Register and Vote absent Credible and Reliable Information from the State showing they do in fact have Outstanding Disqualifying Outstanding Court Fees and Fines.
On February 19th, 2020, a Court Panel Unanimously Affirmed the District Court’s Preliminary Injunction in this Case, ruling Florida Cannot Prevent “plaintiffs from voting based solely on their genuine inability to pay” Court Fees and Fines.
On May 24th, 2020, after an Eight-Day Bench Trial, the District Court issued a 125-page Decision, applying Jones I as the Controlling Eleventh Circuit Precedent, and holding:
(1) Florida’s “pay-to-vote” Scheme Absent an Ability to Pay Exception Constitutes Wealth-Based Discrimination and, thus, is Unconstitutional under the Fourteenth Amendment.
(2) Aspects of Florida’s Pay-to-Vote system Violate the Twenty-Fourth Amendment.
(3) The Voter Registration Form required by SB7066 (“July 2019 Voter Registration Form”) Violates the NVRA because it requires Disclosure of Information beyond what is necessary, Amount of Court Fees and Fines, to Assess a Voter’s Eligibility.
(4) Conditioning Voting on Payment of “amounts that are unknown and cannot be determine with diligence is unconstitutional”.
NYC Wins When Everyone Can Vote! Michael H. Drucker
