Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
TALLAHASSEE, Fla. - Michelle Latimore fervently hopes Democrat Barack Obama is elected president, but she won't be voting for him.
That's because the Miami woman - the wife of a poll worker and mother of two, including a soldier who has served a tour in Iraq - once was convicted of a felony for buying marijuana. As a result, she lost her civil rights. She said she applied to get them restored two years ago, but that's still pending.
"I can't vote, but I can pray. So that's what I'll do," said Latimore, who works for a traffic signal and street light company. "I can pray for him. I can pray that he wins."
She'll join thousands of former felons - estimates range from 300,000 to more than 900,000 - who'll be staying home on Election Day in Florida because they haven't gotten their rights back. That's even after a rules change last year aimed at speeding up Florida's restoration process for those convicted of relatively minor crimes.
Many other ex-convicts have had their rights restored but remain unregistered because they don't know it. State officials say they've lost track of them and cannot notify them. On the other hand, thousands of ex-cons have been allowed to register and vote even though their rights haven't been restored.
Those are symptoms of a broken system, says Mark Schlakman, senior program director at Florida State University's Center for the Advancement of Human Rights. Schlakman and other civil rights advocates have been pushing for two fundamental changes they say could fix the system, although it's too late to do anything before the Nov. 4 election.
"Voting is a right of citizenship; it is not a privilege," Schlakman said. "It's not a question of coddling criminals. I don't view myself as an advocate for ex-offenders. I'm trying to promote what's in the interests of justice or democratic government."
Once offenders have completed their sentences, including probation or parole, they should get their civil rights back, Schlakman said. That includes the rights to vote, sit on a jury and hold public office.
Florida is one of only 10 states that don't automatically restore civil rights.
Last year's rule change made restoration quicker for some, but those who have committed more serious crimes still must undergo investigations and get approval from the governor and at least two of three Cabinet members. The four sit together as the Board of Executive Clemency. The process can take years and the board turns down thousands of applications.
There's a laundry list of crimes that don't qualify for the fast track. They include murder, rape, lewd conduct, robbery, aggravated battery, aggravated assault, aggravated stalking, first-degree trafficking in illegal drugs, arson, and first-degree burglary.
One problem Schlakman and other advocates face is that rights restoration is tied together with state licensing. While he thinks civil rights like voting should be automatically restored, he agrees the state can and should deny licenses to ex-felons for certain jobs like mortgage broker or teacher where there is a physical or fiscal danger. He thinks the issues should be separated.
"There's no public safety issue in terms of voting," Schlakman said.
His second proposal is for the Clemency Board to revert to an automatic rights restoration rule adopted in 1975 when Reubin Askew was governor. In the 1990s the board, though, started excluding various crimes.
Gov. Charlie Crist said separating rights restoration from licensing is something he might do but he doesn't yet know enough about the Askew rule to comment.
"My heart is to continue to do as much as we can to give people a second chance who truly deserve it," Crist said. "Not everybody feels that way."
One who doesn't is Attorney General Bill McCollum, the lone Cabinet vote against last year's speed up. He's also opposed to the Askew rule and separating civil rights from job credentials.
"I don't believe in automatic restoration of civil rights, including the right to vote or the right to be licensed ... for the first five years," McCollum said.
He said that's because a third of inmates released in Florida are arrested again within three years and nearly half within five years.
"The right to vote is a very precious right and when you're a convicted felon you ought to lose it and not get it back unless you earn it," McCollum said.
The clemency board relies on the Florida Parole Commission to investigate rights restoration applications but it has a backlog of at least 60,000 cases, Schlakman said.
Of the first 112,000 former felons to have their rights restored since the speed up rule was passed, at least 96,000, or about 85 percent, had not registered by the end of July, according to an analysis by the Orlando Sentinel.
Another analysis by the South Florida Sun-Sentinel found about 30,000 former felons had successfully registered to vote although their rights haven't been restored.
Neither finding surprised Muslima Lewis, a lawyer for the Florida chapter of the American Civil Liberties Union who supports Schlakman's proposals.
"We have a very complicated, convoluted and costly system," Lewis said. "The entire process is very cumbersome."
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Florida Times-Union (FL)
Copyright: 2008 The Florida Times-Union
Contact: Jacksonville.com: Letters to the Editor: Submit a Letter
Website: Jacksonville News, Sports and Entertainment from Jacksonville.com
That's because the Miami woman - the wife of a poll worker and mother of two, including a soldier who has served a tour in Iraq - once was convicted of a felony for buying marijuana. As a result, she lost her civil rights. She said she applied to get them restored two years ago, but that's still pending.
"I can't vote, but I can pray. So that's what I'll do," said Latimore, who works for a traffic signal and street light company. "I can pray for him. I can pray that he wins."
She'll join thousands of former felons - estimates range from 300,000 to more than 900,000 - who'll be staying home on Election Day in Florida because they haven't gotten their rights back. That's even after a rules change last year aimed at speeding up Florida's restoration process for those convicted of relatively minor crimes.
Many other ex-convicts have had their rights restored but remain unregistered because they don't know it. State officials say they've lost track of them and cannot notify them. On the other hand, thousands of ex-cons have been allowed to register and vote even though their rights haven't been restored.
Those are symptoms of a broken system, says Mark Schlakman, senior program director at Florida State University's Center for the Advancement of Human Rights. Schlakman and other civil rights advocates have been pushing for two fundamental changes they say could fix the system, although it's too late to do anything before the Nov. 4 election.
"Voting is a right of citizenship; it is not a privilege," Schlakman said. "It's not a question of coddling criminals. I don't view myself as an advocate for ex-offenders. I'm trying to promote what's in the interests of justice or democratic government."
Once offenders have completed their sentences, including probation or parole, they should get their civil rights back, Schlakman said. That includes the rights to vote, sit on a jury and hold public office.
Florida is one of only 10 states that don't automatically restore civil rights.
Last year's rule change made restoration quicker for some, but those who have committed more serious crimes still must undergo investigations and get approval from the governor and at least two of three Cabinet members. The four sit together as the Board of Executive Clemency. The process can take years and the board turns down thousands of applications.
There's a laundry list of crimes that don't qualify for the fast track. They include murder, rape, lewd conduct, robbery, aggravated battery, aggravated assault, aggravated stalking, first-degree trafficking in illegal drugs, arson, and first-degree burglary.
One problem Schlakman and other advocates face is that rights restoration is tied together with state licensing. While he thinks civil rights like voting should be automatically restored, he agrees the state can and should deny licenses to ex-felons for certain jobs like mortgage broker or teacher where there is a physical or fiscal danger. He thinks the issues should be separated.
"There's no public safety issue in terms of voting," Schlakman said.
His second proposal is for the Clemency Board to revert to an automatic rights restoration rule adopted in 1975 when Reubin Askew was governor. In the 1990s the board, though, started excluding various crimes.
Gov. Charlie Crist said separating rights restoration from licensing is something he might do but he doesn't yet know enough about the Askew rule to comment.
"My heart is to continue to do as much as we can to give people a second chance who truly deserve it," Crist said. "Not everybody feels that way."
One who doesn't is Attorney General Bill McCollum, the lone Cabinet vote against last year's speed up. He's also opposed to the Askew rule and separating civil rights from job credentials.
"I don't believe in automatic restoration of civil rights, including the right to vote or the right to be licensed ... for the first five years," McCollum said.
He said that's because a third of inmates released in Florida are arrested again within three years and nearly half within five years.
"The right to vote is a very precious right and when you're a convicted felon you ought to lose it and not get it back unless you earn it," McCollum said.
The clemency board relies on the Florida Parole Commission to investigate rights restoration applications but it has a backlog of at least 60,000 cases, Schlakman said.
Of the first 112,000 former felons to have their rights restored since the speed up rule was passed, at least 96,000, or about 85 percent, had not registered by the end of July, according to an analysis by the Orlando Sentinel.
Another analysis by the South Florida Sun-Sentinel found about 30,000 former felons had successfully registered to vote although their rights haven't been restored.
Neither finding surprised Muslima Lewis, a lawyer for the Florida chapter of the American Civil Liberties Union who supports Schlakman's proposals.
"We have a very complicated, convoluted and costly system," Lewis said. "The entire process is very cumbersome."
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Florida Times-Union (FL)
Copyright: 2008 The Florida Times-Union
Contact: Jacksonville.com: Letters to the Editor: Submit a Letter
Website: Jacksonville News, Sports and Entertainment from Jacksonville.com
