Amid
the highlights of the US midterm election results—apart from
the Democratic victories in Congress--was the triumph for voting
rights in the state of Florida. The nation’s third
largest state, which often plays an important role in
presidential elections, voted overwhelmingly to approve a
constitutional amendment restoring the right to vote for those with a
felony conviction. This is a major step forward in a nation where
millions of people are denied a basic right of citizenship, based on
laws rooted in a legacy of racism.
Passing
with 64%
of the vote, in excess of the 60%
supermajority threshold required for passage, Amendment 4
restores voting rights to Floridians who were convicted of felonies,
provided they have completed their sentences. The measure excludes
people who were convicted of murder or felony sex offenses.
The
impact of the new law is sweeping, affecting 1.5 million people in
Florida who have been stripped of their voting rights due to a
criminal record, or 9.2%
of the state’s voting-age population. For people of color,
the implications of Amendment 4 are even more pronounced, as the
measure grants the vote to 20% of African-American adults in Florida
who have been barred from the franchise due to a felony record—and
a staggering 40%
of African-American men.
Many
would be surprised to know that in the so-called “land of the
free,” the right to vote is not automatic for many. In a nation
that originally limited voting to white-male landowners and regarded
enslaved people as three-fifths of a person with no citizenship
rights, the right to vote has been granted to marginalized groups
only through protest, and in some cases such as the US civil rights
movement, bloodshed and martyrdom.
During
the Reconstruction era following the American civil war, liberated
black people had the right the vote, and took advantage of it,
electing
2,000 black officials, a governor
of a US state, senators
and members
of Congress - many of them former slaves. The pathway to political
empowerment for black people ended when white men retook control of
the Southern states, presided over a rollback of civil rights, and
denied voting rights to African-Americans by law and through
intimidation, threat of physical violence and death. Felony
disenfranchisement laws have their origins in the era of American
apartheid, the days of racial segregation, as a means of suppressing
black aspirations and rendering them invisible.
Florida’s
felon disenfranchisement law dates back to 150
years ago, when white elites were faced with the prospect of
thousands of new black voters rendering white men a minority of the
state’s voting electorate. A lifetime voting ban on people with
a felony record muted black political power, with a racialized regime
targeting black men and singling them out for punishment with
trumped-up charges and crimes designed solely for them. The laws
eliminated thousands of black people from civic participation for
life and made them unavailable as political competitors.
Across
the country, as of 2016, 6.1
million people were unable to vote because of a felony
conviction, with Florida accounting for roughly one quarter,
according to the Sentencing Project. This includes 1 in every 40
adults, 1 in every 13 African-Americans and 1 in every 56 non-black
voters. With the recent changes in Florida, of the 34 states that
impose voting restrictions on past criminal convictions, only
Kentucky
and Iowa are the only remaining states imposing lifetime
disenfranchisement, according to the Brennan Center for Justice.
Although
the changes to the Florida law are a positive and decisive step in
furtherance of democracy, America is experiencing a voting rights
crisis. For all of the ample evidence of foreign intervention in US
elections, American officials are effectively denying the rights of
their fellow citizens, working in earnest to rig elections, and block
people of color, students, the elderly and others at the ballot box
through restrictive voter
ID laws.
The
rightwing US Supreme Court has gutted the enforcement mechanism of
the Voting
Rights Act, allowing states and localities to deny racial
minority groups’ access to democracy with reckless abandon.
Between 2014 and 2016 alone, states purged nearly 16
million voters from their voter rolls. The nation’s high
court also allowed the unlimited role of money in politics—legalized
corruption-- with its decision in Citizens
United v. Federal Election Commission. Gerrymandering
of electoral districts amplifies the voice of the majority,
entrenches the powerful and sidelines the interests of marginalized
groups.
And
in this most recent election, as black candidates Andrew Gillum and
Stacey Abrams were poised to capture the respective governorships of
Florida and Georgia, the civil rights group NAACP
is investigating voting irregularities in those states.
Despite
these many challenges, the restoration of voting rights to the
formerly incarcerated in the Sunshine State is cause for celebration,
as those who have served their time and paid their debt to society
should have the opportunity to participate as productive members of
society.
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