Judge: Process to restore voting rights is unconstitutional

TALLAHASSEE, Fla. (WOFL FOX 35) - A federal judge has ruled that Florida’s process for restoring felons’ voting rights is unconstitutional, calling it a “scheme” and “nonsensical.”

U.S. District Judge Mark Warner also said the process takes too long and uses “mythical” standards.

The Florida Constitution says that each governor and their cabinet should act as the clemency board, leaving it up to each governor to create his or her own process for restoring voting rights.

The process put in place by Governor Rick Scott and Attorney General Pam Bondi in 2011 requires most ex-felons to wait and least five years.

Before they can cast a ballot, they have to make their case to the board and the governor hast he final say. 

In the scathing ruling, Warner takes issue with the fact that the current policy says the governor can deny clemency at “any time, for any reason.”

Warner notes that standards aren’t clear.

He looked at a number of cases and found, in similar circumstances, some felons had their rights restored while other didn’t.

The governor’s office released a statement after the ruling which said: “The Governor believes that convicted felons should show that they can lead a life free of crime and be accountable to their victims and communities."

The ruling comes less than two weeks after activists succeeded in getting a measure on the November ballot that would automatically restore voting fights for felons.  The decision has no effect on the ballot measure.