An investigative Essay by John M Jones III (6/15/19)
Yesterday, a fox news personality went on national tv rehashed a hoax being perpetuated upon Florida and its republican government. This hoax is that Florida Senate & Governor recently passed and signed a 'poll tax' against felons and since, they say, most felons are black therefore they passed a poll tax on blacks.
Apparently, this fox talking head and much of the mainstream media don't really care that not even one word of their interpretation of the bill is true. I know this because ANYONE who actually read the bill would know the media scare tactic of screaming 'poll tax' and trying to vilify republicans is a total and utter lie, and I can prove it using this thing we call FACTS not emotions!
The ballot summary for amendment 4 states the following: “This amendment restores the voting rights of Floridians with felony convictions after they complete all terms of their sentence including parole or probation. The amendment would not apply to those convicted of murder or sexual offenses, who would continue to be permanently barred from voting unless the Governor and Cabinet vote to restore their voting rights on a case by case basis” (1)
Since it was passed the constitution, Article VI, Section 4. Disqualifications. Will now read: “(a) No person convicted of a felony, or adjudicated in this or any other state to be mentally incompetent, shall be qualified to vote or hold office until restoration of civil rights or removal of disability. Except as provided in subsection (b) of this section, any disqualification from voting arising from a felony conviction shall terminate and voting rights shall be restored upon completion of all terms of sentence including parole or probation. (b) No person convicted of murder or a felony sexual offense shall be qualified to vote until restoration of civil rights. (2)
The Florida Senate Summary of the bill codifying the amendment reads: “Provides that voting rights are restored upon "completion of all terms of sentence", meaning completion of any portion of a sentence within the four corners of the sentencing document: Nonmonetary (imprisonment, probation/community control, monitored supervision [including parole], any other term); and, Monetary (victim’s restitution, court-ordered fines/fees, any other term). (3) Can you have your sentence complete without paying back monies you owe to the victims or fine to the government?
The ACTUAL language of the Bill relating to Felon voting rights are as follows:
1318 98.0751 Restoration of voting rights; termination of
1319 ineligibility subsequent to a felony conviction.—
1320 (1) A person who has been disqualified from voting based on
1321 a felony conviction for an offense other than murder or a felony
1322 sexual offense must have such disqualification terminated and
1323 his or her voting rights restored pursuant to s. 4, Art. VI of
1324 the State Constitution upon the completion of all terms of his
1325 or her sentence, including parole or probation.
1332 (2) For purposes of this section, the term:
1333 (a) “Completion of all terms of sentence” means any portion
1334 of a sentence that is contained in the four corners of the
1335 sentencing document, including, but not limited to (4)
All FOUR versions MATCH 100%. There is no poll tax. There is no voter suppression just a lot of is lies and deceit by the left-wing media, democrats and those who are too lazy to read the bill before making asinine and ill-informed comments about it!
Let me say it again!! THERE IS NO POLL TAX OR SUPPRESSION!
AGAIN: The ballot amendment summary said: “This amendment restores the voting rights of Floridians with felony convictions after they complete all terms of their sentence including parole or probation.” (1)
The constitutional language said: ”Except as provided in subsection (b) of this section, any disqualification from voting arising from a felony conviction shall terminate and voting rights shall be restored upon completion of all terms of sentence including parole or probation.” (2)
The Senate Summary said: “Provides that voting rights are restored upon "completion of all terms of sentence", meaning completion of any portion of a sentence within the four corners of the sentencing document” (3)
And again the actual bill said: 1320 (1) “A person who has been disqualified from voting based on a felony conviction for an offense other than murder or a felony sexual offense must have such disqualification terminated and his or her voting rights restored pursuant to s. 4, Art. VI of the State Constitution upon the completion of all terms of his or her sentence, including parole or probation.” (4)
The completion of their sentence means that have fulfilled ALL conditions or terms of their sentence that means time served, restitution, court fees and fines ASSESSED at the time the sentence is rendered. It’s not rocket science. Your sentence can’t be complete unless you pay your debt to society including any monetary debts sentenced to you by the judge. This is not a new concept and nothing out of the norm for criminal ANY and ALL cases.
ANYONE who misleads their viewers, readers or followers into believing that Florida is somehow trying to bring back jim crow laws should get a tar and feather bath and run out of town. This is just another example of how the media in cahoots with democrat swamp dwellers try to manipulate the electorate. They are so worried about foreign interference in our elections when there is blatant and constant lying in our own backyards and it is done for no other reason than for political gain & retribution!
In future please read the bills before allowing dc swamp rats & hacks or their criminal media conspirators or people to lazy to read the bills to infect your mind with lies. Educated and informed votes will make decisions based on what best for America not their political party. Americans who put America first are the only ones who can save her from destruction brought by the communists oh I mean democrat party!
P.S. Don’t take my word for it! I have provided source material for you to make up your own mind. Once you do read it you will find that you have been lied to not on just this issue, but if you take the time to be informed voter you will see we ALL are being lied to about a great many THINGS! btw: #is_was_dana_perino
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Source Material
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Ballot summary: “This amendment restores the voting rights of Floridians with felony convictions after they complete all terms of their sentence including parole or probation. The amendment would not apply to those convicted of murder or sexual offenses, who would continue to be permanently barred from voting unless the Governor and Cabinet vote to restore their voting rights on a case by case basis.[23] ”
(1) https://ballotpedia.org/Florida_Amendment_4,_Voting_Rights_Restoration_for_Felons_Initiative_(2018)
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Actual Language changed in the constitution: Article VI, Section 4. Disqualifications.—
(a) No person convicted of a felony, or adjudicated in this or any other state to be mentally incompetent, shall be qualified to vote or hold office until restoration of civil rights or removal of disability. Except as provided in subsection (b) of this section, any disqualification from voting arising from a felony conviction shall terminate and voting rights shall be restored upon completion of all terms of sentence including parole or probation. (b) No person convicted of murder or a felony sexual offense shall be qualified to vote until restoration of civil rights.
(2) https://ballotpedia.org/Florida_Amendment_4,_Voting_Rights_Restoration_for_Felons_Initiative_(2018)
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CS/SB 7066 — Election Administration
by Rules Committee and Ethics and Elections Committee
This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office. Prepared by: Ethics and Elections Committee (EE)
The bill makes substantive changes to the Florida Election Code and implements Amendment 4 to the Florida Constitution, which was approved by the voters of Florida on November 6, 2018, restoring the voting rights of certain convicted felons. Major provisions of the bill include: Voting Rights Restoration (Amendment 4)
-Modifies the voting application to require a person to make an affirmative statement that he or she has been convicted of a felony and if so, has obtained his or her right to vote pursuant to executive clemency or Art. VI, s. 4, of the State Constitution.
-Defines which offenses constitute "murder" and "felony sexual offenses" under the new constitutional provision.
-Provides that voting rights are restored upon "completion of all terms of sentence", meaning completion of any portion of a sentence within the four corners of the sentencing document: -Nonmonetary (imprisonment, probation/community control, monitored supervision [including parole], any other term); and, -Monetary (victim’s restitution, court-ordered fines/fees, any other term).
-Specifies that restitution, fines, and fees ordered by the court do not include any fines, fees, or costs accrued after the date of the sentence.
-Specifies that restitution, fines, and fees be completed in the following manner or in any combination thereof: actual payment; upon the payee’s approval, the termination of such financial obligation by the court; or completion of all community service hours, if the court, unless otherwise prohibited by law, converts the financial obligation to community service.
-Authorizes the court to make certain modifications of the financial obligations to provide relief, provided such modifications do not infringe on a defendant’s or victim’s constitutional rights, but clarifies that this provision does not apply to the conversion of financial obligations to civil liens.
-Provides in s. 98.0751, F.S., that the Department of State (DOS) makes the initial determination on whether the information is credible and reliable regarding whether a person is eligible to vote under Art. VI, s. 4, of the State Constitution, and forwards such to the supervisor of elections.
-Provides in s. 98.0751, F.S., that the supervisor of elections (supervisor) verifies and makes the final determination whether a person who registers to vote is eligible under Art. VI, s. 4, of the State Constitution. The supervisor may request additional assistance from the DOS in making the final determination.
-Grants registrants immunity from prosecution for submitting false voter registration information regarding their eligibility following a felony conviction on registration applications submitted from January 8, 2019 (effective date of Amendment 4) until before July 1, 2019 (effective date of the bill).
-Mandates that the state and county notify convicted felons of the outstanding terms of their sentence with respect to voting eligibility, upon release from custody/supervision.
(3) https://www.flsenate.gov/Committees/BillSummaries/2019/html/2038
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Relevant text of bill 7066
1318 98.0751 Restoration of voting rights; termination of
1319 ineligibility subsequent to a felony conviction.—
1320 (1) A person who has been disqualified from voting based on
1321 a felony conviction for an offense other than murder or a felony
1322 sexual offense must have such disqualification terminated and
1323 his or her voting rights restored pursuant to s. 4, Art. VI of
1324 the State Constitution upon the completion of all terms of his
1325 or her sentence, including parole or probation. The voting
1326 disqualification does not terminate unless a person’s civil
1327 rights are restored pursuant to s. 8, Art. IV of the State
1328 Constitution if the disqualification arises from a felony
1329 conviction of murder or a felony sexual offense, or if the
1330 person has not completed all terms of sentence, as specified in
1331 subsection (2).
1332 (2) For purposes of this section, the term:
1333 (a) “Completion of all terms of sentence” means any portion
1334 of a sentence that is contained in the four corners of the
1335 sentencing document, including, but not limited to:
1336 1. Release from any term of imprisonment ordered by the
1337 court as a part of the sentence;
1338 2. Termination from any term of probation or community
1339 control ordered by the court as a part of the sentence;
1340 3. Fulfillment of any term ordered by the court as a part
1341 of the sentence;
1342 4. Termination from any term of any supervision, which is
1343 monitored by the Florida Commission on Offender Review,
1344 including, but not limited to, parole; and
1345 5.a. Full payment of restitution ordered to a victim by the
1346 court as a part of the sentence. A victim includes, but is not
1347 limited to, a person or persons, the estate or estates thereof,
1348 an entity, the state, or the Federal Government.
1349 b. Full payment of fines or fees ordered by the court as a
1350 part of the sentence or that are ordered by the court as a
1351 condition of any form of supervision, including, but not limited
1352 to, probation, community control, or parole.
1353 c. The financial obligations required under sub1354 subparagraph a. or sub-subparagraph b. include only the amount
1355 specifically ordered by the court as part of the sentence and do
1356 not include any fines, fees, or costs that accrue after the date
1357 the obligation is ordered as a part of the sentence.
1358 d. For the limited purpose of addressing a plea for relief
1359 pursuant to sub-subparagraph e. and notwithstanding any other
1360 statute, rule, or provision of law, a court may not be
1361 prohibited from modifying the financial obligations of an
1362 original sentence required under sub-subparagraph a. or sub
1363 subparagraph b. Such modification shall not infringe on a
1364 defendant’s or a victim’s rights provided in United States
1365 Constitution or the State Constitution.
1366 e. Financial obligations required under sub-subparagraph a.
1367 or sub-subparagraph b. are considered completed in the following
1368 manner or in any combination thereof:
1369 (I) Actual payment of the obligation in full.
1370 (II) Upon the payee’s approval, either through appearance
1371 in open court or through the production of a notarized consent
1372 by the payee, the termination by the court of any financial
1373 obligation to a payee, including, but not limited to, a victim,
1374 or the court.
1375 (III) Completion of all community service hours, if the
1376 court, unless otherwise prohibited by law or the State
1377 Constitution, converts the financial obligation to community
1378 service.
1379
1380 A term required to be completed in accordance with this
1381 paragraph shall be deemed completed if the court modifies the
1382 original sentencing order to no longer require completion of
1383 such term. The requirement to pay any financial obligation
1384 specified in this paragraph is not deemed completed upon
1385 conversion to a civil lien.
(4) https://www.flsenate.gov/Session/Bill/2019/7066/BillText/er/PDF
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