Appeals Court: Lifetime Ban on Felons’ Voting Rights is Cruel and Unusual Punishment
Mississippi’s lifetime voting ban for people with disqualifying felony convictions has been struck down in a new decision from the United States Court of Appeals for the Fifth Circuit.
The court ruled in the case of Hopkins v. Hosemann that by banning former offenders “from the body politic forever” they will be punished “beyond the term their culpability requires,” according to the decision.
The court argued that the ban, – Section 241 of Article XII in the Mississippi Constitution – “serves no protective function to society” and is thus “a cruel and unusual punishment.”
The policy was derived from the Mississippi 1890 constitution where white lawmakers tried to disenfranchise Black people who they felt were more susceptible to commit certain crimes that would lead to lifetime voting bans.
Source: ABC News
The United States Court of Appeals for the Fifth Circuit covers the states of Mississippi, Louisiana, and Texas. According to the US Vote Foundation, there are 23 barred crimes in Mississippi, including rape and murder.
The state may seek further review, such as en banc review, which allows a larger pool of 5th Circuit judges to review the case.
Currently the State of Florida bars those convicted of homicide and sexual assault/sexual battery from voting unless you apply to the Clemency Board for the Restoration of Voting Rights.
You will be able to vacation on the planet Mars beofre a Florda Governor grants you clemency. I can assure you of that.
Actually, it’s all felony sex offenses. My felony sex offense involved consensual sexual activity with a 16 or 17-year-old (F.S. 794.051(1), a level 6 offense under the Florida Criminal Punishment Code) and I am banned from voting for life. Someone who was released from prison for armed kidnapping or home invasion robbery or whatever other violent crime you can think of other than murder is allowed to vote, but not me.
“serves no protective function to society” and is thus “a cruel and unusual punishment.”
Why “sex offenders” and “murderers”?
Why not “armed robbers” and “arsonists”?
Or “grifting” and “grand theft”?
What makes one class of ex-criminal more (or less) qualified to vote than another?
Indeed, what useful function to society has been achieved by denying citizens-forced-to-register from voting?
Isn’t amendment 4 further codification of a regime of government-fostered hatred??
The legislatures can first look at data to determine how former offenders would likely vote. Since the current law-makers in Florida have really stuck it to those on the registry, these law-maker know those on the registry will vote against them so they choose to not let them vote. People like Ron Book who enjoy the privilege of care-free drunk driving, will make sure that he and his fellow drunk drivers always have the right to vote knowing that college kids who enjoy drinking and driving will move to Florida and vote for those law-makers who are soft on drunk driving and hard on RSOs. Ron Book will not serve jail time, and adjudication will be withheld, meaning he won’t have a criminal record. He had initially been charged with DUI and DUI with property damage.
Heck you could commit voter fraud and get your voting rights back.
That’s a frightening thought. Kind of like the people in the Villages that committed fraud by voting twice, yet got off with community service.
Unfortunately this was decided by just 2 judges both appointed by democratic presidents. The larger, conservative 5th circuit will likely overrule this. But you never know.
Other than the fact that stripping people of their right to vote precedes the Civil War as punishment in this country, therefore, precedent by history, have to wonder what their argument for it would be.
I thin it’s pretty obvious why Florida specifically excludes those convicted for sex crime from eligibility to vote – job security. Over 40k potential voters on the sex offender registry (not all 80k Florida registrants, as an awful lot of them are either dead or out of state) along with their friends and family members is a pretty significant voting block who will remember who the hardcore registry nazis in the legislature are, particularly since many of them campaign on the restrictions and obligations they proposed.