When there is a felon who runs for office, there may become pros and cons. Those who are pro may think that felons need to be given a second chance. But those who are cons may think that since they have made mistakes in the past, it is possible for the felons to do the same again.
Margaret Love, co-founder and director of the Collateral Consequences Resource Center, says that in some states where the vote is restored automatically, felons still need to get a pardon or expungement to be able to run for office. How about the regulation of felons running for office in Arizona and Florida? Let’s find out here.
Is It Permissible for Felons to Run for Office in Florida?
Felons usually have some restrictions after they are released from prison. However, does it include running for office? Well, under the Florida Constitution, certain felons are not allowed to vote, serve on a jury, or hold public office until their civil rights have been restored. It means that if felons want to run for office in Florida, their rights need to be restored first. Restoring civil rights can be done by submitting an application to the Office of Executive Clemency.
Furthermore, in the Florida Commission on Offender Review, it is explained that felons who are covered by the Amendment Four are only the right to vote, not the right to sit on a jury or the right to hold public office. If felons want to restore their right to be able to sit on a jury and to hold public office, they need to submit an application to the Board of Executive Clemency.
For your information, on November 6th, 2018, Amendment 4 was passed where it is about Voting Rights Restoration. The amendment restores the voting rights of Floridians who have felony convictions after they complete all terms of their sentence including parole or probation, but the amendment does not apply to people who are convicted because of sexual offenses or murder. The amendment began as a citizen initiative which made ballot position by collecting over 842,000 petition signatures where the amendment passed with 64.55% of the vote and has become part of Florida’s Constitution since January 8th, 2019.
If you want to know more about clemency, you are able to read Rules of Executive Clemency in the Florida Commission on Offender Review site. And if you think that you need to contact the office of Executive Clemency, you are able to use these numbers.
Toll Free: 1-800-435-8286
Fax: (850) 488-0695
Email (applicants who need to update contact information): ClemencyWeb@fcor.state.fl.us
Email (inquiries from law enforcement and government officials):Governmentofficialsclemency@fcor.state.fl.us
Address:
The Office of Executive Clemency
Florida Commission on Offender Review
4070 Esplanade Way
Tallahassee, FL 32399-2450
How About the Right of Felons to Vote in Florida?
As explained earlier, the Florida Constitution states that certain felons are not permitted to vote until their civil rights have been restored. According to the U.S. Vote Foundation, felons who are convicted of a misdemeanor in Florida will not lose their right to vote. However, they need to check voter registration status, register to vote if needed and request an absentee ballot from office administrators at your complex. While awaiting trial for any charge, you are able to vote even though you are incarcerated as long as you do not lose your right to vote because of a previous conviction.
How about felons who did a felony not of moral turpitude? Your right to vote is lost because of it. You will not be able to vote until you have completed your sentence including parole and probation and have paid all restitution, fines and other fees.
Different rule applies to those who committed a felony of moral turpitude in Florida where they will lose their right to vote permanently and they can restore their right to vote if the Governor gives a formal pardon to them. For your information, felonies of moral turpitude are felonies that involve murder or sexual abuse.
Here is the guide to state voting rules that apply after a criminal conviction in Florida according to the U.S. Department of Justice.
|
Have you been convicted of a felony? |
|||
|
Yes |
No |
||
|
Have you been convicted of murder or a sexual offense? |
You are eligible to register to vote |
||
|
Yes |
No |
||
| You are not eligible to vote right now, but you are able to petition the governor to restore your voting rights. | Have you completed your sentence, including incarceration, parole, probation, and payment of any fines, fees, court costs, and restitution? | ||
|
No |
Yes |
||
| You are not eligible to vote right now and you will be eligible to vote when you have completed your sentence, including any fines, fees, costs, or restitution. | You are eligible to vote and your voting rights are automatically restored after you complete your sentence, including probation and parole, and payment of any fines, fees, court costs, or restitution. | ||
After you are eligible, you need to register to vote by reaching officials in your state at:
Florida Division of Elections
R.A. Gray Building, Room 316
500 South Bronough Street
Tallahassee, Florida 32399-0250
Tel: 850-245-6200
Email: DivElections@dos.myflorida.com
Is It Permissible for Felons to Run for Office in Arizona?
According to the Arizona law, namely ARS 13-904, a person who is convicted for a felony offense will suspend their rights to vote or to seek and hold public office. However, if they have served the felony conviction, they may be able to get their rights again.
Compared to most states, as explained on the ABC15 Arizona, Arizona has stricter laws on prohibiting felons from voting and the civil rights restoration process varies depending on someone’s criminal convictions. In Arizona, by law, people who are convicted because of a felony that they committed will lose their right to vote, serve jury duty, run for public office, or own a gun. Meanwhile, in some states, restricting a felon from voting is not done and most states permit felons to vote immediately after they are released from prison or complete their sentence.
According to the American Civil Liberties Union (ACLU) Arizona is one of the seven states which use hybrid models. In this model, some felons can lose their rights for voting permanently or some felons can have additional steps or waiting periods for being able to restore rights. If felons do not follow Arizona’s rules, they can get additional prison time.
If you have a criminal record, but now you want to run for office in Arizona, it is better for you to consult with your lawyer or the authorities to know the rules about it.
How About the Right of Felons to Vote in Arizona?
As explained above, in the Arizona law, namely ARS 13-904, it is explained that a person who is convicted for a felony offense will suspend their rights to vote or to seek and hold public office. However, if they have served the felony conviction, they may be able to get their rights again.
And here is the guide to state voting rules that apply after a criminal conviction in Arizona according to the U.S. Department of Justice.
|
For those who have been convicted of only ONE felony |
||
|
Have you completed your sentence including incarceration, probation, and parole? |
||
|
Yes |
No |
|
|
Have you paid all required restitution? |
You are not eligible to vote now, but you can register to vote when you complete your sentence. It is important for you to note that if you have outstanding fines and fees, you need to check to make sure your probation and parole are considered. | |
|
Yes |
No |
|
|
You are eligible to vote. |
You are not eligible to vote now, but you may be able to petition to restore your rights by filing an application with the Arizona Superior Court. | |
|
For those who have been convicted of TWO or more felony charges |
|||
|
Have you completed your sentence including incarceration, probation, and parole? |
|||
|
Yes |
No |
||
|
Did you serve any time in prison for your felony conviction? |
You are not eligible to vote now and you will be able to petition to restore your rights when you complete your sentence. | ||
|
Yes |
No |
||
| Has it been two years since you completed your last felony sentence in full including any incarceration, probation, and parole? | You are eligible to apply to restore your voting rights and it can be done by submitting an application for rights restoration along with documents that show that you have discharged your sentence to the Arizona Superior Court in the county where you live | ||
|
No |
Yes |
||
| You are not eligible to vote or to apply to restore your rights yet. You need to wait two years after your sentence is absolutely discharged or two years from the date when you completed your sentence in full. | You are eligible to apply to restore your voting rights and you can do that by submitting an application for rights restoration along with documents that show that you have discharged your sentence to the Arizona Superior Court in the county where you live. | ||
Since Arizona’s voting laws can be confusing, you can apply to restore your rights or to ask questions regarding your eligibility at:
Office of the Secretary of State
Elections Division
1700 W Washington St Fl 7
Phoenix AZ 85007-2808
Tel: 602-542-8683
To restore your vote
Tel: (202) 857-0314 or (888) 306-8683 (toll-free)
Email: RestoreYourVote@campaignlegal.org
A bookworm and researcher especially related to law and citizenship education. I spend time every day in front of the internet and the campus library.
