Weekend Rewind: Why Florida must overhaul the amendment process

Felon voting rights issues illustrate why Florida must overhaul the amendment process

Bottom Line: Too many dishonest people with many motivations that run counter to what they claim to represent. That’s the crux of the issue with the proliferation of proposed constitutional amendments. There are many examples of how manipulated Floridians have been voting for amendments that run counter to their interests. Take the proposed amendment three pertaining to gambling in 2018. A majority of the people who voted to pass it stated they wanted to make it easier to expand gambling in our state. There’s just one problem. They voted against their interests. It’s just that the marketing campaign by the backers confused them. Ditto medical marijuana in 2016. It was never about basic pain relief – it was the first step towards incrementally introducing it recreationally. But still, nothing I can ever recall has been as disingenuous as the restoration of felon voting rights. 

That’s because I’ve not seen any example in which the backers of an amendment have argued before the Florida Supreme Court for one thing only to legally fight for the complete opposite after passage. The Florida Rights Restoration Coalition are arguably the most prolific liars in Florida’s constitutional history. Attorney John Mills, representing the Florida Rights Restoration Coalition had this specific exchange when having the ballot language considered to appear on Florida’s ballot: 

Florida Supreme Court question: 

So, the restoration of voting rights would also include the full payment of any fines?

John Mill's response on behalf of the Coalition:

Yes, sir

There were two additional follow up questions reaffirming that same pledge. Yet here we are...80% of Florida’s felons haven’t completed financial restitution. Despite answering financial restitution was the intent of the proposal, it was immediately clear that the Coalition was disingenuous. Former felons were being registered to vote without consideration to financial obligations as soon as the amendment to effect. As a result, Florida’s legislators passed legislation mandating the financial restitution as part of the restoration process. That’s where this debate stands as the Coalition challenges the state’s new law before the courts where they previously argued the opposite. The next court battle will take place in a full court setting in April.

I find it to be offensive in addition to being disingenuous. Where are the advocates of victims' rights in Florida? It’s funny how they disappear when they perceive registering as many former felons as possible is politically advantageous to their ideological objectives. But that’s not the crux of this story. Is intellectual honesty too much to ask? Additionally, the proposed amendment only passed by 4% when were told victims would be made whole prior to the restoration of rights. Do you think it’s safe to say that 4% or more people would have not supported it had they been honest in the first place? More to the point, would the Florida Supreme Court have ever allowed it to be placed on our ballots had they not lied? This is as wrong as it gets and in the scheme of dirty politics this is about as gross and abusive as it gets. This does present a teachable moment however. Without a doubt the threshold for proposed amendments to reach our ballots needs to be raised. I will be supporting any and all efforts to do so and encourage you to do the same.


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