A Florida law forcing former convicts to reimburse court fees, fines and compensation as a prerequisite for regaining their right to vote is unconstitutional, according to a federal judge's decision on Sunday, May 24.
Florida, in the southeast of the United States, is one of the "Swing states", that is, a state that could fall into the fold of the Democratic Party or the Republican Party from one election to the next. It is crucial for Republican President Donald Trump if he wants to win a second term in November.
Judge Robert Hinkle's decision therefore opens the door to the registration of hundreds of thousands of former convicts on the electoral roll in this state where presidential elections are often held in check.
"Pay to vote"
This law adopted in 2019 creates a system that amounts to "Pay to vote", which affects nearly a million people, noted the judge. "This system is unconstitutional because it concerns people who otherwise can vote but who are genuinely unable to pay the required amount".
For many detainees – often black or Latin American, and poor – it is difficult if not impossible to settle their legal debts. Republican Governor of Florida Ron DeSantis has the opportunity to appeal.
Seventeen former detainees, represented by human rights organizations, had filed a lawsuit. Justice Hinkle's decision applies to everyone in their case. The former detainees had obtained the unconditional right to regain their voter status by a referendum in 2018, intended to revoke a law dating back 150 years aimed at preventing blacks from voting.
This new possibility does not, however, apply to those convicted of murder or a crime of a sexual nature. But after the referendum, the governor had promulgated a law making the reimbursement of judicial debts a condition, which has now been rejected by the federal courts.
