SOME FAST MOVING
DEVELOPMENTS THIS WEEK IN THE
ON GOING DEBATE OVER RESTORING
FELONS' RIGHTS TO VOTE IN THE
STATE OF FLORIDA.
THIS WEEK WAS SUPPOSED TO BE
THE DEADLINE FOR GOVERNOR RICK
SCOTT AND THE CLEMENCY BOARD
TO CRAFT A NEW PLAN.
THAT WAS AFTER A FEDERAL JUDGE
RULED THE CURRENT PLAN WAS
UNCONSTITUTIONAL.
AFTER CALLING A LAST-MINUTE
EMERGENCY MEETING ON THURSDAY,
A FEDERAL APPEALS COURT
STEPPED IN, PUTTING
EVERYTHING, INCLUDING THE
VOTING RIGHTS OF MORE THAN 1.6
MILLION POTENTIAL VOTERS ON
HOLD.
I BELIEVE THAT MEETING WAS ON
WEDNESDAY NIGHT, BY THE WAY.
BUT, ANYWAY, JOINING US ONCE
AGAIN TO EXPLAIN WHERE
EVERYTHING STANDS, AND GET A
LITTLE FURTHER INTO THIS, NEWS
CHANNEL 8 LEGAL ANALYST,
FORMER PROSECUTOR FELIX VEGA.
LET'S START WITH THE MEETING
THE GOVERNOR WAS SCHEDULED TO
HAVE.
WHAT WERE THEY PLANNING TO DO,
AND WHY DID THE APPEALS COURT
STEP IN?
THEY RELEASED A PLAN LAST
MINUTE.
THEY SCHEDULED THIS FOR 9:30
WEDNESDAY NIGHT.
THEY ENDED UP NOT DOING IT
BECAUSE THE APPEALS COURT STEP
IN.
ONE OF THE THINGS THEY WEREN'T
GOING TO CHANGE, THE 70
CLASSES OF FELONIES THAT PUTS
YOU IN THE SEVEN-YEAR WAITING
LIST.
YOU SEE SOME OF THEM HERE.
THIS IS NOT GOING TO CHANGE AT
ALL.
THE ONLY THING THEY WERE GOING
TO CHANGE ACCORDING TO THE
DRAFT REPORT I SAW, THEY WERE
GOING TO CHANGE THE AMOUNT OF
TAME THEY HAD TO MAKE A
DECISION ON FELON VOTING IS
RIGHTS.
THEY ENDED UP NOT HAVING TO DO
THAT.
THE CIRCUIT CAME IN, DECIDED
THEY WERE GOING TO STEP IN.
THEY GRANTED A STAY.
WE'VE HEARD THAT TERM A LOT.
BASICALLY THEY PUT EVERYTHING
ON HOLD.
THE PLAN TO COME UP WITH A NEW
PLAN, HOLD ON, WAIT A SECOND.
THEY BASICALLY RELIED OWN A
1969 SUPREME COURT CASE THAT
SAID THIS WHOLE SCHEME WAS
CONSTITUTIONAL UNDER THE 14th
AMENDMENT.
THEY WENT A LOT INTEREST THE
FACT OF THE CASE AND KIND OF
MADE A RULING AHEAD OF TIME
THAT'S FAVORABLE TO THE STATE
SAYING THEY DO HAVE THE RIGHT
TO HAVE THE PLAN IN PLACE AND
THAT UNDER THIS 14th AMENDMENT
STATES DO HAVE THE RIGHT TO
TAKE AWAY VOTING RIGHTS OF
FELONS.
HOWEVER, IT'S SILENT ON HOW
LONG THAT PROCESS.
THAT'S AT THAT TIME HEART OF
THIS ENTIRE CASE.
NOT ONLY THE CONSTITUTIONAL
TEA BUT THE FACT THAT IT TAKES
SO LONG TO GET A DECISION
TURNED DISCRETION OF THAT
BOARD.
YOU SEE THE BOARD ONLY MEETS
FOUR TIMES A YEAR IN
TALLAHASSEE.
YOU ONLY GET 10 MINUTES.
FIVE MINUTES FOR YOU, FIVE
MINUTES FOR ANYONE THAT YOU
WANT TO TESTIFY ON YOUR
BEHALF.
VERY INTERESTING.
IMPORTANT TO NOTE THOSE
FELONIES THAT WERE LISTED, YOU
CANNOT HAVE YOUR VOTING RIGHTS
RESTORED.
YOU HAVE TO WAIT SEVEN
YEARS TO APPLY.
AND THERE'S A IF I HAVE-YEAR
WAITING PERIOD FOR ALL THE
OTHER TYPES OF FELONIES, BUT
AGAIN, THE BOARD ONLY MEETS
FOUR TIMES A YEAR IN
TALLAHASSEE.
THEY HAVE A TEN-MINUTE
HEARING.
THAT'S THE CRUX OF.
THIS YOU LOOK AT WHAT ARE THE
OTHER THINGS THAT THE BOARD
CAN CONSIDER.
THAT'S THE DISCRETION OF THE
BOARD AS WELL.
THESE ARE SOME OF THE ISSUES.
DRUG OR ALCOHOL USE SINCE YOUR
RELEASE, THE APPLICANT VOTED
ILLEGALLY, THAT CAME UP, WHAT
JUDGE WALKER WAS RELYING ON IN
ORDER TO SAY THIS WHOLE SYSTEM
IS PREJUDICE AND BASE ON MANY
DIFFERENT TERMS.
SO THAT'S WOULD THEY'RE
LOOKING AT IN TERMS OF THOSE
TYPES OF THINGS.
THEY LOOK AT YOUR FAMILY LIFE,
YOUR ATTITUDE, WHETHER OR NOT
YOU'RE SHOWING REMORSE.
ALL THESE DISCRETIONARY
THINGS.
IF ONE PERSON SAYS THE WRONG
THING THAT COULD PREVENT THEM
FROM HAVING THE VOTING RIGHTS
RESTORED BECAUSE IT'S IN THE
SOLE DISCRETION OF THE BEEF
NOR AND THE CLEMENCY BOARD.
A TON OF POWER.
THAT IS WHAT THE BOARD, SOME
OF THE THINGS THEY CAN
CONSIDER.
LET'S TALK ABOUT THE FEDERAL
JIG TALLAHASSEE SAYING THAT
ALL OF THAT WAS
UNCONSTITUTIONAL AND ORDERED
THE GOVERNOR TO COME UP WITH
THE NEW PLAN.
WALK US THROUGH THE REASONS
WHY HE DID THAT.
BASICALLY THEY FOUND IT
INCONSTITUTIONAL FOR SEVERAL
ROPES.
ONE, IT DISENFRANCHISES FELONS
BASED ON RACE.
I THOUGHT WAS INTERESTING
BECAUSE HE DESCRIBED THIS AS
CASE OF FIRST IMPRESSION FOR
ONE REASON.
THE SUPREME COURT HAS RULED ON
VOTING RIGHTS CASES BEFORE BUT
THEY LOOK AT THE RIGHT TO VOTE
IN THE BROADER CONTEXT.
HE ACTUALLY WENT INSIDE WHAT
IS IN YOUR RIGHT TO VOTE,
THINGS LIKE THE FREE SPEECH,
FREEDOM OF EXPRESSION, YOUR
RIGHT OF FREE ASSOCIATION.
THIS IS AN INTERESTING THING
BECAUSE HE OF YOUD THE PEOPLE
GATHERING TOGETHER, BINDING
TOGETHER IN ORDER TO SUPPORT A
CANDIDATE.
THOSE ARE ALL THINGS THAT WERE
TAKEN AWAY BY YOUR RIGHT TO
VOTE.
HE DID HE VEED IT UP INTO
THOSE THREE DIFFERENT THINGS.
ALSO, UNDER THE 14th
AMENDMENT, BECAUSE IT VIOLATED
YOUR DUE PROCESS RIGHTS, THAT
THERE WAS NO UNIFORM WAY TO
HAVE YOUR RIGHTS RESTORED.
ALSO EQUAL PROTECTION BECAUSE
IT EX SCUDDED THOSE 1.6
MILLION POTENTIAL VOTERS AND
PUT THEM IN A DIFFERENT
CATEGORY.
LET'S TAKE A LOOK AT SOME
OF THE EXPLICIT THINGS.
I READ THESE COURT CASES
ALL THE TIME.
I LIKE TO SHOW THE VIEWERS
WHAT'S INSIDE THE REASONING OF
THE JUDGE.
THIS WAS A COUPLE OF THE
QUOTES.
THE SCHEME IS CRUSHINGLY
RESTRICTIVE.
THAT'S THE HIGHEST LEVEL OF
REVIEW FOR ANY COURT
ESPECIALLY ON THESE ISSUES.
HE POINTED TOUT POTENTIAL
BASES THAT COULD NOT POISON
THE WELL OF VOTER
REGISTRATION, TAKING SQUARE
AIM AT THE GOFFE NORMAL AND
THE OFFICIALS.
SOME OF THE OTHER ONES THAT HE
CALLED INTO PLAY, WHAT'S MORE,
PLANS OFFER ENOUGH EXAMPLES
FOR THIS COURT 20 IN FEHR THAT
SUCH DISSCREAM NATION IS NOT
SOME COCAMAMY IDEA.
AS FAR AS THE LENGTH OF THE
PROCESS, INDEFINITE CAN
KICKING IS NOT SOME FLORIDIAN
FAIRY TALE LIKE A LINELESS
SPACE MOUNTAIN.
THERE WERE EXAMPLES WHERE
PEOPLE WERE WAITING 11, 12, 20
YEARS TO GET THEIR RIGHTS
RESTORED.
THE JUDGE TOOK A STRONG STANCE
AGAINST IT.
IT IS NOW UP ON APPEAL.
THE APPEALS PROCESS WILL PLAY
OUT BUT THEN THERE'S ALSO THE
AMENDMENT THAT'S STILL PENDING
THAT MIKE VASALINDA TALKED
ABOUT.
IF THE CASE SUBPOENA ON APPEAL
AND IT IS -- CASE SUBPOENA ON
APPEAL, THEN THE -- CASE IS UP
ON APPEAL, THEN THE COURT IS
GOING TO HAVE AN INTERESTING
TIME.
THE COURT HAS RESTORED THE
RIGHTS OF MILLIONS OF VOTERS.
ARE THEY NOW GOING TO TAKE
THAT AWAY?
COLTS, TEND TO GIVE VOTERS
DISCRETION.
THEY ARE.
THEY WOULD BE VERY HARD-
PRESSED TO TAKE AWAY THAT
RIGHT ONCE IT'S BEEN RESTORED
BY THE WILL OF THE PEOPLE.