Miami – When Florida voters approved a constitutional amendment in 2018 to restore ex-felons’ voting rights once they complete their prison terms, state legislators added stipulations including they first must complete restitution payments to their victims and reimburse the jail system fees accumulated while incarcerated.

The uproar led to the arrests of dozens of ex-felons in Gov. Ron DeSantis’ crackdown operation for illegal voting. The targets of the crackdown voted because they thought they were eligible to cast ballots in Florida.

A federal lawsuit is now forcing the state to clarify the voting mechanism for ex-felons based on the constitutional amendment. The plaintiffs argued that ex-prisoners’ constitutional rights are being violated.

Last week, the state Division of Elections released a proposed rule which includes a one-page form for felons requesting what are known as "advisory opinions" from state lawyers to make clear if ex-felons are eligible to vote.

According to the proposal, state elections officials were issued a two-week deadline to clearly lay out "whether a form is complete", requiring notification of the felon within 14 days of the specific deficiency or the need or any specific additional information."

Under the proposal, the state is mandated to respond within 90 days of receiving a request for an advisory opinion.

However, if the proposal is approved, the changes likely will not commence before the Oct. 7 deadline to vote in the Nov. 5 election.

Executive Director of Florida Rights Restoration Coalition Desmond Meade, one of the plaintiffs in the lawsuit and who spearheaded the 2018 constitutional amendment, said the proposal is a step in the right direction.

“It is crucial that individuals seeking to vote, especially during election season, receive clear guidance on their eligibility. We look forward to continuing to engage with the state to break down barriers to full participation in our elections,” Meade said in a statement.

Meade led the campaign to place the constitutional amendment on the ballot to have ex-felons’ voting rights in Florida restored once they have completed their sentences except those convicted of murder, sexual and violent crimes.

The ballot was approved by 65 percent of the voters, allowing over 1.4 million ex-felons to vote.

However, a federal appeals court ruled in 2020 that Florida can bar ex- felons from voting if they owe court fines and fees and restitution to the victims linked to their crimes.

The federal appeals court sided with DeSantis and the Republican-controlled Legislature that the constitutional amendment would require ex-felons to complete all terms in their sentencing including parole or probation before restoring their voting rights.

The fees, fines and other court costs put some ex-felons at a disadvantage because they couldn’t afford the amounts the courts handed down for restitution.

A 2023 study by The Sentencing Project found that Florida leads the nation in disenfranchised felons with 1.15 million, with 81 percent of them unable to vote because of a financial obligation tied to their sentence.

However, some were allowed to vote because elections officials throughout the state erred by sending them their voter registration cards.

As a result, more than two dozen people have been arrested for voting illegally under DeSantis’ Office of Elections Crimes and Security operation.

Many of the people who were arrested said they were convicted felons who believed they were eligible to vote and were provided voter registration cards.

Neil Volz, deputy director of the Florida Rights Restoration Coalition, commended the state for taking “a positive step in improving election integrity” and streamlining the advisory opinion procedure.

“For years, we have advocated for needed reforms on the front end of the election process. Considering there was no deadline in place before, this updated process will help ensure clarity and assurances for Floridians on their voting eligibility. People’s lives and our election system will be improved by these changes,” said Volz, a convicted felon whose rights were restored by DeSantis and the Florida Cabinet.