Arbitrary Rights Restoration

Florida Former Felon Voting Rights Restoration (2018)

In March, 2017, Fair Elections Legal Network and Cohen Milstein Sellers & Toll PLLC filed a class action lawsuit to automatically restore former felons’ voting rights upon the completion of a sentence and end Florida’s arbitrary process for re-enfranchisement. The plaintiffs include nine individuals with felony convictions, many of whom have applied for restoration of their voting rights and have been denied for minor infractions, like traffic violations, or for no reason at all.

In early 2018, District Court Judge Mark Walker ruled Florida’s arbitrary voting rights restoration process for persons with felony convictions violates the 1st and 14th Amendments to the United States Constitution. The Court concluded the process by which Florida officials grant or deny former felons’ restoration of voting rights applications is unconstitutionally arbitrary. The state's lawyers have appealed this decision to the 11th Circuit Court of Appeals. Oral arguments are scheduled for July 25.

Florida is one of four states that denies the right to vote to all persons with felony convictions who have completed their sentences until they petition for rights restoration. 1.68 million Floridians are currently disenfranchised—the highest state total in the nation. 1.48 million of those people have already completed their sentences, and over 10,000 are waiting for a hearing on their restoration applications.  This includes men and women of all different political parties, races, ethnicities, ages, from cities and rural areas, as well as veterans, small business owners and others.


Full Text of the Hand v. Scott Complaint (4.27.17)

Order Granting Plaintiffs’ Motion for Summary Judgment (2.1.2018)

Order Directing Entry of Judgment (3.27.2018)

11th Circuit Court of Appeals Stay Order (4.25.2018)

Appellants' 11th Circuit Brief (5.25.2018)

Appellees' 11th Circuit Brief (6.21.2018)

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Media inquiries: rrobinson@fairelectionscenter.org

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