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Ex-felon voting rights in Florida: revised rules of executive clemency that automatically restore civil rights to level-1 offenders is the right policy
by:United States Commission on Civil
OCLC Number: (OCoLC)299153646 Subject: Ex-convicts -- Suffrage -- Florida. Excerpt: ... Florida Ex-Felon Voting Disenfranchisement Rooted in State Constitution Historically, Florida's policy of criminal disenfranchisement traces back more than 150 years. Florida's earliest Constitution, adopted in 1838, authorized the General Assembly to enact criminal...
OCLC Number: (OCoLC)299153646 Subject: Ex-convicts -- Suffrage -- Florida. Excerpt: ... Florida Ex-Felon Voting Disenfranchisement Rooted in State Constitution Historically, Florida's policy of criminal disenfranchisement traces back more than 150 years. Florida's earliest Constitution, adopted in 1838, authorized the General Assembly to enact criminal disenfranchisement laws, and in 1845 Florida's General Assembly enacted such a law. The act stated: Be it further enacted, that every person who shall become a candidate for any of the foregoing offices, shall possess the same qualification as that prescribed for a voter, before he shall be eligible to that office. And no person who shall hereafter be convicted of bribery, perjury, or other infamous crime, shall be entitled to the 15 right of suffrage. Following the Civil War, the First Reconstruction Act of 1867 mandated that to re-enter the Union former Confederate states had to adopt new constitutions guaranteeing male suffrage without regard to race. In 1868 Florida convened a second post-war constitutional convention to amend its first post-war constitution, which had denied suffrage to blacks. The 1868 Constitution did comply with the First Reconstruction Act of 1867 and guaranteed universal suffrage to all males. However, Section 4 of the state Constitution continued to contain the prior state 16 Constitutional disenfranchisement provision for ex-felons. Moreover, the 1868 ex-felon disenfranchisement provision was applied more universally and could include persons convicted of certain misdemeanors such as petty larceny. In 1968 the Florida State Constitution was revised for a third time, and although the provision restricting the civil rights of convicted felons was retained in the 1968 revision, only those persons 17 th convicted of felonies could be disenfranchised. Nevertheless, as the 11 Circuit Court noted in the first appeal of Johnson, the historical record gives evidence of a racial 18 animus behi...
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