The Clerk of the Circuit Court provides a list of persons that have been convicted of a felony or a case file of a convicted felon is provided by the Department of State. F.S. 98.075(5)
In either case a letter of notification is sent to each individual who is registered to vote. The letter explains how to obtain the restoration of civil rights as well as an affirmation to deny or appeal the information that was obtained. Once the letter is mailed to the individual, the individual has 30 days to respond by telephone or by signed returned affirmation. If no contact is attempted by the individual, the name and last known address of the individual is published in the local newspaper. The individual has 30 days to respond to the Supervisor of Elections. If no response is made from the individual from the published newspaper notice, then the person is removed from the voter registration books. F.S. 98.075(7) If a voter is removed due to a felony conviction and they would like to restore their voting rights they may contact the Office of Executive Clemency at 850-488-2952. If a voter believes that he or she has been erroneously removed from the voter registration books, they may contact Thomas Hardee at the Supervisor of Elections office at (850)973-6507.
Frequently Asked Questions:
I was convicted of a misdemeanor. Am I still eligible to vote?
Yes. Only those charges that are adjudicated guilty as a felony would disallow a person from voting.
I was convicted of a felony charge, but I was put on probation and have not received clemency. Am I able to vote or apply to vote and is there any waiting period?
No. You must first apply for and receive clemency. “… after completion of all sentences imposed an all conditions of supervision have expired or been complete, including but not limited to, imprisonment, parole, probation, community control, control release, and conditional release, has not pending outstanding detainers or pending criminal charges, and has paid all restitution pursuant to a court order or civil judgment and obligations pursuant to Chapter 960, Florida Statutes” (Rules of Executive Clemency).
What rights are restored?
The basic civil rights that are restored are: the right to vote, the right to serve on a jury, and the right to hold public office. In addition, restoration of civil rights may allow you to be considered for certain types of employment licenses. The right to own, possess, or use firearms requires an application and there is a waiting period of 8 years from the date sentence expired or supervision terminated.
How can I apply for Clemency (other than civil rights)?
All persons seeking clemency (other than civil rights) must complete an application and submit it to the Office of Executive Clemency. Application forms are furnished on the Clemency Website and by the Office of Executive Clemency upon request or you may call the Madison County Supervisor of Elections Office at (850) 973-6507.
I was convicted of a felony in another state or in Federal court and did not apply for clemency, but am now residing in Florida; can I apply for clemency in the State of Florida?
“If the person has been convicted in a court other than a court of the State of Florida, a request for restoration of civil rights or alien status under Florida law must be submitted in accordance with the Rule 6. Such request shall be reviewed by the Florida Parole Commission to determine if the requirements under Rule 10(A) are met. If the Commission certifies that all of the requirements in Rule 10(A) are met, the Coordinator shall follow the procedures for the restoration of civil rights or alien status without a hearing as enumerated herein”. Additionally, “he or she must be a legal resident of the State of Florida at the time the application is filed, considered or acted upon” (Rules of Executive Clemency). Please visit the Clemency Website for more information regarding the Rules.
I received my Certificate of Civil Rights Restoration and now want to register to vote; Do I need to provide a copy of the Certificate of Civil Rights Restoration along with my application for voter registration?
No. In order to register to vote, a person need only check the appropriate box on the voter registration application indicating that he or she is not a convicted felon, or has had his or her rights restored.
How do I check the status of my civil rights restoration paperwork?
To check the status of restoration of civil rights, you may visit the Clemency Website.
Who is on the Clemency Board?
The Governor and members of the Cabinet collectively the Clemency Board.
Where can I find more information on Clemency?
Additional information may be found at the Clemency Website .