Tag Archive | "Voting Rights Act"

Vote Of Confidence: DOJ Gives Redistricting Maps “Preclearance”

Vote Of Confidence: DOJ Gives Redistricting Maps “Preclearance”

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[Washington, D.C.] Today, the United States Department of Justice (DOJ) gave “administrative preclearance” to the state House, Senate and Congressional redistricting plans.

What does that mean? Local elections supervisors will now be able to start the process for the upcoming 2012 contests. Up until today, nobody was sure exactly what district they were running in. The ruling was not expected so soon.

“I am grateful that the Department of Justice recognized the hard work and commitment that the Florida Legislature applied to the drafting of these redistricting plans,” said state Sen. Don Gaetz (R-4/Niceville), Chairman of the Senate Committee on Reapportionment.

“I attribute the decision to the open, transparent and inclusive redistricting process that we, as a legislative body, conducted; and to our commitment to protecting minorities’ ability to participate in the process and elect candidates of their choice,” he said.

But preclearance is preclearance, and the whole redistricting madness may still be shaken up in the courts.

There will most likely be challenges to the new districts on several fronts, including by those who feel that the Fair Districts amendments were not honored and still-possible legal action under the federal Voting Rights Act (VRA).

But now, anyway, Supervisors of Elections across the state can start to get to work. If court challenges change things down the road, then those will be dealt with at the time, according to an election official.

Why did the DOJ have to get involved ion the first place? Because five Florida counties – Hardee, Hillsborough, Monroe, Hendry and Collier – had horrendous records when it came to violating citizens’ voting rights through discrimination against racial bias.

So the safeguard was built into the VRA to prevent further abuses. The DOJ had to check to make sure that wasn’t happening here.

“One of our foremost goals during this redistricting cycle was to conduct the process in a manner that would give both the voters and candidates time to become familiar with the new districts, said Senate President Mike Haridopolos (R-26/Merritt Island).

“With the completion of the review process for these redistricting plans today, I am proud to say that we accomplished that goal,” said Haridopolos (pictured above).

 

By: Mark Christopher/Sunshine Slate

 

Image: Mike Haridopolos at Central Florida Legislative Delegation on Dec. 01, 2011. (photo: Lance Turner/latuphoto.com/Sunshine Slate Images)

 

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Senate Redistricting: Hispanics, Democrats Decry New Map

Senate Redistricting: Hispanics, Democrats Decry New Map

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[Tallahassee, FL] Lawmakers’ second attempt at a Senate redistricting map that would meet constitutional muster passed the Florida House on a relatively narrow 61-47 margin Tuesday, with House Democrats and Miami-Dade Republicans complaining that the new plan represented little real improvement over the first.

Every Republican member of the Miami-Dade caucus and Rep. Denise Grimsley (R-77/Sebring) joined Democrats in opposing the plan.

In debate that lasted little more than an hour, supporters argued that the changes in the maps systematically answered each of the objections that the Florida Supreme Court lodged to the original Senate plan.

Justices threw out the first draft of the Senate map for violating the anti-gerrymandering Fair Districts amendments approved by voters in a November 2010 referendum.

House Redistricting Committee Chairman Will Weatherford (R-61/Wesley Chapel) also pointed out that the failure to pass a map would result in the Supreme Court drawing its own plan – something that would happen anyway if the court strikes down the second draft.

“If this map doesn’t pass, what this body is doing is abdicating its responsibility to the Supreme Court,” Weatherford said.

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Photo: FL House

Rep. Jeanette Nunez criticized the new map’s “blatant disregard for the Hispanic population”

But Democrats said the second draft was plagued by the same problems as the first: carving up the state to favor Republicans who dominate the Legislature despite having fewer registered voters and preserving incumbents. They hammered the plan for drawing only two incumbents into the same district.

“It kind of reminds me of the gang that couldn’t shoot straight,” said Rep. Franklin Sands (D-98/Weston).

Republicans brushed off the suggestions that only having one district where two senators would be forced to run against each other – and where Sen. David Simmons (R-22/Maitland) has already said he will move to avoid that showdown – violated the constitutional ban on intentionally favoring incumbents.

A Democratic alternative by Rep. Evan Jenne (D-100/Dania Beach) – who said it would force a fifth of Senate incumbents to face off with each other – was shot down on a party line, 72-36 vote.

But even Democratic members of the House noted that the map was mostly put forward to offer an alternative for the Supreme Court to look at when it reviews the new map.

The Florida Democratic Party‘s response was more succinct: “We’ll see you in court,” spokeswoman Brannon Jordan said in a statement issued moments after the vote.

Meanwhile, Republicans from Southeast Florida raised objections of their own, saying the map violated the Voting Rights Act by not including a fourth district in Miami-Dade that would clearly allow the Hispanic community an opportunity to elect a candidate of its choice.

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Photo: FL House

Redistricting rages: Rep. Sands called the Senate “the gang that couldn’t shoot straight”

Amendments carving out that district were repeatedly rejected in the upper chamber.

“And here we are again, having to justify the blatant disregard for the Hispanic population of Miami-Dade County,” said Rep. Jeanette Nunez (R-112/Miami).

House Majority Leader Carlos Lopez-Cantera (R-113/Miami) said he believed a fourth district would be created at some point, with a challenge under the Voting Rights Act likely if the Supreme Court allows the new map to stand.

“I just wish the Florida Senate had done it and not left it to the judiciary to do so,” he said.

 

By: Brandon Larrabee/The News Service of Florida

 

Image: Rep. Evan Jenne (photo: FL House)

 

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State Senate Redistricting Battle Sees Racial, Moral Divides

State Senate Redistricting Battle Sees Racial, Moral Divides

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[Tallahassee, FL] The battle rages on in Tallahassee during a special session designed to meet the criteria set forth by the state’s highest court and voter-passed amendments.

Racial and even moral conflicts entered the already-contentious redistricting process Wednesday as a key Florida Senate committee sent a proposed map to the floor despite Hispanic and conservative Christian disagreements with some elements of the plan.

The maps passed the Senate Reapportionment Committee on a day that at times veered between the unusual and the surreal.

District numbers for the upper chamber’s new redistricting plan – necessary because the Florida Supreme Court threw out the maps – were selected in part by a raffle-style drawing. That prompted one Senate Republican to accuse the panel of breaking the state’s gambling laws.

And the racial politics of Miami-Dade County, which had been relatively muted throughout the redistricting process, have begun to boil over in a battle over whether to create a fourth majority-Hispanic district in the county.

The most unique flare-up of the day came when senators essentially raffled off odd and even seats. Because of the way the state’s term limit laws work, an odd or even seat can mean the difference between a lawmaker serving an eight-year term or getting an extra two years.

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Photo: FL Senate

Sen. Gary Siplin raises an issue during a recent committee hearing

The original Senate map gave almost every incumbent in the chamber an opportunity to serve as long as 10 years, one of several aspects of the plan that the Florida Supreme Court said violated the anti-gerrymandering Fair Districts amendments approved by voters in a 2010 referendum.

But the raffle upset some lawmakers who are opposed to gambling and said the new system sent the wrong message.

“I believe that there are people all across the state of Florida that will be very, very deeply offended by the Florida Senate casting lots to make a decision,” said Sen. Ronda Storms (R-10/Valrico).

Storms later called a point of order and asked for an opinion by Attorney General Pam Bondi during the raffle, saying Senate staff might be committing a misdemeanor by running the operation. Senate Reapportionment Chairman Don Gaetz (R-4/Niceville), rejected the point but said Storms was free to ask for an opinion from Bondi.

“This isn’t a lottery,” he told reporters. “This is the minority leader and the majority leader advising me as to what they believe ought to be put in the amendment that describes the assignment of senatorial district numbers.”

Storms said she would file an amendment to reorder the districts and make sure incumbents serve no longer than eight years – though she admitted the measure was likely to fail. The current way, she said, would damage the institution over the long term.

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Photo: FL Senate

Sen. Evers (L) and Sen. Diaz de la Portilla (R) exchange ideas during 2011 session

“Even though these particular 40 Senators are serving, I think that we have diminished the decorum and the stature of the state of Florida by twirling balls around in a basket and having the secretary of the Senate call out numbers,” Storms said.

Meanwhile, Sen. Miguel Diaz de la Portilla (R-36/Miami) said he would take his fight to create a fourth majority-Hispanic seat in Miami-Dade County to the Senate floor. Diaz de la Portilla would turn the district represented by Sen. Gwen Margolis (D-35/North Miami Beach) into one where non-black Hispanics would comprise 66.2% of the voting-age population.

But he brushed aside claims that the effort was meant to help his brother, Alex Diaz de la Portilla, who has filed to run for Margolis’ seat.

“Whoever wants to run for that district, that potential fourth Hispanic seat, will have to run and compete with a number of other people, because it will be an open seat,” Miguel Diaz de la Portilla said.

Margolis, in a debate with Diaz de la Portilla in front of reporters, dismissed those claims and said Diaz de la Portilla’s amendment could lock whites out of the county’s delegation.

“This amendment, if it makes a fourth seat in Dade County a protected seat, disenfranchises every Anglo,” said Margolis, who is white. “There will never be an Anglo member of the Florida Senate from Dade County if this amendment passes.”

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Photo: FL Senate

Sen. Nan H. Rich presents during session in honor of FSU Day at the Capitol

Diaz de la Portilla portrayed Margolis as an incumbent attempting to cling to power and said deciding not to create the fourth district could open the map up to a challenge under the federal Voting Rights Act.

“You have incumbency protection on the one hand versus enfranchising language minorities on the other,” he said.

The map ultimately passed on a 21-6 vote, with Margolis and three other Democrats joining every Republican in approving the plan. In a separate vote, five Republicans and one Democrat, Sen. Gary Siplin (D-19/Orlando), opposed renumbering the districts through the raffle.

Democrats who opposed the overall plan said it didn’t go far enough to address justices’ concerns about eight districts, the numbering system and the division of the city of Lakeland.

“We have fixed a few things,” said Senate Minority Leader Nan Rich (D-34/Weston). “But I think the map simply does not fix a number of the things that the court suggested to us that needed to be corrected.”

Republicans, though, said the map was a success despite the arduous process.

“This is as good a product as you can possibly get,” said Sen. Nancy Detert (R-23/Venice).

 

By: Brandon Larrabee/The News Service of Florida

 

Lead image: Former Senate president, Democratic Senator Gwen Margolis during a 2011 Senate committee hearing (photo: FL Senate)

 

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Former Republican Nancy Argenziano Challenges New Elections Law, Wants To Run As Democrat

Former Republican Nancy Argenziano Challenges New Elections Law, Wants To Run As Democrat

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[Tallahassee, FL] A former Republican lawmaker seeking to run for Congress as a Democrat filed suit against the state Friday, saying a new elections law unconstitutionally bars her from joining her new desired party.

Nancy Argenziano, who currently plans to run for the congressional seat as a member of the Independent Party, filed suit in Leon County circuit court, saying the law violates the state and federal constitutions by treating partisan candidates differently than nonaffiliated candidates and trampling on the right of free association.

The controversial elections law passed the Legislature earlier this year has already come under fire from voting-rights groups who claim it aims to cut back on legitimate voting. A three-judge panel in the District of Columbia is reviewing other parts of the bill that could affect minorities under the Voting Rights Act.

In a press conference to announce the lawsuit, Argenziano argued that leaders of her former party like Senate President Mike Haridopolos (R-26/Merritt Island), House Speaker Dean Cannon (R-35/Winter Park), and the bill’s sponsor, State Rep. Dennis Baxley (R-24/Ocala), are trying to protect GOP power with the bill.

“I object that the Legislature and more specifically, Haridopolos, Cannon and Baxley, abetted by the schemes and pocketbooks of the Koch brothers, have manipulated to limit with whom I can politically associate, for what purposes and during what time frames, without founding such restrictions on a legitimate, identifiable and overriding state interest — without, in fact, even implying such an interest,” Argenziano said.

The former lawmaker bolted the party in 2010, after its nomination of Gov. Rick Scott and endorsed then-Chief Financial Officer Alex Sink in the governor’s race. Argenziano has since become a consistent critic of the Republican Party, announcing earlier this year that she would challenge U.S. Congressman Steve Southerland (R-2/Tallahassee).

But Argenziano was later told she couldn’t run as a Democratbecause Baxley’s legislation changed the time frame for changing parties from six months before the election to a year before the qualifying period for that legislation. Argenziano had filed as an Independent on June 3 “as a placeholder” while she figured out what to do with her partisan affiliation after becoming disillusioned with the GOP, she said.

Argenziano said she intends to run in the 2nd Congressional District regardless of her party affiliation. But she said the two major parties have better infrastructure.

Nancy Argenziano 2004-2006 Senate photo

Photo: Florida Senate

Nancy Argenziano 2004-2006

And she said that some time limit on when candidates can change party is fair – but the current time frame is too short.

If the lawsuit is successful, Argenziano said, she would join the Democratic Party. Otherwise, she said she would run as and likely remain an Independent but caucus with Democrats in Congress.

The sharp-tongued Argenziano also suggested the provision was part of model legislation by a conservative group that advises Republican lawmakers across the country, not a voting-fraud epidemic in Florida.

“It is not merely a remarkable coincidence that 38 states, via the American Legislative Exchange Council, simultaneously discovered the same threat to the republic,” Argenziano said.

A spokesman for Secretary of State Kurt Browning, the defendant, said his office was still reviewing the suit.

But Baxley defended the law, saying early fundraising and endorsements rely on a candidate’s assurances about their party affiliation.

“I think the whole purpose is just to be more transparent with the people who are participating in the process,” Baxley said.

Some Republicans felt stung by former Gov. Charlie Crist’s bolt from the party in April of 2010 after he fell behind Marco Rubio in polls on the U.S. Senate race of later that year. It left some Crist supporters wondering whether to continue to support him, or switch to Rubio, who then became the Republican candidate.

Baxley also questioned Nancy Argenziano‘s contention that the new time frame is less constitutional than the old one, saying that the choice is a judgment call.

“Six months or a year shouldn’t make a difference,” he said.

 

By: Brandon Larrabee/The News Service of Florida

 

Lead image: Nancy Argenziano From State Senate campaign ad still

 

Nancy Argenziano

 

IN FOCUS: Florida’s Ex-Felons Fight For Civil Rights Restoration Under Gov. Scott

IN FOCUS: Florida’s Ex-Felons Fight For Civil Rights Restoration Under Gov. Scott

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Vikki Hankins:

 

One Woman’s Fight For Her Civil Rights,

One Party’s Quest To Keep Them From Her

 

A Defiant Republican Administration Plays Politics With Ex-Felons’ Rights
As The Battle For 2012 Rages On

 

By: Mark Christopher/Sunshine Slate

 

[Orlando, FL] Vikki Hankins is one of the most positive, forward-thinking individuals you will ever meet. She has a great sense of humor and an unbelievable determination to succeed.

She is well spoken and full of spirit. She also has a degree and a fledgling publishing business.

All of which is quite remarkable considering what she has been through.

But there are some things that Vikki Hankins can’t do. The State of Florida – under Gov. Rick Scott – won’t allow it. She can’t vote, sit on a jury or hold public office. She also can be denied certain state licenses.

Why?

Because Hankins is an ex-felon, and earlier this year, Scott and the rest of the Clemency Board voted 4-0 to revise the civil rights restoration process, making it more difficult for ex-felons to get their rights back.

Now Hankins and others like her will have to wait even longer before they can once again participate fully in society.

According to the Florida Attorney General’s office, “The Florida Constitution, the people’s charter of government, disqualifies an individual who has been convicted of a felony from voting or holding office until his or her civil rights have been restored.”

And to get those rights restored, ex-felons have to go through the Office of Executive Clemency.

“The Clemency Board will review each application individually before deciding whether to grant restoration of civil rights,” so said the Executive Clemency press release, issued at the time of the changes.

Those changes threw out the modernized clemency process that former Gov. Charlie Crist pushed through four years ago. Crist, a moderate Republican, restored the voting rights of more than 150,000 former non-violent prisoners.

It was something that people of all stripes from across the state had worked long and hard to accomplish.

But Scott and his hardcore conservative GOP brethren had other plans when they came into office – to make ex-felons wait an extra five to seven years before they could even think of getting their rights back.

Civil Rights Restoration - no go -2011 Clemency Board

Photos: Office of Executive Clemency

Gov. Scott and his Cabinet voted 4-0 to make the clemency changes

 

“But in March, after only 30 minutes of public debate, Gov. Rick Scott overturned his predecessor’s decision, instantly disenfranchising 97,491 ex-felons and prohibiting another 1.1 million prisoners from being allowed to vote after serving their time,” Ari Berman wrote in the Sept. 2011 edition of Rolling Stone.

Hankins is one of those 1.1 million. And she is not happy about it.

“I don’t think it is the governor’s job or … the attorney general’s job to see whether or not everyone released from prison is going to commit crimes, says Hankins. “That’s what the probation officers are supposed to do.”

The governor and the attorney general – the two most powerful politicians in the state – disagree.

At the time of the clemency overhaul in March, Scott claimed that the changes would, “protect public safety and create incentives to avoid criminal activity.”

But that statement flies in the face of felons who are out of work with limited options and a reduced amount of participation in American society. Labor officials say the jobless rate for felons runs as high as 60%. If I was trying to push an ex-felon back into a life I crime, I would deny them their civil rights as long as possible.

Build resentment and mistrust of government. Make them feel like an outsider. We’ve got something you don’t. Give people who’ve already proven to be willing to commit crimes against their fellow citizens a reason to disengage from society.

That’s exactly what you don’t want to do – or so says the data from Virginia, which “has achieved lower-than-average recidivism rates is difficult to pin down, experts said. One likely factor, though, is lack of parole,” according to The Washington Post.

And even the Board of Executive Clemency press release that announced the changes accepts the notion that restoring a prisoner’s rights is a good thing, stating that, “The restoration of civil rights can be a significant part of the rehabilitation of criminal offenders and can assist them in reentry into society.”

No matter, Attorney General Pam Bondi feels that ex-felons must earn their rights back.

“I believe that every convicted felon must actively apply for the restoration of his or her civil rights and that there should be a mandatory waiting period before applying,” Bondi press released back in February. “The restoration of civil rights for any felon must be earned, it is not an entitlement.”

Civil Rights Restoration denied - Vikki Hankins

Photo: Gian Pietri/Sunshine Slate Images

Vikki Hankins would like to vote in the 2012 election

 

Civil Rights Restoration Not An Entitlement?

Sure, our state constitution spells out that they ex-felons must have their civil rights restored, but it doesn’t say how long they have to wait. That is left up to whoever is in power at the time. Politicians making decisions about people’s civil rights based on nothing more than a feeling. Or a talking point.

Or a political ideology. An April 2001 Schroth and Associates Poll that sampled 600 adult Floridians showed that by huge margins, that a vast majority of Republicans simply do not support restoring the voting rights of felons.

Percentages who support “restoring the voting rights of felons”:

African-American community 75%
Democrats 48%
18-34 year olds 47%
Non-Cuban Hispanics 46%
Those who did not vote in the presidential election last fall 45%
Persons undecided about whether they will vote in the 2002 Florida elections 57%
Republicans 17%

But logic – and available data – would dictate that assimilating ex-felons back into society is a good thing. Don’t we, as a society, want to welcome them back, to give them positive reinforcement and to feel part of the tribe again, so they don’t turn back to crime?

The official state answer under Gov. Scott is a resounding “no.” Before an ex-felon can get possibly their rights back, Florida now requires that:

Five years have passed since the date of completion of all sentences and conditions of supervision imposed for all felony convictions, and you must remain crime and arrest free for five years prior to being reviewed by the Florida Parole Commission.

And that’s just for non-violent offenders. What about ex-felons who they deem committed a “serious” crime? Those people must wait seven years.

The restoring of one’s civil rights is supposed to be a routine exercise, a simple filing of paperwork. You do your time, you make it through probation, and then you get to rejoin society, which includes having your civil rights, dignity and the basis-for-respect back.

Not in Florida. The rules are different here (sorry to reanimate the corpse that is Florida’s famed – and much-maligned – tourism slogan from the mid-’80s). The state’s citizens now have less options for voting, less access to polls and outright disenfranchisement from a 100% Republican-controlled state government.

Now, ex-felons are a political football for the Republicans in charge to toss around, and Gov. Scott is the star quarterback who threw a touchdown when he changed the rules to the ultra-conservatives’ satisfaction.

But not everyone was high-fiving or dunking coolers of Gatorade on Scott’s head. His decision and that fateful 4-0 vote caused an uproar throughout the state and across the country, not surprising as polls indicate that the citizens don’t agree with Scott’s position.

Civil Rights Restoration - Florida - The Rules Are Different Here

“The Rules Are Different Here” ad campaign TV spot

 

Groups who monitor civil rights were outraged. Challenges were launched on a variety of fronts, including through talking-head media appearances, press releases, and in the courts.

In April, the American Civil Liberties Union (ACLU) sent a letter to the U.S. Department of Justice asking them to review the decision claiming that it is a violation of the federal Voting Rights Act prohibiting racially discriminatory voting practices.

“Given the fact that the new five year waiting requirement has a direct impact on voting, and given its adverse impact on minorities, we believe the Department of Justice should request Florida officials to submit the new rule for [review],” Laughlin McDonald, director of the Voting Rights Project of the ACLU, wrote in the letter.

“These new rules have a direct impact on who is able to vote in Florida,” McDonald said. “Given the troubling history of suppressing minority votes in Florida, it is critical that the Department of Justice review these changes to ensure that an entire segment of the population is not blocked from exercising their fundamental right to vote.”

Howard Simon, executive director of the ACLU of Florida, also chimed in, claiming that, “The changes, including the secretive and rushed process by which the rules were created, smack of raw politics and intentional, racially focused election manipulation.”

Back in March, the Board of Executive Clemency approved the changes with little debate or public comment, save for a 24-page proposal made public only minutes before the vote.

“Once a person has paid their debt, they should be quickly and fully integrated back into the community,” Danielle Prendergast of the ACLU of Florida, was quoted as saying in the media. “All the research supports this notion that fast, seamless and complete reintegration reduces crime.”

Instead, on its website, the ACLU of Florida warns the state’s citizens that, “Applying for restoration of your civil rights opens you to investigation by the Florida Parole Commission. You may also have to undergo a hearing.”

“The process is long, and there are no guarantees that your rights will be restored.”

This is progress? Scott and Bondi seem to think so.

The Florida Legislative Black Caucus was similarly displeased in a press release protesting the new policy.

“The purpose of the corrections and criminal justice systems in this State is to equip ex-offenders with the tools they need to become productive citizens,” stated State Sen. Gary Siplin (D-Orlando), Chairman of the Black Caucus. “How can they do that when they don’t have a citizens’ basic rights?”

A March 4 letter to the Florida Office of Executive Clemency was co-written and signed by the ACLU, the NAACP Legal Defense and Education Fund, the Sentencing Project and a professor at New York University’s Brennan Center for Justice. The letter stated:

It is well documented that Florida’s criminal disenfranchisement laws are a relic of a discriminatory past. Florida’s disenfranchisement law was enacted after the Civil War when the Fifteenth Amendment forced the state to enfranchise African-American men.

The voting ban was an attempt to weaken political power of African-Americans, and it continues to have its intended effect today. The current law continues to exclude African-Americans from the polls at more than twice the rate of other Florida citizens.

And on March 25, the NAACP, the NAACP Legal Defense Fund and the Advancement Project wrote Bondi requesting that the Attorney General submit the new rule changes for review under Section 5 of the federal Voting Rights Act.

AG Bondi declined. On April 8, she replied that “[w]e do not agree that the [Voting Rights Act] applies to these rules.”

 

Many Police Support The Governor’s Stance On Disenfranchising Ex-Felons

But there was support to be found for the changes from the cops and prosecutors who deal with criminals on a day-to-day basis: The Florida Police Chiefs Association, the Florida Sheriffs Association and state attorneys all made it clear that they felt that ex-felons should have to wait longer to get their rights back.

“Convicted felons should be required to demonstrate why they should have their rights restored as well as document their commitment not to re-offend,” said Seminole County Sheriff Don Eslinger earlier this year.

“With so much recidivism, it’s only fair they prove they are committed to a life free of crime before their civil rights are restored,” Florida Police Chiefs Association president Peter Paulding was quoted as saying.

Something tells me he didn’t look at the data. By his own words, Paulding should be against Scott’s clemency changes because recent studies have found that felons who have gotten their rights restored have a lower recidivism rate than those who have not.

Besides, isn’t that the job of the probation officer to determine whether or not a felon is ready to play nice with society again?

“The probation officer says ‘[I'm] on the right track, there’s no need to keep [me] on probation until the year 2013,” says Hankins. “Now, the governor is saying, ‘screw that, keep Vikki Hankins in this position to see if she’s gonna commit more crimes.’”

“I had the perfect structure for committing a crime , to go back [into prison] … I’m sleeping on the floor on cement in the winter with a cold … suicidal thoughts.”

Hankins obviously bristles at the assumption.

“I don’t have to prove anything to anyone,” she says.

 

But There May Be Hope On The Horizon For Hankins And The Millions Like Her

Florida Legislative Black Caucus member State Rep. Darryl Rouson (D-55) has filed a bill that would speed up the clemency for ex-felons like Hankins that have more than proven themselves to have worked their way back into society since being released.

Civil Rights Restoration suppoter State Rep. Darryl Rouson (D-55)

Photo: Meredith Geddings

Rep. Darryl Rouson (D-55) of St. Petersburg, debates on the House floor in opposition to HB 1355

 

And The Palm Beach Post reported last week that before their meeting, Gov. Scott told the Florida Legislative Black Caucus that he is open to revising the process that restores a felon’s civil rights.

“We have got to figure out how to get people that have gone to prison back in society,” Scott is quoted as telling the media, as reported by the Post. “On the other side we’ve got to make sure we don’t do things that make it less safe than it is in our state. But absolutely, if there’s more information, I’m very receptive.”

When contacted by Sunshine Slate, the governor’s office sounded a more ominous tone, a course correction of sorts.

“[Gov. Scott] is open to suggestions for ways to more efficiently process requests for clemency,” offered deputy press secretary Jackie Schutz in an email. “Such suggestions will need to include ideas for funding any additional resources that may be required for more expeditious review.”

Schutz also reminded Sunshine Slate that, “The Governor does not support felons automatically having their rights restored.”

Bondi, also against automatic restoration, bangs the same hardline drum. Bondi’s press secretary Jennifer Krell Davis told Sunshine Slate that, “Attorney General Bondi believes that felons must apply for the restoration of civil rights after waiting for a time long enough to demonstrate rehabilitation.”

If there are changes are made after Scott’s meeting with members of the Black Caucus, they will not come in the form of automatic restoration, for sure. Expect some sort of middle ground to be reached, something in the neighborhood of maybe 2.5 years for all ex-felons. But they would also have to do something about backlog and the waiting list or it could take years to catch up.

Civil Rights Restoration - not this year

Photo: Gian Pietri/Sunshine Slate Images

Vikki Hankins at her Supervisor of Elections office

 

Scott & Co. may just simply be playing nice with the Black Caucus with no intention of giving any ground on the matter. That’s politics.

Until then, Hankins and others like her will continue to push and prod Scott and Bondi to do what they see as the right thing. In fact, Hankins would like to see the decision-making process of whether or not someone can have their rights back taken out of the politicians’ hands altogether.

“I don’t feel like that’s something for Tallahassee, for the office of Executive Clemency,” says Hankins of the restoration of an ex-felon’s rights. “They shouldn’t be taking on the responsibility that a probation officer has [to declare someone rehabilitated].”

 

Voter Suppression – A Concerted Effort By Republicans

When Scott and the Republicans swept into office during the 2010 election, they ran several plays – some would say – designed to keep Democrats out of voting booths, at least through the 2012 election cycle.

HB 1355 … set … hike.

Keeping ex-felons from getting their rights back is a big part of that effort alongside the provisions in HB 1355:

  • forcing provisional ballots (excluding people who move a lot from voting)
  • cutting the duration of early voting (hurts blacks and students)
  • making absentee ballots harder to cast (requires the elderly to match their signatures on file, even with disabilities)
  • fining of third-party voter registration groups for not turning in forms within 48 hours (severely limits volunteerism)

Just last month, Florida Secretary of State Kurt Browning filed a complaint that said parts of the Voting Rights Act of 1965 were unconstitutional. Browning was hoping to use that as a first strike against the inevitable case coming down from the U.S. Justice Department. A bold move considering the possible negative fall-out that could come from challenging the landmark legislation in court.

The idea was to end the federal government’s watchful eye over five Florida counties that fall under the act’s jurisdiction so that the new voter suppression laws could go into effect and not be reviewed on constitutional grounds.

Throughout this push to disenfranchise voters and limit access to the polls, Florida Republicans have used the battle cry of “voter fraud” to make their case.

Problem is, they don’t have one – the Florida Department of State noted only 31 cases of alleged voter fraud between 2008-2011. Only two of those cases resulted in arrests. Not exactly a big problem, by any measure.

Nationally, the fraud figures are the same: a 2002-2007 U.S. Justice Department report showed that federal prosecutors convicted only 86 people for voter fraud - out of 300 million votes cast (many were felons and immigrants who were unaware that they couldn’t participate).

A 2007 paper by the Brennan Center for Justice – reported on by Rolling Stone - laid it out in a way that can be easily digested by those living in Florida: “It is more likely that an individual will be struck by lightning,” the report calculated, “than that he will impersonate another voter at the polls.”

But that type of fraud is not even an issue anymore as the state developed a voter database to confirm identities – a reaction to the tumultuous 2000 election cycle. Somebody would have to be pretty crafty – or have some help on the inside – to commit fraud at the polls in Florida.

Nonetheless, Republicans site it as a concern.

Kurt S. "No Civil Rights Restoration on my watch" Browning

Photo: FL Dept. of State

Florida Secretary of State Kurt S. Browning

 

So Practically Zero Chance Of Fraud … Why Then The Changes?

Unfortunately, the real reason that voting laws are changing is simple: Republicans want to keep low-income voters, students, seniors, and minorities away from the polls. Those groups tend to vote Democrat.

The 2008 Obama sweep scared Republicans. They have been on the offensive ever since, doing whatever it takes to keep Democrats from casting votes. They feel that in close elections, the disenfranchisement strategy will yield one to two percentage-points at the polls – just enough to secure victories in many races.

But disenfranchising ex-felons could ultimately be damaging to the party’s platform as a 2002 poll showed that 80% of those sampled say that ex-felons should have the right to vote.

Sen. Bill Nelson (D-FL) informed the governor that he will have to answer to the U.S. Justice Department for the state’s actions. Nelson – a Washington veteran who might know a little about these things – says Florida must get federal clearance for “any changes to election laws that could impact racial, ethnic or language minorities.”

Many legal minds agree with Nelson and HB 1355 is currently under review by the U.S. Justice Department. But will a decision come down in time for the 2012 election?

The moves Florida has made have been so swift and so damaging to voters’ rights that Florida has become a battleground with national voices jumping into the fray.

Always a voice for the oppressed, Rev. Jesse Jackson called Florida “ground zero” in a national war against voters’ rights, according to the Orlando Sentinel.

“The irony is we fight wars for democracy abroad and declare war on democracy at home,” Jackson said in a news conference over the summer, as reported by the Orlando Sentinel. “All we really want is an even playing field.”

Even former President Bill Clinton weighed in. He was quoted in Rolling Stone as saying that, “One of the most pervasive political movements going on outside Washington today is the disciplined, passionate, determined effort of Republican governors and legislators to keep most of you from voting next time.”

“Why is all of this going on? This is not rocket science,” said the former President. “They are trying to make the 2012 electorate look more like the 2010 electorate than the 2008 electorate.”

 

A Rolling Stone Gathers …

Hankins first heard about what Gov. Scott was doing to the rights restoration process on the radio back, back in March or April.

“Is this true?” she remembered asking herself, before digging into the internet for answers.

It turned out to be 100% true. But she never thought of the restoration change as part of a political play until she read that article in Rolling Stone that spelled out in black and white the fact that Florida Republicans had passed the new rules to keep as many Democrats from voting as possible.

“It opened my eyes to what was really going on,” says Hankins. “There was something about [it] … they had it laid out … the way it was put together. That Rolling Stone magazine … was the bang wake-up for me,”

She now feels like a pawn in some political chess match instead of a living, breathing person.

She decided right then that, “No, I am not going to be used for whomever for you all to gain some type of power, regain power, take control for x amount of years. Again, I am a human being, you are not going to use me as a pawn for selfish reasons, bottom line. For matters of power or control.”

before the Florida Civil Rights Restoration debacle  - Bill Clinton

Photo: Mark Christopher/Sunshine Slate Images

President Bill Clinton in Orlando stumping for Kendrick Meek back in 2010

 

The Never-Ending Journey

Hankins first filed to have her rights restored in 2008. The first time we spoke, she had not yet received any information on the status of her application. Not a letter, an email or a phone call. And she has diligently tried to get through to somebody … anybody.

When Hankins checked online it would say “Record Not Found.” Repeated calls to the Executive Clemency Office were a dead-end – every time she got a recording.

“No one ever answers the phone,” she says.

She wrote letters reminding them that since her release, she has earned a Paralegal Studies degree, but that she cannot maximize her educational efforts without her civil rights.

She has waited three long years for something, anything from the state.

But at last, on Oct. 20, 2011, Hankins received an email from Cynthia Deason, an administrative assistant for the Office of Executive Clemency. The email stated that Vikki Hankins would be eligible to have her rights restored in … 2017. And that’s still a maybe.

Hankins was noticeably crushed. In 2017 she will be 49 years old.

Ms. Hankins – This is in response to your email inquiring about your restoration of civil rights and the time in which you can reapply based on your offenses.

As mentioned in the letter you received from this office dated October 20, 2011, Governor Scott and his Cabinet amended the Office of Executive Clemency rules March 9, 2011. Based on a person’s offense, be it a violent crime versus a non-violent crime, is the time line in which you would have to wait before you can apply to have your restoration of civil rights restored. A non-violent crime you would have to wait five years from the time one comes off of probation or end of sentence and a violent crime you would have to wait seven years from the time one comes off of probation or end of sentence.

Based on your federal offenses, even though may not be considered violent crimes, falls under Rule 10A requiring a seven-year waiting period. Your supervised release was terminated on March 29, 2010, and therefore, you will not be eligible until the year 2017.

If you have any further questions or if this office can be of further assistance, please do not hesitate to contact us.

C.J. Deason

Office of Executive Clemency

 

A Lifetime of Set-Backs

 

This latest set-back is only one in a series of unfortunate events for Vikki Hankins. Hankins, now 43, spent nearly half of her life in a federal prison for selling crack cocaine, then called “cocaine base.”

Today, her federal sentence would be considered too long. Back in the late-’80s and early ’90s, it was just right for reactionary legislators eager to tide the crack epidemic.

Yes, she was slinging crack cocaine, but she was also a victim of overzealous sentencing guidelines which were later deemed to be racially unjust by the 2000s-era Congress (Hankins is African-American).

fighting for Civil Rights Restoration  - Vikki Hankins

Photo: Gian Pietri/Sunshine Slate Images

Hankins will be almost 50 years old in 2017

 

Although she takes full responsibility for her actions, her drug dealing itself was a symptom of the trauma and depression she suffered just as she was graduating from high school. At the time, she suffered both physical and mental abuse and was forced into a hastily arranged marriage for religious reasons.

Her mother’s worsening mental condition even played out in one final dramatic act.

And Hankins, a Jehovah’s Witness since birth, was not very street smart and was ill-equipped to handle it all. She grew up in a strict home in tiny Crescent City, pop. 1800, which is a 30-40 minute drive North of DeLand.

It is the kind of place where everybody knows your name and your personal business, whether you like it or not.

“We would have to Palatka to get our school clothes,” says Hankins of the small town upbringing.

Hankins was raised by her single-parent mother and grandmother in that small-town’s sheltered environment. You know – church, school, more church. They were Witnesses, after all.

“Every Tuesday, Thursday and Sunday,” says Vikki of her family’s church going. “I didn’t participate in any extracurricular activities because our spirituality was number one. … We knocked on doors, that was my life.”

At “15 or 16,” she moved into grandma’s house at her mom’s insistence, the idea was for Vikki help take care of her recently widowed family matriarch. Instead, it turned out to be a recipe for disaster.

“When I wrote my book and reflected back on my life … it was there, at that point, where my mom moved me from my home to my grandmother’s, is where I think … I started changing,” admits Hankins. “My grades started failing and little things started … depression.”

Her mother thought she could still hold the family together, and keep a tight grip on Vikki. She thought wrong … and she knew it, too. The family started to disintegrate. Vikki’s mom started to sink deeper into a pit of despair.

But Vikki didn’t really notice her mom’s troubles; she was too busy sneaking around, which was a breeze now that she was at grandma’s. Although it wasn’t until her senior year that a certain boy from her school came calling and swept her off her feet.

 

And Into A Lifetime Of Trouble

He was the star quarterback of the football team, but he was also a proven problem child who had been kicked out of his last high school.

Birthpalce of this Civil Rights Restoration fighter - Crescent City, Florida

Photo: FloNight

Corner of N. Summit Street and E. Central Avenue in Crescent City

 

She is still paying for that relationship almost 25 years later. And it all happened so fast.

Before Vikki even graduated high school, she was living with her new boyfriend at his dad’s place. Her mom couldn’t handle it at all.

“She was more stressed that I didn’t know anything about boys or the world and society, because I had always lived such a sheltered and protected life,” says Vikki. “For me to be out with a ‘street guy’ … she was devastated.”

Her mom knew what bad things could happen to her little girl. And she was right, but was powerless to stop it.

Vikki quickly found out that life was indeed tough and suddenly grown-up outside of the warming confines of grandma’s house. For instance, she had never seen smoking and drinking of alcohol before – and now it was all around.

And to make matters worse, her boyfriend was abusive and was using large amounts drugs, which, heretofore, Hankins had never even seen, let alone used.

“I didn’t know what drugs looked like, from television … nothing. … [My mother] made sure watched certain shows like Little House on the Prairie,” claims Hankins.

Her boyfriend’s mood swings, violent outbursts and financial problems left Hankins shattered and disillusioned with it all. And to top it off, her boyfriend even beat her dad, who was visiting and tried to set the boy straight.

“For [my mother] to hear from strangers … someone calling her in the middle of the night … that ‘[I was] passed out in a ditch, and the guy that I was with beat up [my] dad and broke his ribs,’” says Hankins recalling the horror show that was her life. “That’s not good news.”

Still, Vikki thought that the best course of action was to not talk to her mom at all.

“Being a Jehovah’s Witness, if the child is not doing according to the teachings of the Witnesses, that the parents are supposed to remain separated from the children,” says Hankins. “I was trying to abide by the teachings.”

It didn’t help, in fact it made them worse.

“It was starting to tear the family apart,” said Hankins.

pre Civil Rights Restoration fighter Vikki Hankins

Photos: Supplied by Vikki Hankins

(L-R)Vikki Hankins at 17 years old, at 12-13 years old on her mom’s wedding day, and before braces

 

The Marriage … From Hell

Due to her religious upbringing, and at her mom’s insistence, Hankins was pressured into marrying “the boy” at age 18. They hadn’t even really dated, only some successful sneaking around with each other for about six months.

Her mother had decided it was the best course of action even though Vikki wasn’t “supposed” to date anyone outside of the church, let alone get married to them. Mom was determined to right this ship and that started with wedding vows.

“I had no choice in the matter,” says Hankins.

Vikki also had it in her mind that perhaps marrying the boyfriend would soothe her mother’s ills, to some degree, to make things OK with her … the church … the world.

It actually made them worse. Yes, another bad decision. She made quite a few back then.

“My mom had lent us her car to go get the blood test, that night is when she had [her first real] mental breakdown. [She] was in a hospital when we stood before the preacher. … I can still see me standing there, spaced out … green to life, going through the motions. A zombie,” recalls Hankins.

“He was excited though.”

Her new husband’s drug use only escalated. He went from snorting cocaine to smoking crack. Hankins would find mini zip-lock baggies – commonly used to distribute drugs – all over the house.

Not being very streetwise, she didn’t really know what they were for, so she didn’t pay them much attention.

She did notice, however, that he was now demanding her meager paycheck  she earned through hard labor, harvesting one of Florida’s biggest foliage crops in the fields near Crescent City.

“That’s when the abuse came in,” says Hankins. “I was cutting fern … using my income to assist taking care of him and I, because his habit had gotten so bad.”

Her whole family was naive to the persistence and creativity of a drug addict.

“One time, I gave my mom my money for the week and to keep it,” Vikki remembers. He came looking for the money and she said no, that she had given the money her mom.

He promptly marched right over to her mother’s house and got the money back and spent it on drugs. It wasn’t the ideal marriage, for sure (if you could even call it a marriage).

“To this day I do not know what it feels like to be someone’s wife, I don’t know what that’s about,” admits Hankins. “I didn’t see him as my husband.”

 

First Brush With The Law

In another instance, her drug-addicted loser of a husband went to a nearby town and cashed a paycheck of hers and used the ill-gotten gains to buy drugs. Vikki thought she had lost the check and asked for another one to be drawn.

“He pretended that I’d lost it,” remembers Vikki, still disgusted by her then-husband’s actions.

Check fraud charges were filed against Vikki, but later dropped when her employer realized what had happened via the signature evidence. That charge remained on her record, however. Hankins was now officially on the other side, considered to be a criminal to anyone with access to her records.

Eventually, the drugs and drug dealing caught up to her husband and the pair had to hit the road, becoming nomads, moving from hotel to hotel and always short on cash.

Vikki Hankins - civil rights restoration

Photo supplied by Vikki Hankins

Vikki Hankins’ high school graduation photo

 

“I knew nothing of days,” recalls Hankins.

This went on for more than a year. Then one day, he suddenly wanted to head back to Crescent City.

“We got a room … and the next morning we stopped at … a 7-11 and a person on the outside of the store asked me if my mom was OK,” says Hankins. “I said ‘yeah, she’s fine.’”

The person quickly realized that Vikki had not heard the news of her mother shooting herself.

“That’s how I found out that my mother had committed suicide,” says Hankins. “My life shifted … I died. … I changed inside. I just didn’t care. I wanted to die too.”

Now young Vikki was really in a deepened pit of despair. Her marriage was a joke, her husband a small-time drug dealer and spousal abuser and her mom had just shot herself, most likely the result of Vikki leaving the house and marrying a no-good thug.

Then things got worse – within three or four months of her mom’s suicide, her husband was picked up by police and was now in jail. Their rocky marriage – which lasted a year, maybe a year-and-a-half – was, for all intents and purposes, over.

The less-than-street wise Hankins was now totally on her own, wandering the streets, unsure of who she was anymore or where she was going.

It wasn’t until her step dad said something to her that she was able to snap out of it.

“I was walking looking spaced out and he called me over and was talking about how the people in my home town were talking about me in negative ways,” recalls Hankins of the pivotal moment her tough-guy step dad cried. “That little tear just made me feel or sense somewhere in my dead soul that this is a person that cares and that it was genuine.”

“Somehow that made me snap out of it a little bit, I guess.”

 

Determined … To Make A Mess Of Things

The other thing her stepfather’s tear made her think of was her younger brother and sister, and how their mom wasn’t around for them anymore. She resolved to do something about it.

She was now determined to make a home for herself, so that she could take care of her younger siblings who were now without their mother. But how could she make any money? She was basically a street urchin. No one would hire her for any real job making real money.

She was determined now, but her options were limited.

Then she remembered those little zip-lock baggies …

“Those little square things that my husband was selling and getting $20 for them,” remembers Hankins. “I took my last paycheck and bought some of those little squares to make money quite fast, clueless about what I was doing.”

And make money she did. Hankins proved to be an excellent drug dealer. First, she didn’t get high on her own supply. Second, who would believe that a cute young girl was slinging rocks?

Well, she didn’t stay the cute innocent young girl for long. Soon she was sporting gold teeth, tons of jewelry and a ever-hardening street attitude. The drug dealing and the lifestyle that goes along with it was making Hankins sick inside.

determined to get her civil rights back - Vikki Hankins

Photo: Gian Pietri/Sunshine Slate Images

Vikki Hankins is looking for justice from her government

 

Her success quickly led her up the drug dealer food chain, where she got to meet “Mr. Big” – not his real name or nickname – who was one of Daytona’s bigger players on the drug distribution scene.

He fronted Hankins a large amount of crack, even though she had no idea what “fronting” was. After her crash course in dealing, she headed back to her hometown and sold everything she had.

She definitely surprised Mr. Big and his whole crew by returning the next day with all of his money and a desire for more product. Big was impressed. He was also keen on the little girl from Crescent City and the two eventually developed an intimate relationship.

She lived the life of a drug dealer for 1.5 years before she wanted out. The people. The violence. The product. She was changing into someone who she didn’t want to become: an actual thug.

Besides, Hankins had started the process of getting her cosmetology license. It was time to say goodbye to the drug life.

“I went to Daytona Beach Community College and got my hours and passed the courses and took the exam … got my license. I knew I was working my way out of [the drug-dealing] lifestyle,” says Hankins. “I wanted to open up some hair salons.”

But it was not to be – Vikki was busted before she could get out.

“That particular package of drugs is where I said ‘this is it, this is my last little trip here,’” recalls Hankins. “I had already told [Mr. Big] that I didn’t want to be with him anymore. I was gonna take my money, he could have his money and I am going to go on about my way. But I ended up getting arrested instead.”

In May of 1990, Hankins checked into the Hilton Hotel in DeLand under the name Vanessa Wade, “Because I didn’t want [Mr. Big] to find me. … I switched cars. I didn’t want him or anybody else to know I was around.”

She succeeded in eluding everyone. She was gonna finish this score and move on. Except that her great escape turned into a horrible nightmare lasting 20 years.

“When I cut open one of the gray packages of cocaine base, I left the [empty] gray package in the room,” recalls Hankins. “When the maid came in to clean up she saw it and turned it into management. They set up surveillance across the hall.”

She was arrested by state officers. The charge? Possession of more than 50 grams of cocaine base with intent to distribute, and conspiracy. But the state – who has basically made an “accidental” arrest – quickly handed the case over to the feds, which, unbeknownst to Hankins, was already building their own case against her and Mr. Big.

Her goose was cooked, they told her, it was time to roll over on Mr. Big. She didn’t, and then made yet another huge mistake: she utilized the defense attorney supplied by … Mr. Big.

He kept telling her it was nothing to worry about, obviously more concerned about his paying client than some naive girl with gold teeth. Until the day she was sentenced, Hankins was being advised that she would most likely walk out of court that day with little more than a slap on the wrist.

Or at worst, she would do ten years.

Vikki Hankins - free at last but with out civil rights restoration

Photo: Supplied by Vikki Hankins

Free at last, free at last: Hankins enjoys her life after many years of incarceration

 

What she wasn’t aware of was the fact that due to the media frenzy surrounding a new super-addictive form of cocaine dubbed “crack,” that new federal sentencing guidelines enacted in 1989 mandated that Hankins spend an obscenely long time in prison compared to other crimes.

Or even compared to powdered cocaine.

In November of 1990, she was sentenced to 23 years and 4 months in federal prison. She could earn no more than 54 days a year time off for good behavior.

 

A Crack In The System

Hankins was now a victim of the system, of the war on crack cocaine. Mr. Big had set her up with a bad lawyer and the federal government had stuck her with an overreaching stint in prison that outweighed even some attempted murder raps.

Hankins dutifully served her time. She never narc-ed on Mr. Big or anyone else. She used her time wisely to get her life straight through education and (mostly) good behavior while on the inside federal prisons in Kentucky, Connecticut, California, Florida and Texas.

“Inside the federal prison system, they have jobs were inmates worked at maybe for pennies an hour, jobs that civilians would make maybe $20 or $25 and hour. I ended up with a job where I was only making $5 a month.”

This was a problem for Hankins because in addition to having to serve the time, she was given a $28,000 fine to pay off while she was in prison.

“And so I wrote to the judge … and I told him that ‘I am making only $5 a month,’” says Hankins. “I cannot afford to pay a $28,000 fine.”

And out of that $5, Hankins had to buy toiletries and washing powder, which easily eclipsed the five spot. She wrote out a longhand letter to the judge – the same judge that had sentenced her – that she had no one on the outside to help her buy these things.

“And the next thing you know, maybe nine months later, I received a document from the court saying that the remainder of that $28,000 fine had been terminated, so I didn’t have to pay it anymore.”

In all, Hankins went nearly two decades learning very little of the outside world.

Near the end of her sentence, Hankins got some good news: in an attempt to course-correct the over-reaching federal sentencing guidelines for crack cocaine – which many claimed were driven by race, as evidenced of the lighter (or whiter) sentences handed down for powdered cocaine offenses – the feds shortened Hankins’ prison time and the prison time of thousands just like her.

The removed eight years from her sentence. The “adjustment” meant that she was eligible for immediate release. Hankins was finally freed on March 28, 2008, after spending 18 years behind bars.

Her time in prison – and the drug dealing that put here there – is not something that she is proud of. But she paid her debt to society (and then some) and was eager to get back to living a life.

But a lot had changed since she’d been locked up. She had entered prison as a 21-year old and exited at age 39. Entire lifetimes had gone by while she was behind bars. But she was proud and determined.

Vikki Hankins - photo of bed in storage

Photo: Supplied by Vikki Hankins

Hankins’ storage space “apartment”

That first day out had been planned for quite some time.

“I went straight to my probation officer (P.O.), then to the DMV to get a driver’s license and then to Home Depot to get a job,” recalls Hankins.

But there was a problem: the once-raging American economy was collapsing. There were no jobs to have, at Home Depot or otherwise. And even if there was a job, convicted felons on parole are the last to be hired.

But Hankins persevered, not wanting to end up back in jail or dead. Drugs and crime – that wasn’t her scene anyway. For the first six months after he release, she lived at her sister’s house. But she yearned to be on her own so bad.

“There came a point where I had to leave … I am an adult,” says Hankins of the moment she felt she had worn out her welcome. “I really believed that I was going to get a job.”

But she didn’t. The little bit of money that she had scraped together, Hankins spent on a hotel room. But that didn’t last too long. Soon, she was an ex-felon with no place to go, sleeping on a bed roll in a storage facility, trying to get her life back on track. At least it was air-conditioned.

Her federal probation officer didn’t like the new arrangement one bit and made the outlandish suggestion that Hankins sign paperwork that would put her back into the prison system. There, according to her P.O. “Mr. Dennis,” she could at least have a place to sleep and have food to eat.

“To my shock, they wanted me to sign documents that would put me back in a halfway house,” says Hankins, still boiling over the suggestion made by an entity of the federal government. “It was mind-blowing.”

Adding insult to injury, President Bush had just signed the Second Chance Act, which was enacted to help rehabilitate ex-felons through job placement, training and housing. Didn’t Mr. Dennis get the memo?

To Hankins, that was not an option. She would be put in a situation where everyday she faced the possibility of going back into prison.

“At any time these people could have said, ‘OK, you broke a rule,’” says Hankins, which could have led to five more years of incarceration for a single violation. “To me it was a set-up … I saw people, while I was in prison, who came back from the halfway house.”

“They never made it to society … to freedom.”

Angry, she fought hard to end her parole, even writing a letter to Sen. Nelson and telling him what had been suggested by the federal employee. Nelson’s office launched an investigation, although Hankins hasn’t ever been privy to the results. (See Sen. Nelson’s response to Vikki’s letter here.)

As time went on, Hankins had found an apartment in a different probation district (and, more importantly, was no longer under the thumb of Mr. Dennis). As Mr. Dennis waved goodbye he made a point of telling Hankins that in no way did his suggestion of going to a halfway house – nor the subsequent complaints, reporter inquiries and Senatorial investigation about that suggestion – have anything to do with the switch to a different probation officer.

Her new P.O., Marilyn Calvache, was much more kind-hearted and understanding. Plus Hankins was in college now, taking online courses from Everest University and living off the student loan money.

She was able to get the student loan easily because her credit was spotless, blank actually. It is one positive of being held in prison for 18 years. Now she’s like many of us, saddled with a pile of debt.

A4J Publishing

Artwork: A4J Publishing

Cover art from some of Hankins’ A4J Publishing titles, including her own title Trauma

 

“Hopefully by the time I’m done with the education that I prefer – which is in law and politics and all that – that I’ll be able to pay it off,” enthuses Hankins.

Yes, she’s integrating back into society nicely.

Additionally, Hankins got help from Advocate 4 Justice, a non-profit organization based in Atlanta. Advocate 4 Justice is an organization whose mission is to “bring balance to the federal criminal justice system,” according to its website. They periodically sent Hankins clothes, food and the ancient laptop she used to take her college courses.

 

AMAZING, Since She Had Never Seen The Internet Before

“Inside the prison, they don’t have the internet,” recalls Hankins with a chuckle. “I quickly learned how to navigate the internet. It was mind blowing to see how email actually works. … I had never seen such a wealth of information.”

The other technology that really surprised her was the cell phone.

“When I went in [to prison] in 1990, all they had was these huge phones that they would put in people’s cars. And the beepers,” recalls Hankins. “The cell phone … I was like ‘wow.’”

Her new P.O. helped her find employment at Red Lobster, where she excelled. Good reviews from her managers followed.

She was in school, writing her books (as well as publishing others) and giving her now-regular public speaking engagements to youngsters about the dangers of criminality, drugs, bad choices and prison life. She would also talk to anybody who would listen about post-traumatic stress disorder, which she suffered from after her mom committing suicide

“That’s how ended up in prison in the first place,” admits Hankins.

All that success led her new, more understanding, probation officer to conclude that Hankins’ should be taken off probation altogether. How ironic then that the same judge that sentenced a young Vikki Hankins to more than twenty-three years in prison signed off on her release from probation, three years early, in fact.

She was now 100% free, her debts to society fully paid – with interest.

Now Hankins has a degree, her own business and the desire to participate in the betterment of society, possibly by running for office. But she can’t do any of those things until her civil rights are restored.

Her Associates Science Degree in Paralegal Studies – cum laude, she is proud to point out – is practically useless as she cannot get clearance to handle court documents without her civil rights. She had no idea of the rules when she started the course.

“No, I didn’t think that at all. Usually I do some research …,” admits Hankins. “I’m only able to do the things a receptionist would do … in a legal arena. Legal research, stuff like that. But I could not become a certified registered paralegal with the state of Florida.”

Advocate 4 Justice website photo of Vikki Hankins

Photo: Advocate 4 Justice website

Hankins as an Advocate 4 Justice

 

Not until she gets her rights back, anyway. Her latest educational pursuit is a Political Science degree. Until then, she will have to continue giving back to the organization that helped her by helping others in need, as the acting vice president and spokesperson for Advocate 4 Justice.

“My books … speaking … can help people to a certain extent. But I think I would be able to help people more so if I was in a position of public service,” says Hankins, who currently holds down a part-time job selling vacation packages. “I just have the heart for the people, I care. Those experiences [that I had] drove the passion all the way down to my toes.”

She understands the challenges of getting elected with her background, but she remains undaunted, filled with a great tenacity and desire to see it through. Much like everything else she does these days.

Her publishing company – A4J Publishing – is a service to the community in itself, as well as a way to finally tell her side of things through titles such as Trauma and the just-released Trauma II. A4J is the acronym for Advocate 4 Justice, another nod to her allegiance. A4J has also published several titles by the group’s founder, Lt. Garry Jones.

“I started the company because the traditional publishing companies that I contacted about my book wouldn’t give me the opportunity,” said Hankins. “… So that everyday people with powerful stories, messages, or writings can get their books on the market and have fun with it in the process.”

Other A4J Publishing titles include A Tribute To Zora Neale Hurston, Straight Out Of Hell I , and Black Jesus.

Vikki Hankins is living proof that if given the chance, anyone can succeed no matter what is thrown at them. But those who are keeping her from getting her civil rights back are going to far. She has proven herself.

“It’s a book at a time, it’s a speech at a time,” says Hankins. “I’m not standing still. Definitely not going backwards.”

She just wants to live her life … and not be someone’s political pawn anymore.

 

Lead photo by Gian Pietri/Sunshine Slate Images

Resources: Executive Clemency press release (PDF), Florida Department of Corrections press release, Palm Beach Post, Florida Independent, Think Progress, Orlando Sentinel, Rolling Stone, Florida – The Rules Are Different Here

 

civil rights restoration

 

Florida Voter Registration

Gov. Signs Sweeping Elections Law, Likely To Be Challenged In Court

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Democrats, the ACLU, U.S. Sen. Bill Nelson, and various voter registration groups are up in arms over a just-signed bill (CS/CS/HB 1355) that severely overhauls Florida’s election laws., in addition to making it legally tricky for groups to sign up would-be voters. It also shortens the early voting cycle to eight days (down from 14). Absentee voting remains unchanged.

Already, Nelson has officially requested that the Justice Department look into the matter.

Scott and the GOP Lawmakers – who control both the state’s House and the Senate – say the new law will eliminate voter fraud. That assertion is absurd, according to the bill’s many opponents.

Uncharacteristically, Scott did not release a statement to accompany the law’s signing, perhaps because the legislation will need to be reviwed at the federal level (by the Justice Dept., within 60 days) because five Florida counties are closely monitored due to the Voting Rights Act.

Already effected by the new law is Miami-Dade County. Elections officials there have had to cancel plans for early voting in next week’s county-wide mayor’s race. And The League of Women Voters has halted voter registration efforts out of fear of putting volunteers in legal jeopardy or face possible fines for simply signing up people eager to participate in elections.

Challenges Await

The League, along with the American Civil Liberties Union, is looking at challenging the new law in court.

In a tersely worded statement released today, the ACLU’s Howard Simon described the new laws as “grotesquely un-American” and “astonishing voter suppression.”

“With just one bill, they made it harder to register to vote, harder to cast your vote, and harder to have your vote counted,” Simon was quoted as saying.

Such critics point out that the law is really designed to disenfranchise those who traditionally vote for Democrats, including African-Americans, other people of color and college students. Voters who end up trying to make an address change on Election Day – a common practice for those focused on their studies, and the poor who move frequently – would have several new hurdles to clear before their votes are counted. They must now prove that they exist to the satisfaction of the state.

Long-form birth certificates, anyone?

Volunteers who seek out new voters or those needing to change their registration will also now have additional paperwork to file. And if they don’t turn their forms in within 48 hours, they face a $50 fine. And that’s for each form. That could add up to a huge liability for someone turning in hundreds or even thousands of registration forms.

Fraud Is The Word

It’s all under the guise of battling voter fraud, which is real and measurable, according to Republicans, who site sometimes dramatic examples of fraud.

Deirdre Macnab of The League of Women Voters isn’t buying it. In an sharp critique of the law before it was signed, Macnab posted a lengthy blog entry, calling out state Republicans for using the voter fraud issue as justification for the new laws. Macnab, who represents an agency that has signed up voters in the state for more than 70 years, described the issue of voter fraud as  a “red herring” meant to distract from what is really taking shape.

“Our own Secretary of State has reported that zero instances of fraud were reported to him during the most recent election cycle,” wrote Macnab, who also pointed out that the state has spent 10 years and $30 million dollars on a computer database that ensures election integrity. “We cannot and will not place our thousands of volunteers at risk … one late form could result in their facing financial and civil penalties.”

Republicans say the new laws will keep Mickey Mouse from voting, referring to an often cited example of someone trying to register Disney’s flagship character to vote (the form was submitted, but the mouse never actually made it into the system).

Macnab described the new requirements as, “so cumbersome that our volunteers would need to look for paid staffing and attorneys to decipher and keep track of the new red tape.”

Rep. Dennis Baxley (R-Ocala), the bill’s sponsor, doesn’t agree.

“This is our effort to tighten up and provide an election process that is dependable, reliable and accurate,” said Representative Baxley. “Your vote is very important. We want to make sure that your vote is tabulated correctly and with the utmost integrity. Election Day is not a voter registration event, it is a voting event.”

Now we wait for the feds to weigh-in on this contentious new law freshly inked by Gov. Scott.

 

Also See:

PAUL LUX: Florida’s new voting law and what it means I likened some of the changes in election law made by HB 1355 to a five-ring circus, and focused on issues that I felt voters needed to better understand: early voting, address changes on election day, third-party voter registration organizations,

Elections Dominate: Florida Political Roundup On Thursday, Scott signed a controversial elections bill (HB 1355), which took effect immediately in all but five Florida counties that are subject to Department of Justice review based on their history of racial discrimination.

Jessica Lowe-Minor: Why make it harder to vote? During the debate on HB 1355, Rep. Erik Fresen, R-Miami, defended the measure, which will inarguably make it more difficult for eligible citizens to register and cast a ballot, by saying that our current system “coddles” voters. Sen.

Controversial voter law may not affect Highlands HB 1355 shortens the time to 10 days before the election. Previously, early voting wasn’t allowed on Sunday; HB 1355 allows voting on one Sunday during that period. “Miami and those metro counties didn’t want to see the reduction,” Campbell said.

Weekly Roundup: Elections Dominate On Thursday, Scott signed a controversial elections bill (HB 1355), which took effect immediately in all but five Florida counties that are subject to Department of Justice review based on their history of racial discrimination.


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