Q&A: Florida’s voting rights lawsuit could tilt 2020 presidential election
https://www.palmbeachpost.com/news/20200505/8203qa-floridas-voting-rights-lawsuit-could-tilt-2020-presidential-election
A federal civil rights trial wrapping up in Tallahassee may resolve the question of whether felons in Florida who have served their prison sentences – but can’t afford to pay court fines and fees – will be allowed to vote in the upcoming election.
No one can say for sure, but the trial’s outcome could affect whether President Donald Trump wins Florida – and the White House. Trump won Florida over Hillary Clinton by fewer than 113,000 votes in 2016, and the verdict could add hundreds of thousands of new Florida voters to the election calculus.
The legal battle is between Republican Gov. Ron DeSantis and 17 plaintiffs, represented by the American Civil Liberties Union, Brennan Center for Justice and the NAACP. In a twist, it’s being conducted virtually amid the COVID-19 pandemic, with lawyers and witnesses appearing via video conference.
As part of the case, U.S. District Judge Robert L. Hinkle previously issued a preliminary injunction in October that temporarily restored the voting rights of the 17 plaintiffs. The trial’s outcome will affect the voting rights of as many as 1.4 million felons in Florida, including hundreds of thousands with unpaid court fines and fees.
Here’s what you need to know about the case:
When will a jury decide its verdict?
It won’t. There is no jury. The federal judge, Hinkle, will announce his verdict in what is known as a bench trial. It’s unclear how long the judge may take to render his decision, but deadlines are looming: Campaigns are in full swing, the deadline is July 20 for voters in Florida to register to cast ballots in the general election and the judge almost certainly will not want to wait that long.
How will the judge rule?
Like in most trials, we can’t say for sure. The judge hasn’t given many hints during last week’s testimony, except to overrule a number of objections by the governor’s lawyer. But Hinkle’s interim rulings in the matter, including the preliminary injunction, appeared to be a clear sign that he considers the plaintiff’s assertions credible that overdue court fines and fees might represent an unconstitutional poll tax, at least for felons who can’t afford to pay them.
How could this affect the 2020 presidential election?
Florida is a swing state, which means that its electoral votes are regularly up for grabs for both Democrats and Republicans. Trump, who recently declared himself a Florida resident and visits the state regularly, beat Clinton for Florida’s popular vote by a mere 1.2 percentage points in 2016. The presumptive Democratic nominee, former Vice President Joe Biden, has regularly been polling slightly ahead of Trump during April. According to the Florida Division of Elections, there are 4.83 million Republicans and 5.12 million Democrats with active voter registrations – plus 3.6 million independent voters – as of Feb. 29. Florida’s governor’s mansion and its Legislature are controlled by Republicans, who are eagerly trying to deliver Florida to Trump.
How much money can a felon owe?
It can be hundreds of dollars. So-called Legal Financial Obligations apply to all fines, fees and restitutions that are part of a criminal sentence involving costs for a public defender or jail time. Restitution acts as compensation to victims who suffered loss as a result of a perpetrator’s crime. According to a report by expert witness Dan A. Smith, chairman of the political science department at the University of Florida, almost 80% of the more than 1 million ex-felons in Florida owe at least $500 in legal fees.
What happened so far in the trial? see link. has audio, too