Politics

Life Sentence: Florida’s Refusal for Ex-Felon Voting Rights

Published

11 years ago

February 10, 2015

Florida refuses to restore full constitutional rights to ex-felons. The result? One Black Floridian of every four can’t vote, hold office or serve on a jury.

Special to the NNPA from the Florida Courier

Commit any felony in Florida and you lose your right to vote for life – unless the governor and the clemency board agree to give that right back to you.

150206_front01 The result: More than 1.6 million Floridians – about 9 percent – cannot vote, hold office or serve on a jury, according to The Sentencing Project, a prison reform group. In most states, it’s less than two percent. Only two other states have that tough a policy.

Twenty-five percent of Florida’s Black population – that’s 1 in 4 – can’t vote, even though just 17 percent of the state’s population is Black.

Tougher under Scott

Laws nationwide on whether convicted felons can vote vary widely.

In Vermont and Maine, the currently incarcerated can vote by absentee ballot, while Florida, Kentucky and Iowa are at the harshest end of the spectrum, mandating that all ex-felons lose their civil rights until they petition to have them back. In other states, ex-felons generally get their rights back when they get out of prison or off probation.

In Florida, getting back those rights has become far tougher in the past four years. Under Gov. Rick Scott, 1,534 nonviolent felons had their rights restored. More than 11,000 others applied but are still waiting for an answer.

Only the governor and the three-member Cabinet, who act as the clemency board and meet four times a year, can restore civil rights.

The application process requires a five-year wait for less-serious felonies and seven years for others, along with an application form and, for each felony count, certified copies of the charging document, judgment and sentencing from the clerk of the county where the felony occurred.

Recent change

It wasn’t always so difficult. In 2007, under former Gov. Charlie Crist, Florida relaxed its rules as part of a nationwide trend.

150206_front01b The clemency board automatically restored the rights of nonviolent offenders who served their time – and a total of 155,315 got them back during his four-year term.

Before that, under Gov. Jeb Bush, sentencing forms were not required of people trying to get their rights back, and there was no wait period for the less-serious felonies.

But once Scott and Florida Attorney General Pam Bondi were elected in 2010, Bondi tightened the rules so they were tougher than under Bush.

“The proposed changes are intended to emphasize public safety and ensure that all applicants desire clemency, deserve clemency, and demonstrate they are unlikely to reoffend,” Scott said at the time.

Bondi, who rewrote the guidelines in 2011 to make them more stringent, does not see voting rights in the same light.

“This issue is about felons proving they have been rehabilitated before having their civil rights restored,” said Bondi spokesman Whitney Ray.

Constitutional proposal

Because Florida’s Constitution mandates that all felons lose their civil rights until the clemency board acts, the constitution would need to be amended for any change.

Some members of the Florida Legislature, as well as voting rights groups, are pushing a state constitutional amendment that would return the vote to convicted felons – except those found guilty of murder or sexual offenses – after they have served their time and completed parole and probation.

150206_front01c State Sen. Jeff Clemens, D-Lake Worth, and State Rep. Clovis Watson, D-Alachua, have filed bills asking the legislature to place a constitutional amendment on the ballot in 2016 that would return the vote to nonviolent felons who have served their time and completed parole and probation.

“After someone has served their sentence, they shouldn’t keep being punished for the rest of their life,” said Jessica Chiappone, a Boca Raton lawyer who chairs the political committee Floridians for a Fair Democracy, which plans a petition drive to make that happen.

One experience

Fort Lauderdale native Dr. Rosalind Osgood had her rights returned in 2010. Today, she is a minister, a Broward School Board member, and head of the Mount Olive Development Corporation (MODCO), a faith-based community development corporation focused on economic development and affordable housing. MODCO is affiliated with New Mount Olive Baptist Church in Fort Lauderdale, one of the state’s largest Black churches.

Back in the late 1980s, she was a drug addict living on the streets, twice convicted for cocaine possession. “The more I started using drugs, the more I started needing more drugs,” she said.

Finally, after appearing before a judge while pregnant, Osgood turned her life around. She started hitting 12-step programs finished college, then earned master’s and doctorial degrees. But she said she felt apart from society, unable to vote despite all the gains she had made.

Constant barrier

“Our system is supposed to rehabilitate, to hold you accountable when you go against the law, but to rehabilitate you so you can come back into society,” she said. “I don’t understand why people’s rights aren’t restored. As CEO of MODCO, it’s very hard for me to help people rebuild their lives when they run into these barriers.”

“It’s time-consuming for people that are trying to make a difference and get back on the right track,” Chiappone, chairwoman of Floridians for a Fair Democracy, said. “The system in place makes it easier not to fight that fight.”

Another experience

Chiappone served seven months in a federal prison in the 1990s on drug charges. But by 2008, she was in law school and hoping to pass the Florida Bar exam, which requires test-takers to have civil rights.

Chiappone said that she waited five years to have her rights restored. She said that the clemency board lost her paperwork, then the new guidelines came in, and the new rules applied retroactively.

“It’s incredible, the difficulties you face,” Chiappone said. “And if it’s about integrating people into society, it should be easier, not harder. It’s illogical.”

Not supportive

Bondi’s office does not support efforts to make restoration of rights easier, though the attorney general is open to some reforms. She supported a 2011 law that said state agencies can’t deny applications for licenses, permits or employment based on civil rights status. But private groups, such as the Florida Bar, can still require it.

That irks Chiappone and Osgood.

“If we want felons to be functional members of society, we can’t talk out both sides of our mouth,” Osgood said. “On one side, we want people to get jobs, and work and go to school, and earn their way and make a valuable contribution. But over here, we hold their purse strings, literally, when we don’t restore their rights.”

Dan Sweeney and Lisa J. Huriash of the Sun Sentinel/TNS contributed to this report.

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OP-ED: AB 1349 Puts Corporate Power Over Community

Since Ticketmaster and Live Nation merged in 2010, ticket prices have jumped more than 150 percent. Activities that once fit a family’s budget now take significant disposable income that most working families simply don’t have. The problem is compounded by a system that has tilted access toward the wealthy and white-collar workers. If you have a fancy credit card, you get “presale access,” and if you work in an office instead of a warehouse, you might be able to wait in an online queue to buy a ticket. Access now means privilege.

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Bishop Joseph Simmons, Senior Pastor, Greater St. Paul Baptist Church, Oakland

By Bishop Joseph Simmons, Senior Pastor, Greater St. Paul Baptist Church, Oakland

As a pastor, I believe in the power that a sense of community can have on improving people’s lives. Live events are one of the few places where people from different backgrounds and ages can share the same space and experience – where construction workers sit next to lawyers at a concert, and teenagers enjoy a basketball game with their grandparents. Yet, over the past decade, I’ve witnessed these experiences – the concerts, games, and cultural events where we gather – become increasingly unaffordable, and it is a shame.

These moments of connection matter as they form part of the fabric that holds communities together. But that fabric is fraying because of Ticketmaster/Live Nation’s unchecked control over access to live events. Unfortunately, AB 1349 would only further entrench their corporate power over our spaces.

Power over live events is concentrated in a single corporate entity, and this regime operates without transparency or accountability – much like a dictator. Ticketmaster controls 80 percent of first-sale tickets and nearly a third of resale tickets, but they still want more. More power, more control for Ticketmaster means higher prices and less access for consumers. It’s the agenda they are pushing nationally, with the help of former Trump political operatives, who are quietly trying to undo the antitrust lawsuit launched against Ticketmaster/Live Nation under President Biden’s DOJ.

That’s why I’m deeply concerned about AB 1349 in its current form. Rather than reining in Ticketmaster’s power, the bill risks strengthening it, aligning with Trump. AB 1349 gives Ticketmaster the ability to control a consumer’s ticket forever by granting Ticketmaster’s regime new powers in state law to prevent consumers from reselling or giving away their tickets. It also creates new pathways for Ticketmaster to discriminate and retaliate against consumers who choose to shop around for the best service and fees on resale platforms that aren’t yet controlled by Ticketmaster. These provisions are anti-consumer and anti-democratic.

California has an opportunity to stand with consumers, to demand transparency, and to restore genuine competition in this industry. But that requires legislation developed with input from the community and faith leaders, not proposals backed by the very company causing the harm.

Will our laws reflect fairness, inclusion, and accountability? Or will we let corporate interests tighten their grip on spaces that should belong to everyone? I, for one, support the former and encourage the California Legislature to reject AB 1349 outright or amend it to remove any provisions that expand Ticketmaster’s control. I also urge community members to contact their representatives and advocate for accessible, inclusive live events for all Californians. Let’s work together to ensure these gathering spaces remain open and welcoming to everyone, regardless of income or background.

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2025 in Review: Seven Questions for Assemblymember Lori Wilson — Advocate for Equity, the Environment, and More

Her rise has also included several historic firsts: she is the only Black woman ever appointed to lead the influential Assembly Transportation Committee, and the first freshman legislator elected Chair of the California Legislative Black Caucus. She has also been a vocal advocate for vulnerable communities, becoming the first California legislator to publicly discuss being the parent of a transgender child — an act of visibility that has helped advanced representation at a time when political tensions related to social issues and culture have intensified.

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Assemblymember Lori D. Wilson (D-Suisun City). File photo.

By Edward Henderson, California Black Media

Assemblymember Lori D. Wilson (D-Suisun City) joined the California Legislature in 2022 after making history as Solano County’s first Black female mayor, bringing with her a track record of fiscal discipline, community investment, and inclusive leadership.

She represents the state’s 11th Assembly District, which spans Solano County and portions of Contra Costa and Sacramento Counties.

California Black Media spoke with Wilson about her successes and disappointments this year and her outlook for 2026.

What stands out as your most important achievement this year?

Getting SB 237 passed in the Assembly. I had the opportunity to co-lead a diverse workgroup of colleagues, spanning a wide range of ideological perspectives on environmental issues.

How did your leadership contribute to improving the lives of Black Californians this year?

The Black Caucus concentrated on the Road to Repair package and prioritized passing a crucial bill that remained incomplete during my time as chair, which establishes a process for identifying descendants of enslaved people for benefit eligibility.

What frustrated you the most this year?

The lack of progress made on getting Prop 4 funds allocated to socially disadvantaged farmers. This delay has real consequences. These farmers have been waiting for essential support that was promised. Watching the process stall, despite the clear need and clear intent of the voters, has been deeply frustrating and reinforces how much work remains to make our systems more responsive and equitable.

What inspired you the most this year?

The resilience of Californians persists despite the unprecedented attacks from the federal government. Watching people stay engaged, hopeful, and determined reminded me why this work matters and why we must continue to protect the rights of every community in our state.

What is one lesson you learned this year that will inform your decision-making next year?

As a legislator, I have the authority to demand answers to my questions — and accept nothing less. That clarity has strengthened my approach to oversight and accountability.

In one word, what is the biggest challenge Black Californians are facing currently?

Affordability and access to quality educational opportunities.

What is the goal you want to achieve most in 2026?

Advance my legislative agenda despite a complex budget environment. The needs across our communities are real, and even in a tight fiscal year, I’m committed to moving forward policies that strengthen safety, expand opportunity, and improve quality of life for the people I represent.