In response to statewide pressure, Gov. Charlie Crist finally makes restoration of civil rights a little easier.

BY STARLA VAUGHNS CHERIN
FLORIDA COURIER

A chance to vote and get a decent job are immediate concerns for many ex-offenders in Florida hoping to get their civil rights restored.

In June, Florida Gov. Charlie Crist announced that more than 115,000 former felons who complete their sentences would be given back their civil rights, including the right to vote, hold public office, serve on a jury, and obtain state and local licenses for certain types of work.

Nelson Cologne has been working at having his individual rights restored since his release from the Florida State prison system 11 years ago.

ACLU helps navigate restoration process
“I think they are holding it up because they know that most of the people are going to register Democrat,” Cologne said about his case. “In Florida, you are not an ex-felon. You are still a felon. I filed papers when I was first released, but the forms and the people made you feel it was impossible. Since I’ve been working with the ACLU, it is the first time anything positive has happened.”

Cologne signed up with the Florida Rights Restoration Coalition (FRRC), a coalition of more than 55 organizations. He also is working with the American Civil Liberty Union’s Rights Restoration assistant Elton Edwards, who helps individuals navigate the maze to restore their voting privileges, hold certain jobs and apply for occupational licenses.

Pressure by community-based organizations was a contributing factor that made Gov. Crist sign Executive Order #08-179 on Wednesday. The order requires the Florida Office of Executive Clemency and the Florida Parole Commission to use “all of its available resources to notify those whose civil rights have been restored” and requires common-sense measures such as computer verification of restoration and voter registration information to be mailed to ex-felons who have successfully restored their rights.

‘Lost opportunity’
“We are pleased that Governor Crist responded to the request we and the Florida Rights Restoration Coalition made last December to facilitate the right to vote for thousands of people whose voting rights had been restored,” said Howard Simon, executive director of ACLU of Florida.

Muslima Lewis, senior attorney and director of the ACLU of Florida’s Racial Justice and Voting Rights Projects, was less enthusiastic.

“This was a lost opportunity. Had he issued (the order) when we asked him to do so more than eight months ago, thousands more Floridians would have benefited. Waiting until August 27th, when there are just over five weeks to register to vote for the November general election, greatly diminishes the impact of the Governor’s action.

“In addition, had he issued this order in December when requested, and when 60 employees of the Department of Corrections were on loan to the Parole Commission to process restoration of civil rights cases and before the Parole Commission staff was cut, more people would have been impacted,” Lewis said.

‘Lockout’ can lead to more crime
Attorney Randall Berg Jr., founder of the Florida Justice Institute, says a “lockout’’ in getting rights restored is what most affects his clients.

“By now, there are close to a million people in the state of Florida without their civil rights. What it really means is they can’t qualify for a number of better-paying jobs and they can’t be licensed.

“It becomes a self-fulfilling prophecy. Can’t get a job, can’t support your family, can’t pay taxes. It makes it almost inevitable that they will commit more crimes just to live.”

BET series will address issue
Black Entertainment Television (BET) will air “Locked Out – Ex-Cons and the Vote” as part of a series chronicling felony disenfranchisement. It airs Aug. 29 at 11:30 p.m. and Aug. 31 at 1:30 p.m.

Tiawan Daniels, featured in the BET series, was released 11 years ago. He was arrested at 16 and sent to adult court. Last year, he passed a state exam to receive a state license to sell annuities, but could not receive the license until his civil rights were restored.

“Once it happens (a felony charge), it gives a negative mark because anytime anyone sees you have a felony or your rights have been taken away, you are no longer considered a regular citizen of society with the same benefits and rights,” Daniels told the Florida Courier. “You feel a sense of hopelessness.”

‘Level 1’ ex-felons still must file
The FRRC’s Web site, www.restorerights.org, outlines how to apply for rights restoration. Crist’s efforts to streamline the process divides ex-felons into three levels, making “Level 1’’ offenders eligible for automatic restoration of rights without a hearing before the state’s clemency board.

According to the Florida Department of Corrections, nearly 300,000 people are Level 1 offenders who were convicted of crimes that permit them to regain their voting rights under the new rules. But because of backlogs created by the cumbersome process, the majority of those potential voters remain unable to cast a ballot in November.

Daniels is a Level 1 ex-offender, eligible to automatically have his rights restored, but the FRRC advises even those at Level 1 to file an application.

Lots of red tape
“There is a lot of yellow and red tape. I filed last year in June and am still waiting for them to give the final OK. Nothing really happened until this year,” Daniels said.

Edwards helped make the process easier, according to Daniels. Edwards calls the state regularly – sometimes two to three times a week – to check on the status of Daniels’ application.

Crist’s new law modified the process but not the underlying law that stipulates who is eligible, Attorney Berg said. “They didn’t change the crimes that are listed in Rule 9A, which governs who is eligible for restoration without a hearing. It didn’t change the underlying rule and, as a result, it’s much ado about nothing.

Governors change restoration rules
“Rule 9A lists the crimes for which you are not eligible for restoration without a hearing. People are caught in the position of waiting years. In 1975, Gov. Reuben Askew, after attending clemency hearings, determined it was a complete waste of time and repealed Rule 9A, making rights restoration automatic.

“Gov. Lawton Chiles changed it and re-instituted rule 9A. As a result, the list of crimes for which you are ineligible has grown to where it really is very difficult for anyone or very few to qualify for rights restoration without a hearing,” Berg explained.

Automatic misconceptions
Edwards says automatic restoration is one of the biggest misconceptions.

“Some people have been out of custody for 10 to 30 years and haven’t received a certificate (of restoration of civil rights),” Edwards said.

“For that to happen, it means contacting people, going into the database, informing them their rights are restored and ‘here’s your certificate.’

That isn’t being done.

“You have to initiate and stay on the process. Once I began the process, I spoke with people who informed me that you need to make calls at least two or three times a week to let these people know you are serious about getting your rights restored.”