On February 19, the Eleventh Circuit issued a 78-page ruling in Jones v Governor of Florida, 19-14551. By a vote of 3-0, it upholds the injunction issued earlier by the U.S. District Court, holding that Florida ex-felons who cannot afford to pay restitution, fines, and court costs, must be allowed to register to vote. Here is the ruling.
The three judges on the case are R. Lanier Anderson, a Carter appointee; Stanley Marcus, a Clinton appointee, and visiting U.S. District Court Judge Barbara Rothstein, a Carter appointee. The decision says that heightened scrutiny applies to this Equal Protection case. It also came close to asserting that the Florida restriction, at least as applied to the particular plaintiffs, is not even rational.
The case is not over. There will be a trial in U.S. District Court. But in the meantime, the state will need to set up machinery for determining which ex-felons can afford to pay, and which cannot. Evidence so far in this case suggests that 80% of ex-felons cannot afford to pay court costs, restitution, or fines in their cases. It is likely that 1,000,000 individuals can now seek to register to vote.