Judge Robert Hinkle says the current law is unconstitutional but his ruling is likely to face Republican challenge in key battleground state
The law in Florida requiring felons to pay legal fees as part of their sentences before regaining the vote is unconstitutional for those unable to pay, or unable to find out how much they owe, a federal judge has ruled.
The 125-page ruling, issued by US district court Judge Robert Hinkle in Tallahassee on Sunday, involves a state law to implement a 2016 ballot measure approved by voters to automatically restore the right to vote for many felons who have completed their sentence.
The judge called the Florida rules a “pay-to-vote system” that was unconstitutional when applied to felons who were otherwise eligible to vote but genuinely unable to pay the required amount.
A further complication was how to set the exact amount in fines and other kinds of legal fees owed by felons seeking the vote.
Hinkle ordered the state to require election officials to allow felons to request an advisory opinion on how much they owe, essentially placing the burden on election officials to seek that information from court systems.
