Dear Supervisors of Elections,
Please find attached the federal court Order (with two attachments) entered on May 24, 2020 in the "Amendment 4/SB 7066" case (Jones et al. v. DeSantis et al.; U.S.District Court, North District, Case No. 4:19cv300-RH/MJF). Please review the Order in its entirety.
The court has declared that:
(1) Statewide voter registration application form (DS-39). The post-SB 7066 version of the statewide voter registration application can no longer be used as it violates the National Voter Registration Act. Please remove any links to this form from your website and link solely to this adopted version of the statewide voter registration application form English PDF / Español PDF (version 10/2013 pre-CS/SB 7066)
(2) Fees and costs. The requirement to pay fees and costs as a condition of voting is unconstitutional. In other words, ‘legal financial obligations’ is defined to mean solely fines and restitution, if ordered as part of the sentence.
(3) Fines and restitution. A person who is genuinely unable to pay fines and restitution, as may have been ordered as part of their sentence, may not be precluded from registering and/or voting. This inability to pay is presumed, in the absence of credible and reliable evidence that the person is currently able to pay the financial obligations at issue, if:
- the person had an appointed attorney or was granted indigent status in the last proceeding that resulted in a felony conviction, or
- the person submits a financial affidavit that, if submitted in connection with a felony proceeding in a Florida circuit court, would be sufficient to establish indigent status under Florida Statutes § 27.52, or
- all financial obligations that would otherwise disqualify the person from voting have been converted to civil liens.
Please note that information set forth in a., b., or c. is not required for someone with an inability to pay to register or vote; rather, the information merely creates a presumption.
(4) Advisory Opinion
- A convicted felon is entitled to request an advisory opinion from the Division of Elections regarding:
- a request for a statement of the amount of any fine or restitution that must be paid to make the requesting person eligible to vote and/or
- inability to pay fine or restitution using prescribed form.
- The Division of Elections is required to post online the form* to request an advisory opinion from the Division.
- Each defendant Supervisors of Elections must make available at each office and must post online a notice of the right to request such an advisory opinion from the Division of Elections. The Supervisor must make the required form available in hard copy and directly online or by link to state website. Request for an Advisory Opinion Form
(5) Statement of Rules
a. The Division of Elections must make the attached statement of rules governing eligibility to vote after a felony conviction available online and in hard copy.
b. Each defendant Supervisors of Elections must likewise post at its offices and online a statement of rules governing eligibility to vote after a felony conviction. Standards Governing Eligibility to Vote after a Felony Conviction
We are currently reviewing internally and finalizing the requisite advisory opinion request form* to be made available to you and online as soon as possible. Spanish translated documents will also be provided.
We are also reviewing our options and further guidance as to this order will be forthcoming as needed and if anything changes.