HUGE: Court just declared #Florida’s conditioning voting rights restoration on payment of fines & fees #unconstitutional. It’s wealth discrimination and violates due process, plus a kind of poll tax under 24th Am. Will impact hundreds of thousands. #Amendment4
Very thoughtful 24th Amendment analysis. 24A says the vote “shall not be denied or abridged...by reason of failure to pay any poll tax or other tax.” Court rules that fees and costs assessed to fund the court system are “other taxes.” I think that’s right.
Court also rules it violates due process to condition voting rights on fines and fees when the state can’t even tell people what they owe. And that the new voter reg form violates the NVRA. Very strong analysis.
The Court fashioned a very specific remedy, because the state failed to do so after the PI. Anyone who had a court-appointed lawyer due to indigency is presumed unable to pay and entitled to register to vote now.
People can also request an advisory opinion stating what they owe. If they don't get it within 21 days, they can register to vote. And the state creates some protection from prosecution if it turns out later they were ineligible, since they tried to find out.
Perhaps my favorite side-note in the opinion: Judge Hinkle acknowledges the folly of requiring people to pay to vote in the first place. It's difficult to administer, and there's no good justification. States shouldn't do it.
Congrats to the plaintiffs and lawyers on this historic victory!
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