Alexandra Shields

Professor Tiffany Isaacs

ENC 1101-0012

8 November 2018

Clemency is an Act of Mercy: When Voting Rights…

Americans are currently enthralled by the issue of millions not being able to vote.

On HBO’s Last Week Tonight with John Oliver, Oliver talks about Leon Gillis and says that

“Gillis served time for robbery and drug convictions. Gillis had been clean eight years and was

even running a drug rehab program when he made his case to the board in 2011 when he made

his case to the Clemency Board to gain his right to vote back. Gillis’ interaction with Scott went

like this:

Scott: So at this point I’m going to deny your restoration of civil rights.

Gillis: Can I ask you a question?

Scott: Yes sir.

Gillis: How long is that?

Scott: I’m not sure. And if, um, you know it, um, I think every case is different.

Gillis: Well what should I do with my life then? If I’m doing everything I’m supposed to

do, and I’m trying and I’m making sure that I do everything I’m supposed to do, then

how long am I supposed to wait?

 Scott: I couldn’t tell you that answer but if, uh, today, I don’t feel comfortable doing

it.”

On November 6th, 2018, Floridians will be lining up to vote in the general election. Expect for

1.5 million people, approximately 10% of Florida’s population, can’t vote says Gabby Deutch

from The Atlantic. Ex-felon like Leon Gills can’t vote even after serving their sentence, all

because of loophole in the 13th amendment.

Right after the Civil War, with racial tensions high after the passing of the 13th Amendment,

many state democratic representatives wanted to deny newly freed slaves their new constitutional

right to vote. When voting taxes and literature tests weren’t enough to do this, they turned their

attention to a loophole in the Constitution that denied convicted felons the right to vote

(DuVernay).

Florida changed its constitution in 1868 to uphold the 13th Amendment but used that one

loophole to target newly freed slaves. These strict laws were so powerful that, by 1958, “just

seven African Americans were registered to vote out of 10,930 black adults in one Florida

county” (“Voting Rights Restoration Efforts in Florida”). This power helped support democratic

representatives to deny black people their constitutional right to vote.

The effects of that amendment can still be seen in Florida today. Unlike other states, “Florida

has the highest disenfranchisement rate in the country” (“Voting Rights Restoration Efforts in

Florida”). Disfranchised laws can vary from state to state. But only three states, in the entire
United States, have permanent disenfranchisement for all people who were convicted of a crime

(Criminal Disenfranchisement Law Across the United States). If you look at the picture below, it

shows what most states do to restore voting rights. Most states restore voting rights, after ex-

felon people serve after completing their prison sentence. While most states restore voting rights

after they serve their sentence, but in Florida, “Gov. Scott’s administration had restored voting

rights to fewer than 2,000 Floridians statewide, while over 20,000 applications remained

pending” (Voting Rights

Restoration Efforts in Florida). It seemed to be no sign that Florida will change. Until 2007,

when Charlie Crist was elected into office.

Governor Charlie Crist

Governor Charlie Crist took the first step by revising rules of executive clemency. This change

helped restore voting rights for nonviolent ex-felon after they served their sentence and

depending on their crime. “A year later, in 2008, Gov. Crist’s office announced that over
115,000 Floridians had regained voting rights since the new rules were implemented”, states

“Brennan Center for Justice”. Although Florida still had Disenfranchise Laws, Governor Charlie

Crist paved the way for new reform to help certain ex-felon get their voting rights back. It

seemed that Florida was making progress to help restore voting rights. But in 2011 with

Republican in charge of the senate, they began to pass laws to make it hard for the American

people, special young people and people of color to vote.

Follow the Pack

Following the 2008 presidential election, many Republican state legister started to make voting

harder for everyone, not just prisoners. It was harder to find their true reason for why they were

making harder to vote, but one senator in Florida named Mike Bennett said, "Do you read the

stories about the people in Africa? The people in the desert, who literally walk two and three

hundred miles so they can have the opportunity to do what we do, and we want to make it more

convenient? How much more convenient do you want to make it? Do we want to go to their

house? Take the polling booth with us? (citation).” But most republican senator started to do

voting reform in order to “prevent voter fraud”. But an article published in New York Time said,

“Election experts say minorities, poor people and students — who tend to skew Democratic —

are among those least likely to have valid driver’s licenses, the most prevalent form of

identification. Older people, another group less likely to have licenses, are swing voters.”

When Governor Rick Scott was elected into office in 2011, he began to follow his fellow party

members. Not only did he start began to decrease the number of polling places, shortening the

number of days of early voting, and making it harder for people for people to registrat to vote. To
no surprise not only did it make it harder for people to vote in Florida, but he also began to

change all of Gov. Charlie Crist work. Brennan Center For Justice stated, “The current clemency

rules… are the most restrictive in several administrations.” Governor Rick Scott got rid of the

new progressive reform, in order to follow his fellow Republican plan to make voting harder for

Americans. and came up with his own clemency reform, that has hurt a significant amount of ex-

felon who are ready to have their voting rights restored.

Florida Clemency Board

As Governor Rick Scott explained in 2016 to one man about why he was denied his requested to

have his voting rights restored, he described, “Clemency is — there's no standard," Scott said.

"We can do whatever we want. But it's ... tied to remorse. And ... understanding that we all want

to live in a law-abiding society" (qtd. Greg Allen). The Florida Clemency Board, is a small

council made up of Gov. Rick Scott and three member of Rick Scott council. In order for ex-

felon to even meet with Clemency Board they first have to wait either 5-10 years, depending on

what type of clemency they desire, after completing their sentence in order to even apply for a

hearing. The Clemency Board only meet 3-4 times a year, so you could wait even longer for a

hearing. This limited meeting, make it impossible for ex-felon to get a hearing at all. If an ex-

felon is lucky to get a hearing there no guide line that Florida Clemency Board follows. Like

Governor Rick Scott said there’s no standard that they follow. If you go to the Clemency Board

Website there is link tittle Rule of Executive Clemency the first paragraph you will see this,

“Clemency is an act of mercy that absolves the individual upon whom it is bestowed from all or

any part of the punishment that the law imposes.” There no Federal rule that the board has to

follow and they don’t have to give a reason why they denied someone there right to vote. “More
than 150,000 Floridians had their voting rights restored during Crist's four years in office. In the

seven years since then, Rick Scott has approved restoring voting rights to just over 3,000 people”

https://thinkprogress.org/florida-clemency-board-voting-692f993dc8c5/

In memory of Leon Gillis

Earlier I talked about Leon Gillis, and how he tried to gain his voting rights back in 2011 but was

sadly deined. I decided to look up Leon Gillis to see what he was up and how he was affected by

not getting his vote rights back. Unfortionally, Leon Gillis the third sadly passed away at the age

of 66 right before his birthday in 2016.

The Future

It seems that Florida will be stuck with Disenfranchised Laws and the Clemency Board. But

people are taking a stand. On the 2018 Florida ballot, there is Amendment that can change that.

Amendment 4 restores voting rights to former felons who served their sentence, including parole

and probation, with the exception of those convicted of murder and sexual offenses. It was the

only citizen intuition amendment that made it on the ballot. More than 799,000 voters whose

signatures were certified on a petition by the group Floridians for Fair Democracy to

place Amendment 4 on the ballot. If Amendment 4 gets the required votes it will be enacted, in

the Florida’s Constitution. It will help restore ex-felon there right to vote.