23 September 2020

Felons Voting

 

Convicted felons who have served their complete sentences more easily will be able to vote the Florida elections.

Under Florida law, a felon gets restoration of some rights, including voting rights, after serving their sentence and discharging their probation or parole, if any. You can like that; you can dislike it; but it’s like any constitutional law, it’s the law until it’s changed.

There was a recent change in Florida law to require the payment of fines, restitution and financial obligations before the restoration of rights.  Decisions of the Supreme Court hold that you cannot hold money over the head of any defendants.  This MAY be unconstitutional, but has not yet gone to the Supreme  Court.

On the question of felons voting, I can argue that either way. I prefer the West Virginia rule, that felons just can’t vote.  I can live with the Florida rule without worrying. Of COURSE it has to do with party politics. Most actions of the law and government depend on party politics. Do think that Democrats support and Republicans oppose statehood for DC and Puerto Rico? If they were solid Republican districts, the parties’ position would be reversed and – this part is scary – each party would BELIEVE that they were right. If you have doubts about motivations, confirmation bias as well of ego, explains a lot.

Mike Bloomberg is complicating the mix. He is going to pay $16 Million of HIS money – which he earned legally and paid taxes on - to pay Florida felons’ fines, etc., so that they can register to vote.

Rep. Matt Goetz, an active and colorful Florida Republican, says that this violates Florida law. Apparently, Florida Attorney General Ashley Mooney agrees, and there is a criminal investigation going against Bloomberg and his cronies. (“Cronies” is intentionally a perjorative term; If I approved, I might call them “supporters.”  Language does matter.)

The Florida statute says:

104.012 Consideration for registration; interference with registration; soliciting registrations for compensation; alteration of registration application.

(1) Any person who gives anything of value that is redeemable in cash to any person in consideration for his or her becoming a registered voter commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. This section shall not be interpreted, however, to exclude such services as transportation to the place of registration or baby-sitting in connection with the absence of an elector from home for registering.

. . .

Does Bloomberg violate this?

Maybe.

Maybe in 2000, Michael Moore violated a similar statute at rallies,   He threw packages of underwear and ramen noodles to the audience to make some sort of point which now escapes me. They talked about investigating him, too, but no front-line prosecutor would think of touching it.

I certainly wouldn’t.

And I wouldn’t touch Bloomberg, either.

I consider what Bloomberg has done a pretty scurvy trick. So there. Others disagree. Aah, the First Amendment in action. But it’s a personal conclusion based largely on liberal/conservative, Democrat/Republican/Libertarian/Green/etc. considerations, not something Biblical.  He didn't kill anybody or - this time - bear false witness or covet his neighbor's ass.  He's pulling a pretty imaginative political trick. 

Criminal investigations need to be done when a person has done something BAD, that s/he KNEW was bad. Jeffrey Epstein deserves one. Lots of people deserve one. Trump does not. Pelosi does not. Bloomberg does not.

We have to filter the governments prosecuting powers through reasonable people, people who look for a good reason to say “No.” To me, that’s a measure of good government, looking for a reason not to interfere rather than salivating for a reason to say “Yes, go for it.” (“Salivate” is another intentional choice. Words count.)

Bloomberg wants to make people more likely to vote Democrat be able to register. He targets his money to assist them. Republicans (etc.) should just say, “Damn, that bastard Bloomberg has put one over on us. How do we get more Republicans registered?” After all, a goal of parties is to get like-minded people to vote.

But don’t enlist prosecutors to apply the law in a partisan manner. 

 And for every time it’s been tried by one party, the cronies of another party can point out an identical case.  Only the names change.

It’s sad. I don’t know that honor is continually being chased out of American government.


PS – I just got a used copy of “Don’t Buy Another Vote; I Won’t Pay for a Landslide,” by Dr. Allen Loughry. I bought it used because (1) it was cheap even though in “very good” condition, and (2) the money didn’t go to the author. The premise of the book is that West Virginia politics is corrupt. Which the author proceeded to prove himself when he was convicted of a felony, resigned from the Supreme Court, and was disbarred. Notably, the book tells the story of both Governor Arch Moore (Republican, a friend) and Governor Wally Barron (a Democrat, I never met him), both convicted felons.



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