Florida Voting Rights Report - ACLU Survey

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Written by Muslima Lewis, ACLU Florida

II. The ACLU Survey

For many potential voters, the county elections office is the first stop for information about voter eligibility and civil rights restoration. Therefore, in 2008, the ACLU of Florida conducted a telephone survey of employees in all of Florida's 67 county supervisors of elections offices. The survey was conducted to determine the extent to which state employees know, understand and accurately communicate information concerning the loss and restoration of civil rights following a felony conviction.

The survey reveals that many of Florida's county elections employees are generally confused about how a felony conviction affects voter eligibility. While most county elections officials in Florida are aware that a felony conviction leads to disfranchisement, many officials either provided inaccurate information about the restoration of civil rights process or could not answer basic questions about the process. These employees also provided inconsistent information concerning voter registration practices for people with past felony convictions. Since most county elections offi cials are quick to refer the caller to the Florida Board of Executive Clemency for most questions concerning voter eligibility, it appears that individuals seeking assistance will frequently get the bureaucratic run around when attempting to obtain basic information about Florida's RCR process.

The ACLU of Florida's survey results mirror national findings, which show that elections officials across the country have difficulty understanding and accurately communicating their states' felony disfranchisement policies.^[13] In Florida, as around the country, complex felony disfranchisement policies have resulted in the mass dissemination of inaccurate and misleading information about voting with a criminal record. This has, in turn, led to the de facto disfranchisement of untold numbers of otherwise eligible voters throughout the state who do not vote because they receive inaccurate information about their eligibility.

Election employees' confusion about restoration of civil rights extended to all aspects of the restoration of civil rights process: from what types of convictions lead to disfranchisement, to RCR eligibility requirements, to the process for restoration of civil rights, and a misunderstanding of the procedure for removing people with felony convictions from the voter rolls.

Confusion and misunderstanding about the RCR process within the county supervisors of elections' offices is not surprising. Florida's disfranchisement laws and policies are complicated, and the 2007 rule changes resulted in significant changes in the RCR process. Yet, virtually no meaningful and consistent training has been provided by the state to county supervisors of elections or their staff.

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