USA TODAY

Earlier this year, a federal district court judge ruled that Florida’s current system for determining whether a former felon should regain the right to vote is arbitrary and unconstitutional.

That unconstitutional system makes Amendment 4, which Floridians will see on their ballots Tuesday, an incredibly important measure. Its passage would restore voting rights to more than 1 million Floridians who have successfully completed prison sentences. Voting rights for former felons, which would not apply to those who have been convicted of murder or sexual offenses, would benefit everyone.

Our democracy thrives when more people participate. When citizens have paid their debts, we should encourage them to work, to pay taxes, to contribute to their communities and, as voters, to fully participate in our democracy. Our society should lift all restrictions, not just voting, that stop those things from becoming reality. Laws restrict felons from getting licenses that allow them to work and from getting housing and educational assistance.

All three branches of Florida’s government are involved in establishing and enforcing our laws. The state legislature decides what is a crime and the range of appropriate penalties. The police make arrests, and the state attorney’s office, which is part of the executive branch, prosecutes and recommends sentences and other penalties to the judge, who makes the final sentencing decision. Once the time is served, voting should be fully open. That’s only fair.

But unlike in 46 other states, it doesn’t work that way in Florida. Instead, a returning citizen must wait at least five years to apply for clemency before a board that meets only four times a year. The board can deny clemency for any reason. As Florida's governor has frequently said, there is no standard for giving or denying clemency in his state.

The Florida Commission on Offender Review has found that the majority of people who regain that eligibility do not reoffend. This means that allowing returning citizens to vote would make our communities safer. It would also boost Florida’s economy by $365 million a year, according to a study by the Washington Economics Group (an economics consulting firm) by reducing the cost of incarceration and increasing the likelihood that returning citizens work and pay taxes.

I became a judge in order to serve the public and to make this state a better place. Until voting rights are restored for returning citizens — giving them the ability to shape their local communities and have a voice in fights for equal rights — that safety and fair democracy will remain illusive.

James E.C. Perry, former Florida Supreme Court justice; Longwood, Fla.

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