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>> Sreenivasan: THIS ELECTION

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DAY, MORE THAN SIX MILLION

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AMERICANS WILL BE UNABLE TO VOTE

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BECAUSE OF FELONY CONVICTIONS ON

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THEIR RECORDS.

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MORE THAN A QUARTER OF THEM LIVE

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IN FLORIDA, WHERE 1.6 MILLION

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PEOPLE, ABOUT 10% OF THE STATE'S

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VOTING AGE POPULATION, HAVE BEEN

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CONVICTED OF A FELONY.

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FLORIDA IS ONE OF ONLY FOUR

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STATES WHOSE CONSTITUTIONS

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PERMANENTLY BAR PEOPLE WITH SUCH

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CONVICTIONS FROM VOTING.

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BUT A NEW MEASURE ON FLORIDA'S

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NOVEMBER BALLOT MAY BRING A

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CHANGE AND AN OPPORTUNITY FOR

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SOME WITH FELONY CONVICTIONS TO

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GAIN BACK A BASIC CIVIL RIGHT,

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THE RIGHT TO VOTE.

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NEWSHOUR WEEKEND'S YVETTE

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FELICIANO HAS THE STORY.

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>> Reporter: DEMETRIUS JIFUNZA

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NEVER THOUGHT HE WOULD FIND

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HIMSELF IN PRISON.

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HE SAYS THAT, GROWING UP IN

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SARASOTA, FLORIDA, HE WAS AN

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AVERAGE KID WITH A SUPPORTIVE

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FAMILY.

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>> SO, YOU SEE HOW YOU SWITCHED

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IT?

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YOU HAD TEN PLUS FIVE HERE.

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>> Reporter: BUT AS HE GREW

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OLDER, HE STARTED HANGING OUT

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WITH A TOUGH CROWD.

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WHEN HE WAS 17, HE AND THREE OF

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HIS FRIENDS HELD UP A FAST FOOD

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RESTAURANT AT GUNPOINT.

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DID YOU HAVE A MOMENT BEFORE

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GOING INTO IT WHERE YOU THOUGHT,

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"I SHOULDN'’’T DO THIS"?

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>> YEAH.

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ACTUALLY, THERE WERE MANY

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MOMENTS LIKE THAT.

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IT WAS ONE OF THOSE OF TRYING TO

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BE SOMETHING THAT YOU'’’RE NOT.

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I KNEW THIS WASN'T ME OR

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WHATEVER THE CASE WAS, BUT I DID

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NOT WANT TO SEEM THAT I WAS THE

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WEAK ONE.

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I NEEDED SOME TYPE OF REPUTATION

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OR SOMETHING LIKE THAT.

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I JUST-- SOME TYPE OF

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ACCEPTANCE.

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>> Reporter: JIFUNZA EVENTUALLY

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TOLD HIS MOTHER, WHO HAPPENED TO

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BE A POLICE OFFICER.

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HE PLEADED NO CONTEST TO ARMED

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ROBBERY, AND THOUGH HE WAS A

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MINOR WHEN HE COMMITTED THE

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CRIME, HE WAS SENTENCED AS AN

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ADULT TO ALMOST FOUR YEARS IN

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PRISON PLUS TWO YEARS'

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PROBATION.

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NOW 41, JIFUNZA HAS TURNED HIS

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LIFE AROUND.

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HE'S MARRIED WITH THREE CHILDREN

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AND WORKS AS A PARALEGAL.

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HE'S ALSO A PASTOR AT HIS LOCAL

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CHURCH AND IS WORKING ON HIS

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MASTER'S DEGREE IN MENTAL

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HEALTH.

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BUT HE STILL FACES DIFFICULTIES

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BECAUSE OF HIS 1996 CONVICTION.

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A RECENT JOB OFFER HE RECEIVED

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WAS PUT ON HOLD BECAUSE OF IT.

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HE CAN'T LEGALLY SERVE ON A JURY

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OR HOLD PUBLIC OFFICE.

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AND THERE IS ONE OTHER RIGHT

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DENIED TO HIM: VOTING.

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>> WHEN I WALK THROUGH THAT

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FRONT DOOR AND I LOOK AT MY

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THREE KIDS, I CAN'T FIGHT FOR

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THEM USING MY VOICE.

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I CAN'’’T CAST A VOTE ON ANYTHING.

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THE SCHOOL BOARD ELECTION WHERE

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MY CHILDREN GO.

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YOU KNOW, I CAN'T DECIDE WHO'S

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GOING TO BE ON THE SCHOOL BOARD.

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>> Reporter: FLORIDA'S

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DISENFRANCHISEMENT LAW DATES

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BACK TO JUST AFTER THE CIVIL

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WAR, WHEN THE STATE REWROTE ITS

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CONSTITUTION.

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>> FLORIDA'S 1865 CONSTITUTION

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ENDED SLAVERY, BUT IT RETAINED

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THE PROVISIONS PROHIBITING

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AFRICAN-AMERICANS FROM VOTING.

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>> Reporter: MYRNA PÉÉREZ IS THE

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DIRECTOR OF THE VOTING RIGHTS

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AND ELECTIONS PROJECT AT N.Y.U.

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LAW SCHOOL'S BRENNAN CENTER FOR

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JUSTICE.

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IT ADVOCATES NATIONALLY FOR

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JUSTICE SYSTEM REFORM AND VOTING

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RIGHTS, INCLUDING THE

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RE-ENFRANCHISEMENT OF FELONY

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OFFENDERS.

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PÉÉREZ SAYS THAT WHILE FLORIDA'S

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1868 CONSTITUTION ALLOWED

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AFRICAN AMERICANS TO VOTE, THE

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STATE'S LEGISLATORS ALSO FOUND

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WAYS TO DENY THEM THAT RIGHT.

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>> THEY EXPANDED WHO COULD BE

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DISENFRANCHISED AND IMPOSED A

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FELONY DISENFRANCHISEMENT IN THE

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CONSTITUTION.

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THE SECOND THING THEY DID WAS

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THEY EXPANDED THE SPECIFIC LIST

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OF CRIMES THAT WOULD GET ONE

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DISENFRANCHISED TO INCLUDE THE

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CRIME OF LARCENY.

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>> Reporter: THE POINT, SAYS

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PÉÉREZ, WAS TO MAKE VOTING

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ILLEGAL FOR THOSE WHO COMMITTED

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CRIMES THE LEGISLATORS

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ASSOCIATED WITH NEWLY FREED

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SLAVES, SUCH AS VAGRANCY AND

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PETTY LARCENY.

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>> THOSE TWO THINGS TOGETHER

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VIRTUALLY REINFORCED THE

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PROHIBITION ON AFRICAN-AMERICAN

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VOTING.

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>> Reporter: 100 YEARS LATER,

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FLORIDA REMOVED THE LANGUAGE

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SPECIFYING TYPES OF LESSER

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CRIMES THAT WOULD BAR A PERSON

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FROM VOTING.

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BUT IT STILL DENIES ANYONE

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CONVICTED OF A FELONY-- BE IT AS

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SERIOUS AS MURDER OR AS

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RELATIVELY MINOR AS POSSESSION

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OF MARIJUANA-- FROM VOTING FOR

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LIFE.

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BUT ALL OF THAT COULD CHANGE

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THIS NOVEMBER, WHEN FLORIDIANS

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VOTE ON A BALLOT MEASURE CALLED

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"AMENDMENT 4."

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IF PASSED, IT WOULD

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AUTOMATICALLY RESTORE VOTING

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RIGHTS TO ALL FELONY OFFENDERS

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WHO HAVE COMPLETED THEIR

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SENTENCES, EXCEPT THOSE

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CONVICTED OF MURDER OR A SEXUAL

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OFFENSE.

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THE AMENDMENT HAS NATIONAL

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BIPARTISAN BACKING.

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IT'S SUPPORTED BY THE BRENNAN

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CENTER, AS WELL AS PROGRESSIVE

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GROUPS LIKE THE A.C.L.U. AND THE

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LEAGUE OF WOMEN VOTERS.

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IT'S ALSO ENDORSED BY

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CONSERVATIVE GROUPS LIKE THE

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CHRISTIAN COALITION AND FREEDOM

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PARTNERS, WHICH ALSO ADVOCATES

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FOR LOWER CORPORATE TAXES AND

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ENTITLEMENT REFORM.

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SOME LOCAL ORGANIZATIONS ARE FOR

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IT, AS WELL, INCLUDING THE

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FLORIDA RIGHTS RESTORATION

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COALITION.

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THE ORGANIZATION, WHICH RECEIVES

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FUNDING FROM GROUPS LIKE THE

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FORD FOUNDATION AND THE ALLIANCE

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FOR SAFETY AND JUSTICE, IS LED

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BY PEOPLE WITH FELONY

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CONVICTIONS.

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THEY REFER TO THEMSELVES AS

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"RETURNING CITIZENS."

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>> WE COME FROM A PLACE OF

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UNDERSTANDING THESE ISSUES

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PERSONALLY.

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>> Reporter: NEIL VOLZ, THE

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GROUP'S POLITICAL DIRECTOR, IS A

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FORMER REPUBLICAN CONGRESSIONAL

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STAFFER AND LOBBYIST.

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IN 2006, HE PLEADED GUILTY IN A

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CONGRESSIONAL BRIBERY CASE AND

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RECEIVED A FELONY CONVICTION FOR

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CONSPIRACY.

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>> WE FIGHT THE GOOD FIGHT ON

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BEHALF OF THE MILLION-PLUS

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FAMILY MEMBERS AND FRIENDS AND

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DIRECTLY IMPACTED PEOPLE IN THE

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STATE OF FLORIDA WHO KNOW

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FIRSTHAND WHAT IT'S LIKE TO WALK

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AROUND WITH A FELONY CONVICTION

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AND TRY AND GET A JOB OR TRY AND

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GET HOUSING OR ANY OF THE

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COLLATERAL CONSEQUENCES THAT

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ULTIMATELY COME ALONG WITH A

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SENTENCE LIKE THAT.

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>> Reporter: WHAT WOULD IT MEAN

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TO HAVE YOUR VOTING RIGHTS

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RESTORED?

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>> I MEAN, FOR ME, IT WOULD BE

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THE ABILITY TO BE A FULL CITIZEN

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IN MY COMMUNITY.

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>> DOES YOUR MOM STILL USE

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DRUGS?

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>> Reporter: CURRENTLY,

212
00:05:42,208 --> 00:05:44,110
RETURNING CITIZENS MUST APPLY TO

213
00:05:44,110 --> 00:05:45,478
FLORIDA'S CLEMENCY BOARD IN

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ORDER TO HAVE THEIR RIGHTS

215
00:05:46,679 --> 00:05:47,380
RESTORED.

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00:05:47,380 --> 00:05:49,816
>> YOU'VE GOT A LOT OF DOMESTIC

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VIOLENCE STUFF.

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>> Reporter: BUT CRITICS ARGUE

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THAT CONVINCING THAT BOARD IS AN

220
00:05:53,753 --> 00:05:55,455
ONEROUS PROCESS.

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BEFORE THEY CAN APPLY FOR

222
00:05:56,556 --> 00:05:58,324
CLEMENCY, THOSE WITH FELONY

223
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CONVICTIONS MUST WAIT FIVE TO

224
00:06:00,693 --> 00:06:02,528
SEVEN YEARS AFTER THEY'VE

225
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COMPLETED THEIR SENTENCE,

226
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INCLUDING PRISON TIME AND

227
00:06:05,431 --> 00:06:06,499
PROBATION.

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00:06:06,499 --> 00:06:08,301
THEN, THEY MUST FILE A WRITTEN

229
00:06:08,301 --> 00:06:09,635
APPLICATION TO THE CLEMENCY

230
00:06:09,635 --> 00:06:11,270
BOARD, WHICH CONSISTS OF ONLY

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FOUR PEOPLE: THE GOVERNOR AND

232
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THREE CABINET MEMBERS.

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IT HAS A BACKLOG OF OVER 10,000

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CASES.

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BUT THE PROCESS DOESN'T END

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THERE.

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MANY APPLICANTS MUST APPEAR

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IN-PERSON BEFORE THE BOARD,

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00:06:23,683 --> 00:06:25,051
WHICH MEETS ONLY FOUR TIMES A

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YEAR AND CAN ARBITRARILY DECIDE

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WHETHER OR NOT TO APPROVE AN

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APPLICATION.

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FLORIDA'S REPUBLICAN GOVERNOR,

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RICK SCOTT, HEADS THE BOARD.

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>> THERE'S ABSOLUTELY NO

246
00:06:34,460 --> 00:06:36,295
STANDARDS, SO WE CAN MAKE ANY

247
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DECISIONS WE WANT.

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>> Reporter: DURING THE HEARING,

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THE BOARD CAN ASK AN APPLICANT

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ANY QUESTION ON ANY SUBJECT.

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>> WHEN'S THE LAST TIME YOU HAD

252
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A DRINK?

253
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HOW MANY CHILDREN DO YOU HAVE?

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>> SIX.

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>> HOW MANY-- HOW MANY DIFFERENT

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MOTHERS TO THOSE CHILDREN?

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Y'’’ALL GO TO CHURCH?

258
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YOU EVER GO TAKE YOUR PARENTS TO

259
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DINNER?

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>> Reporter: IN GOVERNOR RICK

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SCOTT'S FIRST SEVEN YEARS IN

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OFFICE, ONLY ABOUT 3,000 OUT OF

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MORE THAN 30,000 APPLICANTS

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REGAINED THEIR VOTING RIGHTS.

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BY CONTRAST, HIS PREDECESSOR

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RESTORED THE RIGHTS OF MORE THAN

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155,000.

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IN ORDER TO CHANGE THAT PROCESS,

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AMENDMENT 4 NEEDS TO WIN WITH

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MORE THAN 60% OF THE VOTE.

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A RECENT POLL BY THE UNIVERSITY

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OF NORTH FLORIDA SHOWS THAT 71%

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OF LIKELY VOTERS SUPPORT THE

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AMENDMENT, INCLUDING 83% OF

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DEMOCRATS AND 62% OF

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REPUBLICANS.

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BUT NOT EVERYONE IS ON BOARD.

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>> WE THINK THAT THIS PROPOSED

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CHANGE IS BAD POLICY.

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>> Reporter: RICHARD HARRISON IS

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A FLORIDA ATTORNEY AND THE

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EXECUTIVE DIRECTOR OF FLORIDIANS

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FOR A SENSIBLE VOTING RIGHTS

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POLICY, A PRIVATELY-FUNDED

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NON-PROFIT WHICH ADVOCATES IN

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FAVOR OF FLORIDA'S

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DISENFRANCHISEMENT LAW.

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>> YOU'VE GOT TO GO THROUGH THE

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PROCESS, AND YOU'VE GOT TO

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CONVINCE THE CLEMENCY BOARD AND

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THE GOVERNOR THAT YOU'VE REALLY

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CHANGED YOUR LIFE AROUND.

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>> A PERSON'S RIGHT TO VOTE HAS

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BEEN A POLITICAL FOOTBALL,

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WHERE YOUR RIGHT TO VOTE CAN

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DEPEND UPON WHO'S IN OFFICE AND

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WHAT THEY FEEL LIKE THAT DAY.

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PART OF THE BEAUTY OF THE

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AMENDMENT IS THAT IT SETS FORTH

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A CLEAR STANDARD THAT PEOPLE

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UNDERSTAND THAT DOESN'T HAVE TO

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DEAL WITH WHIM OR DISCRETION BUT

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WILL ACTUALLY BE AN ACROSS-THE-

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BOARD APPLIED RULE.

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>> Reporter: BUT RICHARD

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HARRISON SAYS A SINGLE CLEAR

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STANDARD IS EXACTLY WHAT'S WRONG

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WITH THE AMENDMENT.

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>> IT MAKES NO DISTINCTION.

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IT DOESN'T TREAT THAT PROPERTY

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CRIME ANY DIFFERENTLY THAN

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SOMEBODY WHO SHOOTS A LIQUOR

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STORE CLERK IN A ROBBERY.

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IT SAYS, "WE'RE GOING TO TREAT

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YOU EXACTLY THE SAME."

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AND THAT DOESN'T MAKE SENSE TO

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US, AND I DON'T THINK IT MAKES

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SENSE TO MOST REASONABLE PEOPLE.

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>> THIS AMENDMENT INCLUDES

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EXCLUSIONS FOR PEOPLE WHO HAVE

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MURDER CONVICTIONS AS WELL AS

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PEOPLE WHO HAVE VIOLENT SEXUAL

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FELONIES.

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BUT IT'S BUILT ON THIS CONCEPT

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THAT WHEN A DEBT IS PAID, IT'S

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PAID.

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WHEN SOMEBODY'S ABLE TO

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RECONNECT WITH THEIR COMMUNITY

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QUICKLY, THEY'RE MUCH LESS

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LIKELY TO RE-OFFEND.

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SO, YOU CAN SEE THAT ON STUDIES

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DONE BY THE RIGHT, STUDIES DONE

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BY THE LEFT, STUDIES DONE IN THE

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MIDDLE.

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>> Reporter: A 2012 STUDY IN THE

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UNIVERSITY OF CALIFORNIA AT

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BERKELEY'S LA RAZA LAW JOURNAL

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SUPPORTS THIS ARGUMENT.

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IT ESTIMATES THAT PRISONERS IN

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STATES THAT RESTORE VOTING

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RIGHTS AFTER RELEASE ARE ABOUT

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10% LESS LIKELY TO REOFFEND.

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BUT RECIDIVISM IS FAR FROM THE

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ONLY ISSUE.

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THERE ARE POLITICAL

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CONSIDERATIONS, TOO.

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IN FACT, HARRISON SAYS THAT

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AMENDMENT 4 IS A POLITICAL PLOY

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TO UPEND FLORIDA'S FAMOUSLY

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DIVIDED ELECTORATE.

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00:09:27,967 --> 00:09:28,734
>> IF THERE'S A MILLION AND A

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HALF CONVICTED FELONS IN

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FLORIDA, AND, IN NOVEMBER, THE

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DAY AFTER THE ELECTION, THEY'RE

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SUDDENLY ALL QUALIFIED TO VOTE,

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WELL, THAT'S A MILLION AND A

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HALF NEW POTENTIAL VOTERS.

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EVERYBODY ON BOTH SIDES OF THIS

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ISSUE SEEMS TO AGREE THAT THAT

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UNIVERSE OF NEW VOTERS, IF THEY

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ACTUALLY GO OUT AND REGISTER,

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ARE PROBABLY GOING TO BE MORE

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INCLINED REGISTRATION-WISE TO

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FAVOR THE DEMOCRATIC PARTY.

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00:10:01,133 --> 00:10:01,934
>> Reporter: WHAT DATA IS THERE

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00:10:01,934 --> 00:10:03,102
TO SUPPORT THAT?

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00:10:03,102 --> 00:10:05,538
>> NONE, NONE.

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BUT...

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00:10:05,871 --> 00:10:06,572
>> Reporter: I ASK BECAUSE...

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00:10:06,572 --> 00:10:08,975
>> ...EVERYBODY SEEMS TO AGREE.

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00:10:08,975 --> 00:10:10,376
I HAVEN'T HEARD ANYBODY SUGGEST

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THAT, YOU KNOW, THAT UNIVERSE OF

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PEOPLE ARE REALLY A BUNCH OF,

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YOU KNOW, POTENTIAL REPUBLICANS.

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>> Reporter: NEIL VOLZ, A

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00:10:16,515 --> 00:10:19,051
CONSERVATIVE, DISAGREES.

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00:10:19,051 --> 00:10:20,386
>> THE TRUTH IS, I AM A 20-PLUS-

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00:10:20,386 --> 00:10:22,288
YEAR CONSERVATIVE REPUBLICAN.

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I BRING THAT UP NOT TO MAKE AN

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00:10:24,056 --> 00:10:25,725
ISSUE OF IT BUT TO ACTUALLY NOT

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MAKE AN ISSUE OF IT.

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00:10:26,993 --> 00:10:28,561
THIS ISSUE ISN'T ABOUT POLITICS.

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IT'’’S ABOUT PEOPLE.

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00:10:29,829 --> 00:10:31,397
IT'S ABOUT, YOU KNOW, WHETHER

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SOMEONE CAN VOTE AND NOT HOW

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THEY VOTE.

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WHEN A DEBT IS PAID, IT'S PAID.

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00:10:36,168 --> 00:10:37,136
>> Reporter: IF AMENDMENT 4

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00:10:37,136 --> 00:10:40,473
PASSES, 2018 WOULD BE THE LAST

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00:10:40,473 --> 00:10:42,141
YEAR IN WHICH FLORIDIANS LIKE

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00:10:42,141 --> 00:10:43,876
DEMETRIUS JIFUNZA WOULD BE

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00:10:43,876 --> 00:10:45,945
TURNED AWAY FROM THE BALLOT BOX.

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00:10:45,945 --> 00:10:47,446
HE APPLIED TO HAVE HIS RIGHTS

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00:10:47,446 --> 00:10:51,550
RESTORED 16 YEARS AGO IN 2002.

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00:10:51,550 --> 00:10:53,085
WHAT HAS BEEN THE MOVEMENT ON

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00:10:53,085 --> 00:10:54,587
YOUR APPLICATION?

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00:10:54,587 --> 00:10:55,521
>> I DON'’’T KNOW.

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00:10:55,521 --> 00:10:56,856
I HAVEN'’’T HEARD ANYTHING.

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00:10:56,856 --> 00:10:57,657
>> Reporter: NOT A THING?

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00:10:57,657 --> 00:10:58,391
>> NOT A WORD.

401
00:10:58,391 --> 00:10:59,425
NOT EVEN A PHONE CALL.

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00:10:59,425 --> 00:11:01,027
I MADE A MISTAKE WHEN I WAS 17

403
00:11:01,027 --> 00:11:02,728
YEARS OLD.

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00:11:02,728 --> 00:11:04,196
I'’’M HOME NOW.

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00:11:04,196 --> 00:11:06,032
I'VE ACCOMPLISHED MANY, MANY

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00:11:06,032 --> 00:11:06,599
THINGS.

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00:11:06,599 --> 00:11:07,967
I HAVE A LOVING FAMILY.

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00:11:07,967 --> 00:11:09,168
I'M DOING EVERYTHING THAT'S

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00:11:09,168 --> 00:11:12,605
REQUIRED OF ME, AND I'VE BEAT

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00:11:10,536 --> 00:11:12,638
ALL STATISTICS.