Press Releases

Attorney General William Tong

08/04/2020

AG Tong Joins 20-State Coalition Against Florida's Unlawful Pay-to-Vote System For Formerly Incarcerated Citizens

(Hartford, CT) – Attorney General William Tong today joined a coalition of 20 Attorneys General, led by D.C. Attorney General Karl A. Racine and Illinois Attorney General Kwame Raoul, in opposing a Florida “pay-to-vote” law that blocks formerly incarcerated citizens from voting if they have not paid all court-ordered financial obligations.

In an amicus brief filed Monday the coalition argues that the law unlawfully hinges the right to vote on court-ordered financial obligations and does not provide an adequate process for determining the amount owed. The coalition also notes that this law disproportionately harms and disenfranchises Black, Latinx, and low-income returning citizens.

“Voting is one of the most important and sacred things we do each year as Americans. This law targets Black and Latinx voters and further disenfranchises former felons who need to be reintegrated into their communities,” said Attorney General Tong. “At a time when voting rights are under attack at both the state and federal level, we will continue to work tirelessly to protect Americans’ right to vote.”

In this amicus brief, the states collectively support the plaintiffs’ challenge to the law because pay to vote laws harm low-income returning citizens who may be unable to immediately pay off their financial obligations. Furthermore, Florida has not set up an administrative process that would allow people to determine how much they might owe. The attorneys general also argue that this law contradicts several studies that found expanding voting rights to former felons promotes reintegration.

As of 2016, approximately 4.7 million former felons in the United States — about 1 in every 40 adults — have completed the terms of their incarceration but are denied voting rights because of various state laws. Studies show that allowing former felons to vote benefit both the returning citizens and the communities they rejoin after incarceration by fostering civic participation and reducing recidivism.

In 2018, Florida voters approved a constitutional amendment that automatically restored the voting rights of some felons “upon completion of all terms” of their sentences, “including parole or probation.” In response, the Florida Legislature enacted SB-7066, which defined “completion of all terms of sentence” to include any financial obligations included in the sentence.

Following a legal challenge to SB-7066, the district court blocked enforcement of the law, and the case is now on appeal to the U.S. Court of Appeals for the Eleventh Circuit. If the Court upholds the law, nearly one million Florida residents would be unable to vote because they have unpaid legal financial obligations.

Attorneys General Racine and Raoul are leading today’s amicus brief and are joined by Attorneys General from California, Colorado, Connecticut, Delaware, Hawaii, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Vermont, Virginia, and Washington.
Twitter: @AGWilliamTong
Facebook: CT Attorney General
Media Contact:

Elizabeth Benton
elizabeth.benton@ct.gov

Consumer Inquiries:

860-808-5318
attorney.general@ct.gov