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Civil liberties advocates celebrated after a federal court on Sunday struck down as unconstitutional a Florida law that would have denied the right to vote to nearly a million recently enfranchised state residents with past felony convictions until they paid all outstanding legal fees, fines, and restitution.
After Florida voters in November 2018 overwhelming backed Amendment 4--a ballot initiative that restored the voting rights of Floridians who have fully completed their sentences for felony convictions other than murder or sex crimes--state lawmakers passed legislation that critics condemned as a "modern day poll tax."
U.S. District Court Judge Robert L. Hinkle of Tallahassee concluded (pdf) Sunday that making voting rights contingent on payment for criminal justice services that a state must or chooses to provide represented "a tax by any other name" and violated the U.S. Constitution's 24th Amendment and the National Voter Registration Act.
Rights groups that challenged the Florida law--which was pushed through by Republican state lawmakers and signed by GOP Gov. Ron DeSantis in June 2019--welcomed Hinkle's permanent injunction against SB7066 as "a watershed moment in election law" and "a powerful reminder that no one can trump the U.S. Constitution."
\u201cBREAKING NEWS: We won! A federal court ruled today that Florida's "pay-to-vote" system violates the U.S. Constitution. \n\n#JonesvDeSantis\u201d— ACLU of Florida (@ACLU of Florida) 1590355530
Leah C. Aden of the NAACP Legal Defense and Educational Fund called the ruling "a monumental win for our democracy" while Julie Ebenstein, senior staff attorney with ACLU's Voting Rights Project, said it was "a tremendous victory for voting rights" that could enable hundreds of thousands of Floridians to participate upcoming elections.
Sean Morales-Doyle, senior counsel at the Brennan Center for Justice at New York University Law, said in a statement that this "historic win" in court "opens the way for hundreds of thousands of Floridians to exercise their fundamental right to vote this November--and our democracy will be stronger for their participation."
Although the state is expected to appeal Hinkle's decision--meaning participation in the upcoming November elections remains uncertain for many--the New York Timesnoted that "much of Sunday's ruling is built on a previous ruling by the United States Court of Appeals for the 11th Circuit in Atlanta, which would hear any appeal."
Critics of SB7066 vowed to keep up the legal battle as long as is necessary. The case was brought by the national ACLU, the ACLU of Florida, the Brennan Center, the NAACP Legal Defense and Educational Fund, the Campaign Legal Center, the Southern Poverty Law Center, and the legal firm Paul, Weiss, Rifkind, Wharton & Garrison LLP.
\u201cWe fought for:\n\nBonnie: https://t.co/2tY5JR3i91\nDiane: https://t.co/zZNx5elvlc\nLee: https://t.co/08wLFk5hmA\n\nBut because CLC brought this as a class action, today\u2019s ruling applies broadly to all voters seeking rights restoration in Florida. #JonesvDeSantis https://t.co/BaSRrf8ifo\u201d— Campaign Legal Center (@Campaign Legal Center) 1590353656
ACLU of Florida legal director Daniel Tilley said that "our democracy requires that every eligible voter have equitable access to the ballot box. Instead of embracing this founding principle, the Florida Legislature and Gov. DeSantis enacted a modern-day poll tax to keep people from accessing this fundamental right."
"It should alarm Floridians that there are people occupying the highest echelons of political power in our state who fought to keep Florida tied to its racist past and bar people from voting," Tilley added. "While the state is likely to appeal this decision, we're ready to take this fight all the way to the U.S. Supreme Court."
Tilley and Aden acknowledged the bravery of their clients who participated in the case and spoke out against the law, which they denounced as discriminatory.
"While we're disappointed that the court did not recognize that the legislature's decision to adopt SB7066 was partially motivated by a desire to minimize the political power of black returning citizens, we nonetheless celebrate this important win alongside our brave clients like Raquel Wright, Curtis Bryant, Jr., LaToya Moreland, and the Florida State and Orange County NAACP," said Aden. "Through their compelling testimony and dedicated engagement, they fearlessly stood up against Florida's attempt to put a price tag on voting."
\u201c\u201cThis court decision adds another remarkable chapter in our fight as returning citizens to participate in our democracy." -@DesmondMeade https://t.co/ReusPWYURr\u201d— Florida Rights Restoration Coalition (@Florida Rights Restoration Coalition) 1590359796
The Florida Rights Restoration Coalition (FRRC), a grassroots group run by formerly convicted persons that helped lead the ultimately successful effort to pass Amendment 4, also welcomed Hinkle's decision in a statement (pdf) Sunday and promised to continue fighting for enfranchising Floridians.
"This court decision adds another remarkable chapter in our fight as returning citizens to participate in our democracy," said FRRC executive director Desmond Meade. "We will remain vigilant in our commitment to place people over politics, and ensure that all returning citizens, no matter how they may vote, have an opportunity to possess what we believe to be the most endearing sign of citizenship, the right to vote."
"As the leaders of Amendment 4," Meade added, "we are looking forward to utilizing this court ruling to expand on our registration efforts to create a more inclusive democracy, make voting exciting again, and to coalesce the voices of returning citizens to create a more just and equitable justice system."
Working and low-income progressive women whose congressional runs go overlooked by establishment political action groups have a new resource for funding their campaigns: the newly-launched organization Matriarch.
The group--whose founding members include board director Nomiki Konst, a former candidate for public advocate in New York City; former Nevada assemblywoman Lucy Flores; and former California state assembly candidate Jovanka Beckles--shared its overarching mission on Twitter:
"Working-class women who beat the odds to run for office and win are rare. We won't rest until the exception is the rule," the group tweeted.
\u201cWorking-class women who beat the odds to run for office and win are rare. We won\u2019t rest until the exception is the rule. Introducing @MatriarchOrg, dedicated to electing working women to Congress. Join our movement: https://t.co/3qQd6ljy3g\nhttps://t.co/0RrXWiiPPf\u201d— Matriarch (@Matriarch) 1572019867
The group details its mission statement on its website.
"Now more than ever, we need strong, progressive working women at the helm of government," the statement reads. "Domestic workers. Teachers. Home health aides. Food-service workers. No one knows better what it feels like to work for less than $15 an hour. What it means to have no healthcare. What it tastes like when your tap water runs brown. No one knows better the human cost of gun violence, police brutality, and family separation."
"For working-class candidates, raising huge sums of money in a short amount of time--while also working one or more jobs--is often unthinkable. These are the candidates who need and deserve early assistance and infrastructure support, because they are personally connected to the issues they are fighting for."
--Matriarch"For working-class candidates, raising huge sums of money in a short amount of time--while also working one or more jobs--is often unthinkable," the group continues. "These are the candidates who need and deserve early assistance and infrastructure support, because they are personally connected to the issues they are fighting for."
With more than three dozen progressive women on its founding board--including many former candidates themselves--Matriarch will offer working-class women's campaigns the support and financial backing that larger organizations, like EMILY's List, frequently withhold from candidates who aren't wealthy or backed by rich donors.
Within just days of announcing its launch on social media late last month, Matriarch has already received 1,500 nominations for working-class women's campaigns, according toThe Intercept. The group is taking nominations until December 1 and plans to make its first endorsements by January.
It's a model like the one used by progressive group Justice Democrats, whoendorsed Rep. Alexandria Ocasio-Cortez (D-N.Y.) after receiving her nomination from her brother, when the congresswoman was taking part in protests at Standing Rock Indian Reservation and working as a bartender.
When Ocasio-Cortez challenged former Rep. Joe Crowley in the 2018 Democratic primary for New York's 14th congressional district, the pro-choice PAC EMILY's list declined to endorse her along with a number of other female progressives during that cycle. The group trains, helps fund, and endorses pro-choice women who are running for office, but progressives are critical of the organization for leaving economic justice and working-class women, who generally can't afford to run a campaign full-time and who aren't independently wealthy, out of their mission.
As Konst explained on the podcast "The Majority Report" last month, Matriarch will prioritize financially backing women who run for office with few resources and who make economic justice a central message of their campaigns.
"The goal of the group is to fill a space because we think that economic justice and intersectional issues are not prioritized when supporting women running for office, but also if you're a working woman running for office you most likely don't have access to wealth," Konst said. "So we want to help, really from the ground level, a lot of these candidates."
\u201cMoney should not be a factor for what makes a woman a worthwhile candidate. Introducing @Matriarch, a coalition of progressive women fighting for working class women running on an intersectional economic justice platform. Contribute to our candidates: https://t.co/Vf7rFfoUtw\u201d— Matriarch (@Matriarch) 1572272092
Some of the women on Matriarch's founding team have had their own experiences being passed over for support from EMILY's List.
In 2016, the group endorsed Susie Lee, a wealthy philanthropist, over Flores in the campaign for Nevada's 4th congressional district, reasoning that Lee had "over half a million dollars more in her campaign account than Lucy."
"They continue to exist as if they're these big champions of women, but really what they are is a champion of rich white women," Flores told Buzzfeed News in 2018.
A number of progressive observers applauded Matriarch for offering support for women whose own struggles with poverty and inequality could help them to give working families unprecedented representation in Congress.
\u201cIf there is going to be a PAC how about it represent the working class women? \nOh, cool! There is one now and its called @MatriarchOrg \n@NomikiKonst \n#SundayThoughts\u201d— \ud83c\udf08\ud83c\udf39New York Indivisible #PassNYHealth (@\ud83c\udf08\ud83c\udf39New York Indivisible #PassNYHealth) 1572825014
\u201cgreat new outfit that\u2019s going to help working women rather than just extra-polled, over-connected elites that *ahem* other outfits prioritize\u201d— Thomas \ud83d\udc0b (@Thomas \ud83d\udc0b) 1572298131
\u201cThis seems like a really worthwhile and exciting effort. Don't forget: AOC was tending bar, with few to no resources to mount a campaign, till people who believed in her came along to back her. https://t.co/vdeDunUHAj @MatriarchOrg\u201d— corey robin (@corey robin) 1572026057
\u201cthis is great news -- let's work towards a version of politics that truly represents people\u201d— Jose Martinez-Diaz (@Jose Martinez-Diaz) 1572297125
"Our current electoral system works against working people and is biased towards those who are independently wealthy," Beckles told The Intercept. "We need systemic change that recognizes that--as designed--the status quo automatically significantly eliminates those that are most affected by these policies."
Voting rights advocates in Georgia vowed to fight for the rights of more than 300,000 people in the state whose registrations may be purged from the rolls in the coming weeks by Republican Gov. Brian Kemp's administration.
Secretary of State Brad Raffensperger announced Monday that about 330,000 voter registrations may be canceled in early December if the voters do not confirm that they still live in the state. The purge is targeting people who have not voted in the last five years and could affect about four percent of the state's eligible voters.
"Having a long history of voter suppression, the Georgia secretary of state's office has a responsibility to guarantee that not a single voter is wrongly included on the purge list."
--Lauren Groh-Wargo, Fair Fight Action
"Voters should not lose their right to vote simply because they have decided not to express that right in recent elections," Fair Fight Action's Lauren Groh-Wargo told the Atlanta Journal-Constitution. The group was founded by Stacey Abrams, the 2018 Democratic gubernatorial candidate in the state.
While Kemp was serving as secretary of state in 2017, his office oversaw the largest purge of voter registrations in U.S. history, kicking more than 534,000 people off the rolls. Voting rights groups condemned Georgia's Republican leaders for what they saw as massive voter suppression effort--especially after Kemp went on to win the 2018 election by 1.4 percentage points.
"Having a long history of voter suppression, the Georgia secretary of state's office has a responsibility to guarantee that not a single voter is wrongly included on the purge list," Groh-Wargo told the Journal-Constitution.
This year, election officials will have to notify voters before their registrations are purged--a requirement that wasn't in effect in 2018. Notifications warning of the purge will be sent out to voters' last known addresses in early November and recipients will have 30 days to respond before their names are removed from state records.
The nonpartisan group Georgia Voter Guide posted an image of the form on social media and warned voters to respond if they receive the notification.
Fair Fight also tweeted that it plans to organize volunteer phone banks and other efforts to contact voters who will be receiving the forms.
\u201cFair Fight Action is tracking and analyzing Secretary of State purge data and is currently engaged in litigation that concerns this very issue. We will conduct our own efforts to notify these voters, including volunteer phone banks.\u201d— Fair Fight (@Fair Fight) 1572290746
\u201cWe encourage anyone who receives a postcard to return it right away, and we encourage all voters to periodically check their registration status at https://t.co/1TcHBeCGNY. Any Georgian with questions about voting should call the voter protection hotline at 1-888-730-5816.\u201d— Fair Fight (@Fair Fight) 1572290746
The group filed a lawsuit against the state earlier this year alleging that during the 2018 election Kemp's former office kept voters from the polls by canceling registrations and well as closing hundreds of precincts in rural areas that were largely populated by low-income and black residents.
On Monday, American Public Media (APM) reported that Georgia's voter registration deadline--one of the strictest in the country, requiring voters to register at least 29 days before an election--kept 87,000 people from voting in 2018.
"This is why every state should have Election Day registration," tweeted journalist Ari Berman.
\u201c87,000 people unable to vote in Georgia in 2018 because they registered after the deadline (GA cuts off registration 29 days before election). Voters of color disproportionately affected. This is why every state should have Election Day registration https://t.co/EEGKKGkJj5\u201d— Ari Berman (@Ari Berman) 1572281671
Voting experts say deadlines and confirmation forms like those Georgia is requiring don't reflect the reality of how many Americans vote.
"A significant part of the electorate makes up its mind on the day of the election," political science professor Robert Alexander told APM. "What's important is that people who want to go to the polls should be able to."