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'I'm going to beg for mercy': a Florida woman's years-long struggle to vote 'I'm going to beg for mercy': a Florida woman's years-long struggle to vote
(about 2 months later)
Her hands trembling and tears forming in the corners of her eyes, Sheila Holcomb sat down in a sterile basement of the Florida state capitol building. Before her, perched behind a curved wooden cabinet bench, sat four members of the state’s executive working their way swiftly through the morning’s agenda of 90 cases.Her hands trembling and tears forming in the corners of her eyes, Sheila Holcomb sat down in a sterile basement of the Florida state capitol building. Before her, perched behind a curved wooden cabinet bench, sat four members of the state’s executive working their way swiftly through the morning’s agenda of 90 cases.
The 54-year-old was here for a single reason: to regain the right to vote.The 54-year-old was here for a single reason: to regain the right to vote.
“I don’t think I can do this,” she whispered as she sat waiting. “I don’t think I understood what I was getting into.”“I don’t think I can do this,” she whispered as she sat waiting. “I don’t think I understood what I was getting into.”
She was listed as case number 77 that morning and had watched as dozens of people, all former felons, got up before her and pleaded with the state’s Republican governor Rick Scott and three other members of his administration to restore their civil rights. There are no rules at these hearings: no due process, standards or criteria.She was listed as case number 77 that morning and had watched as dozens of people, all former felons, got up before her and pleaded with the state’s Republican governor Rick Scott and three other members of his administration to restore their civil rights. There are no rules at these hearings: no due process, standards or criteria.
“It’s a cross between The Jerry Springer Show and a trial in Soviet Russia,” said Jon Sherman, the senior counsel at the Fair Elections Center. “It’s a kangaroo court that sits in judgment of people’s lives and whether they’ve turned them around post-sentence. The governor and his cabinet can make any determination for any reason – stated or unstated.”“It’s a cross between The Jerry Springer Show and a trial in Soviet Russia,” said Jon Sherman, the senior counsel at the Fair Elections Center. “It’s a kangaroo court that sits in judgment of people’s lives and whether they’ve turned them around post-sentence. The governor and his cabinet can make any determination for any reason – stated or unstated.”
Holcomb looked at the board and felt a sense of shame. “I’m just going to have to eat it and beg for mercy,” she said, still whispering. “There’s a lot of people getting raked over the coals for stuff that happened a long, long time ago.”Holcomb looked at the board and felt a sense of shame. “I’m just going to have to eat it and beg for mercy,” she said, still whispering. “There’s a lot of people getting raked over the coals for stuff that happened a long, long time ago.”
Across the United States, over six million people cannot vote due to criminal convictions. But nowhere is this population of disenfranchised higher than in Florida, America’s largest swing state, which bars over 1.5 million people – over one in ten citizens – from casting their ballot because of prior offenses.Across the United States, over six million people cannot vote due to criminal convictions. But nowhere is this population of disenfranchised higher than in Florida, America’s largest swing state, which bars over 1.5 million people – over one in ten citizens – from casting their ballot because of prior offenses.
While the majority of former felons across America have these rights restored automatically after completing their sentence, Florida is among just three states that permanently disenfranchise ex-offenders and require them to personally petition the government to get their rights back, even after they have served their sentence and completed probation. Applicants in Florida with felonies deemed “more serious” are often invited to appear before the board.While the majority of former felons across America have these rights restored automatically after completing their sentence, Florida is among just three states that permanently disenfranchise ex-offenders and require them to personally petition the government to get their rights back, even after they have served their sentence and completed probation. Applicants in Florida with felonies deemed “more serious” are often invited to appear before the board.
Sheila Holcomb had waited over a decade for her five minutes in the state capitol, even though her conviction had been for a crime so small – a minor theft – she was not sentenced to prison. She had applied for clemency in 2008 and waited for years before the board offered her a slot.Sheila Holcomb had waited over a decade for her five minutes in the state capitol, even though her conviction had been for a crime so small – a minor theft – she was not sentenced to prison. She had applied for clemency in 2008 and waited for years before the board offered her a slot.
America steals votes from felons. Until it stops, our democracy will be weakened | Russ FeingoldAmerica steals votes from felons. Until it stops, our democracy will be weakened | Russ Feingold
“I’d almost given up on it,” she said in an interview the day before the hearing, as she sipped a cocktail from a flask in a bid to calm her nerves. “And it could all change in a matter of months.”“I’d almost given up on it,” she said in an interview the day before the hearing, as she sipped a cocktail from a flask in a bid to calm her nerves. “And it could all change in a matter of months.”
Ahead of the midterm elections on 6 November, Florida is also preparing for one of the most important referendums in its history. Next month, Floridians will not only vote to elect politicians, but will also decide on whether to amend the state constitution to restore voting rights to former felons who have not been convicted of murder or sex offenses. If Amendment 4 is carried, it could endow the franchise to the largest single group since women’s suffrage in 1920.Ahead of the midterm elections on 6 November, Florida is also preparing for one of the most important referendums in its history. Next month, Floridians will not only vote to elect politicians, but will also decide on whether to amend the state constitution to restore voting rights to former felons who have not been convicted of murder or sex offenses. If Amendment 4 is carried, it could endow the franchise to the largest single group since women’s suffrage in 1920.
As the commission called her name, Holcomb ambled towards the lectern. She cleared her throat, held back her tears, and began to plead her case.As the commission called her name, Holcomb ambled towards the lectern. She cleared her throat, held back her tears, and began to plead her case.
Florida’s felony disenfranchisement laws stem back to the Reconstruction era, rooted in the racism of the post-civil war south when so-called “black code” laws criminalised swaths of the African American population. By the 1870s it is estimated around 95% of convicts in the south were black, meaning taking the vote from felons, along with a raft of other discriminatory laws, effectively barred African Americans from voting.Florida’s felony disenfranchisement laws stem back to the Reconstruction era, rooted in the racism of the post-civil war south when so-called “black code” laws criminalised swaths of the African American population. By the 1870s it is estimated around 95% of convicts in the south were black, meaning taking the vote from felons, along with a raft of other discriminatory laws, effectively barred African Americans from voting.
In proclaiming victory over the creation of Florida’s new constitution in 1872, Republican lawmaker WJ Purman reportedly boasted he had prevented the state from being “niggerized”.In proclaiming victory over the creation of Florida’s new constitution in 1872, Republican lawmaker WJ Purman reportedly boasted he had prevented the state from being “niggerized”.
Today the makeup of ex-offenders is markedly changed. Although African Americans are disproportionately criminalized – around one in five cannot vote in Florida – the majority of disenfranchised felons are white. There is no reliable way to predict how restoring the right to vote would swing Florida’s notoriously tight elections.Today the makeup of ex-offenders is markedly changed. Although African Americans are disproportionately criminalized – around one in five cannot vote in Florida – the majority of disenfranchised felons are white. There is no reliable way to predict how restoring the right to vote would swing Florida’s notoriously tight elections.
“Today, [the law] is like a cancer. It has metastasized to affect everyone – white, black, Latino, and it also affects people of every political stripe – Republican, Democrat, Libertarian, independent,” said Sherman.“Today, [the law] is like a cancer. It has metastasized to affect everyone – white, black, Latino, and it also affects people of every political stripe – Republican, Democrat, Libertarian, independent,” said Sherman.
This non-partisan divide is a bonus for Amendment 4 campaigners who need 60% to win the referendum. Recent polls have indicated 71% support the move.This non-partisan divide is a bonus for Amendment 4 campaigners who need 60% to win the referendum. Recent polls have indicated 71% support the move.
“For us, this is really about a movement of people who support a simple premise: when a debt is paid, it’s paid. We believe that folks from all walks of life support this and want to take this forward,” said Neil Volz, the political director of the Florida Rights Restoration Coalition. Volz, a former Republican political consultant, is also a former felon who pleaded guilty to political corruption charges over a decade ago and has been barred from voting ever since.“For us, this is really about a movement of people who support a simple premise: when a debt is paid, it’s paid. We believe that folks from all walks of life support this and want to take this forward,” said Neil Volz, the political director of the Florida Rights Restoration Coalition. Volz, a former Republican political consultant, is also a former felon who pleaded guilty to political corruption charges over a decade ago and has been barred from voting ever since.
An affluent white woman, Holcomb had voted for both sides of politics. She had held political fundraisers for both Republicans and Democrats at her home in central Florida. She kept details of her conviction completely secret, even from her closest family, for years.An affluent white woman, Holcomb had voted for both sides of politics. She had held political fundraisers for both Republicans and Democrats at her home in central Florida. She kept details of her conviction completely secret, even from her closest family, for years.
Like many disenfranchised felons, her prior offense was non-violent. But talking about what happened, the night before the clemency hearing, was an ordeal in itself.Like many disenfranchised felons, her prior offense was non-violent. But talking about what happened, the night before the clemency hearing, was an ordeal in itself.
“It’s a shame thing,” she said. “For so long I had buried it so deep that I didn’t tell anybody. I was always… I still am, a rule follower, a good citizen. Straight A-student. When this happened it was absolutely devastating.”“It’s a shame thing,” she said. “For so long I had buried it so deep that I didn’t tell anybody. I was always… I still am, a rule follower, a good citizen. Straight A-student. When this happened it was absolutely devastating.”
US inmates mark end of prison strike with push to regain voting rightsUS inmates mark end of prison strike with push to regain voting rights
It was 1994 in Orlando and Holcomb, then a US postal worker, was convicted of a credit card theft, deemed a federal felony as the card had gone missing from her assigned mail. The details of the crime are contested, but Holcomb maintains she had no idea it was taken and suggests her ex-husband took it out of her mailbag when she was not looking.It was 1994 in Orlando and Holcomb, then a US postal worker, was convicted of a credit card theft, deemed a federal felony as the card had gone missing from her assigned mail. The details of the crime are contested, but Holcomb maintains she had no idea it was taken and suggests her ex-husband took it out of her mailbag when she was not looking.
The card was used to purchase around $700 worth of sporting goods at a local store. She pleaded guilty, she said, in a bid to take the blame for her husband so he could keep his job. She divorced him soon after the incident and they have never spoken again.The card was used to purchase around $700 worth of sporting goods at a local store. She pleaded guilty, she said, in a bid to take the blame for her husband so he could keep his job. She divorced him soon after the incident and they have never spoken again.
“I didn’t know the severity of what was going on. So I just took it. I took the rap. There was no money lost; all the was merchandise returned,” she said. “But I’m not looking for sympathy.”“I didn’t know the severity of what was going on. So I just took it. I took the rap. There was no money lost; all the was merchandise returned,” she said. “But I’m not looking for sympathy.”
The trauma of the incident had stayed with her throughout her life – she moved to another city straight afterwards, and set up her own business in an attempt to restart. The bid for clemency was not just about the right to vote, but also another step towards moving on.The trauma of the incident had stayed with her throughout her life – she moved to another city straight afterwards, and set up her own business in an attempt to restart. The bid for clemency was not just about the right to vote, but also another step towards moving on.
“This has been 25 years in the making,” she said the night before the hearing. “I’m surprised that I feel so terrified about it.”“This has been 25 years in the making,” she said the night before the hearing. “I’m surprised that I feel so terrified about it.”
During his seven years in office, Governor Rick Scott, who this year is running as the Republican nominee for the US Senate, has rolled back a number of reforms geared to streamline franchise restoration, while simultaneously making the process more laborious. Former felons are now forced to wait between five and seven years after completing probation to lodge their application for clemency. Scott has granted pardons to just over 3,000 people during his tenure, compared with over 150,000 given by his Democratic predecessor Charlie Crist.During his seven years in office, Governor Rick Scott, who this year is running as the Republican nominee for the US Senate, has rolled back a number of reforms geared to streamline franchise restoration, while simultaneously making the process more laborious. Former felons are now forced to wait between five and seven years after completing probation to lodge their application for clemency. Scott has granted pardons to just over 3,000 people during his tenure, compared with over 150,000 given by his Democratic predecessor Charlie Crist.
Scott declined an interview request for this article.Scott declined an interview request for this article.
The governor and his cabinet’s personal conduct during clemency hearings has also come under frequent criticism. Throughout the hearing last month Scott and his cabinet often asked those appearing before the board if they had married or had children, if they drank alcohol or if they attended church.The governor and his cabinet’s personal conduct during clemency hearings has also come under frequent criticism. Throughout the hearing last month Scott and his cabinet often asked those appearing before the board if they had married or had children, if they drank alcohol or if they attended church.
The practice, argues Sherman, is so arbitrary it is unconstitutional. The Fair Elections Center is currently locked in a class action battle with the state of Florida over the matter. After a lower court sided with the plaintiffs, the case is now before an appeals bench.The practice, argues Sherman, is so arbitrary it is unconstitutional. The Fair Elections Center is currently locked in a class action battle with the state of Florida over the matter. After a lower court sided with the plaintiffs, the case is now before an appeals bench.
“Instead of taking this as an opportunity to reform the system, they fought it tooth and nail,” Sherman said. “They have basically communicated that they’ll take this all the way up to the supreme court.”“Instead of taking this as an opportunity to reform the system, they fought it tooth and nail,” Sherman said. “They have basically communicated that they’ll take this all the way up to the supreme court.”
With the lingering lawsuit and a referendum next month, Sheila Holcomb could have been among the last ever to appear before the board.With the lingering lawsuit and a referendum next month, Sheila Holcomb could have been among the last ever to appear before the board.
“Good afternoon,” Scott said to her from the centre of the curved cabinet bench.“Good afternoon,” Scott said to her from the centre of the curved cabinet bench.
“Good afternoon,” she replied, her voice cracking.“Good afternoon,” she replied, her voice cracking.
“So you were convicted of embezzling a letter and taking a Discover credit card. Did you do it?”“So you were convicted of embezzling a letter and taking a Discover credit card. Did you do it?”
She froze. For six seconds, her deep breathes were audible on the microphone.She froze. For six seconds, her deep breathes were audible on the microphone.
“Yes.”“Yes.”
Scott proceeded to parse her record. He asked her about a 2012 case in which she was accused of failing to report damage to an unattended vehicle. (The incident was never prosecuted as she knew the owner of the car and paid for the repairs in full.)Scott proceeded to parse her record. He asked her about a 2012 case in which she was accused of failing to report damage to an unattended vehicle. (The incident was never prosecuted as she knew the owner of the car and paid for the repairs in full.)
He asked about why she had continued to vote, illegally, for a number of years after her conviction. (She explained no one had told her that she was disqualified from the franchise and that she was never prosecuted.)He asked about why she had continued to vote, illegally, for a number of years after her conviction. (She explained no one had told her that she was disqualified from the franchise and that she was never prosecuted.)
But the board almost immediately came back to the credit card theft from two decades ago, and Holcomb was unable to maintain the facade that she was responsible the crime.But the board almost immediately came back to the credit card theft from two decades ago, and Holcomb was unable to maintain the facade that she was responsible the crime.
“The first time I knew there was a problem was when a bunch of sheriff’s cars surrounded me,” she said.“The first time I knew there was a problem was when a bunch of sheriff’s cars surrounded me,” she said.
“Here’s the way I look at. It’s wrong whatever happened,” Scott said, as members of his cabinet piled in to relitigate the old case.“Here’s the way I look at. It’s wrong whatever happened,” Scott said, as members of his cabinet piled in to relitigate the old case.
“I believe her,” said Florida attorney general Pam Bondi.“I believe her,” said Florida attorney general Pam Bondi.
Agriculture secretary Adam Putnam seemed unconvinced, and pushed her on why records indicated she had signed a forged receipt. She fervently denied she had done so, but continued: “I’ll take it all. I just want it to be a part of my past.”Agriculture secretary Adam Putnam seemed unconvinced, and pushed her on why records indicated she had signed a forged receipt. She fervently denied she had done so, but continued: “I’ll take it all. I just want it to be a part of my past.”
Rick Scott's Florida Senate race entry sets up a pivotal election in a swing stateRick Scott's Florida Senate race entry sets up a pivotal election in a swing state
And then Scott moved to vote. “I move to grant,” he said.And then Scott moved to vote. “I move to grant,” he said.
“Agree,” said Bondi.“Agree,” said Bondi.
“Disagree,” said Putnam.“Disagree,” said Putnam.
The deciding vote lay with chief finance officer Jimmy Patronis, who earlier had pushed Holcomb even further on how the credit card could have fallen into the hands of her ex-husband.The deciding vote lay with chief finance officer Jimmy Patronis, who earlier had pushed Holcomb even further on how the credit card could have fallen into the hands of her ex-husband.
“Agree,” he said.“Agree,” he said.
Holcomb’s right to vote had been restored.Holcomb’s right to vote had been restored.
Hours later, as she sat outside the state capitol, her hands were still trembling. She was unsure if the whole, humiliating process had been worth it.Hours later, as she sat outside the state capitol, her hands were still trembling. She was unsure if the whole, humiliating process had been worth it.
“I’m feeling relief. But I don’t feel like there’s a supreme victory. I just feel like…” she trailed off. “I’m just glad it didn’t take longer.”“I’m feeling relief. But I don’t feel like there’s a supreme victory. I just feel like…” she trailed off. “I’m just glad it didn’t take longer.”
While the experience was still settling, Holcomb was certain about one thing: she would not be voting for Rick Scott in November.While the experience was still settling, Holcomb was certain about one thing: she would not be voting for Rick Scott in November.
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