TALLAHASSEE -- The State of Florida on Wednesday night landed a temporary legal win for its Clemency Board and its process to allow ex-convicts to vote after being incarcerated.

  • Appeals court stays felon voting rights restoration ruling
  • Lower court ruled Florida procedure unconstitutional
  • Felons must wait 5 years after sentence completed to apply

The Eleventh Circuit Court of Appeal issued a stay on a lower judge's ruling that Florida's procedure for restoring voting rights to felons who completed their sentences was unconstitutional.

The State of Florida currently allows ex-cons a chance to apply for voting rights 5 years after their sentencing date end. 

The application is approved by the state Clemency Board - but many argue the process is too discretionary and has led to a backlog of thousands of ex-cons that have applied, but to date have not had voting rights restored.

A judge in Tallahassee ruled against the state and set a deadline for last night for law makers to overhaul the application process, making it easer for ex-cons to have voting rights restored - however the 11th Circuit Court of Appeals sided with the state, essentially giving the governor a win on the state's current process.

At the same time, a demonstration in the state capital today will push Florida voters to approve Amendment 4 on the ballot this coming November.  It would give immediate voting rights to all of Florida's 1.5-million ex-convicts that have served their complete sentences, without the need to apply with the Clemency Board. 

The Reverend Al Sharpton and other local church leaders are expected to attend the demonstration.

Amendment 4 would need more than 60 percent of the vote to pass in November.