>> Sreenivasan: THIS ELECTION

DAY, MORE THAN SIX MILLION

AMERICANS WILL BE UNABLE TO VOTE

BECAUSE OF FELONY CONVICTIONS ON

THEIR RECORDS.

MORE THAN A QUARTER OF THEM LIVE

IN FLORIDA, WHERE 1.6 MILLION

PEOPLE, ABOUT 10% OF THE STATE'S

VOTING AGE POPULATION, HAVE BEEN

CONVICTED OF A FELONY.

FLORIDA IS ONE OF ONLY FOUR

STATES WHOSE CONSTITUTIONS

PERMANENTLY BAR PEOPLE WITH SUCH

CONVICTIONS FROM VOTING.

BUT A NEW MEASURE ON FLORIDA'S

NOVEMBER BALLOT MAY BRING A

CHANGE AND AN OPPORTUNITY FOR

SOME WITH FELONY CONVICTIONS TO

GAIN BACK A BASIC CIVIL RIGHT,

THE RIGHT TO VOTE.

NEWSHOUR WEEKEND'S YVETTE

FELICIANO HAS THE STORY.

>> Reporter: DEMETRIUS JIFUNZA

NEVER THOUGHT HE WOULD FIND

HIMSELF IN PRISON.

HE SAYS THAT, GROWING UP IN

SARASOTA, FLORIDA, HE WAS AN

AVERAGE KID WITH A SUPPORTIVE

FAMILY.

>> SO, YOU SEE HOW YOU SWITCHED

IT?

YOU HAD TEN PLUS FIVE HERE.

>> Reporter: BUT AS HE GREW

OLDER, HE STARTED HANGING OUT

WITH A TOUGH CROWD.

WHEN HE WAS 17, HE AND THREE OF

HIS FRIENDS HELD UP A FAST FOOD

RESTAURANT AT GUNPOINT.

DID YOU HAVE A MOMENT BEFORE

GOING INTO IT WHERE YOU THOUGHT,

"I SHOULDN'’’T DO THIS"?

>> YEAH.

ACTUALLY, THERE WERE MANY

MOMENTS LIKE THAT.

IT WAS ONE OF THOSE OF TRYING TO

BE SOMETHING THAT YOU'’’RE NOT.

I KNEW THIS WASN'T ME OR

WHATEVER THE CASE WAS, BUT I DID

NOT WANT TO SEEM THAT I WAS THE

WEAK ONE.

I NEEDED SOME TYPE OF REPUTATION

OR SOMETHING LIKE THAT.

I JUST-- SOME TYPE OF

ACCEPTANCE.

>> Reporter: JIFUNZA EVENTUALLY

TOLD HIS MOTHER, WHO HAPPENED TO

BE A POLICE OFFICER.

HE PLEADED NO CONTEST TO ARMED

ROBBERY, AND THOUGH HE WAS A

MINOR WHEN HE COMMITTED THE

CRIME, HE WAS SENTENCED AS AN

ADULT TO ALMOST FOUR YEARS IN

PRISON PLUS TWO YEARS'

PROBATION.

NOW 41, JIFUNZA HAS TURNED HIS

LIFE AROUND.

HE'S MARRIED WITH THREE CHILDREN

AND WORKS AS A PARALEGAL.

HE'S ALSO A PASTOR AT HIS LOCAL

CHURCH AND IS WORKING ON HIS

MASTER'S DEGREE IN MENTAL

HEALTH.

BUT HE STILL FACES DIFFICULTIES

BECAUSE OF HIS 1996 CONVICTION.

A RECENT JOB OFFER HE RECEIVED

WAS PUT ON HOLD BECAUSE OF IT.

HE CAN'T LEGALLY SERVE ON A JURY

OR HOLD PUBLIC OFFICE.

AND THERE IS ONE OTHER RIGHT

DENIED TO HIM: VOTING.

>> WHEN I WALK THROUGH THAT

FRONT DOOR AND I LOOK AT MY

THREE KIDS, I CAN'T FIGHT FOR

THEM USING MY VOICE.

I CAN'’’T CAST A VOTE ON ANYTHING.

THE SCHOOL BOARD ELECTION WHERE

MY CHILDREN GO.

YOU KNOW, I CAN'T DECIDE WHO'S

GOING TO BE ON THE SCHOOL BOARD.

>> Reporter: FLORIDA'S

DISENFRANCHISEMENT LAW DATES

BACK TO JUST AFTER THE CIVIL

WAR, WHEN THE STATE REWROTE ITS

CONSTITUTION.

>> FLORIDA'S 1865 CONSTITUTION

ENDED SLAVERY, BUT IT RETAINED

THE PROVISIONS PROHIBITING

AFRICAN-AMERICANS FROM VOTING.

>> Reporter: MYRNA PÉÉREZ IS THE

DIRECTOR OF THE VOTING RIGHTS

AND ELECTIONS PROJECT AT N.Y.U.

LAW SCHOOL'S BRENNAN CENTER FOR

JUSTICE.

IT ADVOCATES NATIONALLY FOR

JUSTICE SYSTEM REFORM AND VOTING

RIGHTS, INCLUDING THE

RE-ENFRANCHISEMENT OF FELONY

OFFENDERS.

PÉÉREZ SAYS THAT WHILE FLORIDA'S

1868 CONSTITUTION ALLOWED

AFRICAN AMERICANS TO VOTE, THE

STATE'S LEGISLATORS ALSO FOUND

WAYS TO DENY THEM THAT RIGHT.

>> THEY EXPANDED WHO COULD BE

DISENFRANCHISED AND IMPOSED A

FELONY DISENFRANCHISEMENT IN THE

CONSTITUTION.

THE SECOND THING THEY DID WAS

THEY EXPANDED THE SPECIFIC LIST

OF CRIMES THAT WOULD GET ONE

DISENFRANCHISED TO INCLUDE THE

CRIME OF LARCENY.

>> Reporter: THE POINT, SAYS

PÉÉREZ, WAS TO MAKE VOTING

ILLEGAL FOR THOSE WHO COMMITTED

CRIMES THE LEGISLATORS

ASSOCIATED WITH NEWLY FREED

SLAVES, SUCH AS VAGRANCY AND

PETTY LARCENY.

>> THOSE TWO THINGS TOGETHER

VIRTUALLY REINFORCED THE

PROHIBITION ON AFRICAN-AMERICAN

VOTING.

>> Reporter: 100 YEARS LATER,

FLORIDA REMOVED THE LANGUAGE

SPECIFYING TYPES OF LESSER

CRIMES THAT WOULD BAR A PERSON

FROM VOTING.

BUT IT STILL DENIES ANYONE

CONVICTED OF A FELONY-- BE IT AS

SERIOUS AS MURDER OR AS

RELATIVELY MINOR AS POSSESSION

OF MARIJUANA-- FROM VOTING FOR

LIFE.

BUT ALL OF THAT COULD CHANGE

THIS NOVEMBER, WHEN FLORIDIANS

VOTE ON A BALLOT MEASURE CALLED

"AMENDMENT 4."

IF PASSED, IT WOULD

AUTOMATICALLY RESTORE VOTING

RIGHTS TO ALL FELONY OFFENDERS

WHO HAVE COMPLETED THEIR

SENTENCES, EXCEPT THOSE

CONVICTED OF MURDER OR A SEXUAL

OFFENSE.

THE AMENDMENT HAS NATIONAL

BIPARTISAN BACKING.

IT'S SUPPORTED BY THE BRENNAN

CENTER, AS WELL AS PROGRESSIVE

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

LEAGUE OF WOMEN VOTERS.

IT'S ALSO ENDORSED BY

CONSERVATIVE GROUPS LIKE THE

CHRISTIAN COALITION AND FREEDOM

PARTNERS, WHICH ALSO ADVOCATES

FOR LOWER CORPORATE TAXES AND

ENTITLEMENT REFORM.

SOME LOCAL ORGANIZATIONS ARE FOR

IT, AS WELL, INCLUDING THE

FLORIDA RIGHTS RESTORATION

COALITION.

THE ORGANIZATION, WHICH RECEIVES

FUNDING FROM GROUPS LIKE THE

FORD FOUNDATION AND THE ALLIANCE

FOR SAFETY AND JUSTICE, IS LED

BY PEOPLE WITH FELONY

CONVICTIONS.

THEY REFER TO THEMSELVES AS

"RETURNING CITIZENS."

>> WE COME FROM A PLACE OF

UNDERSTANDING THESE ISSUES

PERSONALLY.

>> Reporter: NEIL VOLZ, THE

GROUP'S POLITICAL DIRECTOR, IS A

FORMER REPUBLICAN CONGRESSIONAL

STAFFER AND LOBBYIST.

IN 2006, HE PLEADED GUILTY IN A

CONGRESSIONAL BRIBERY CASE AND

RECEIVED A FELONY CONVICTION FOR

CONSPIRACY.

>> WE FIGHT THE GOOD FIGHT ON

BEHALF OF THE MILLION-PLUS

FAMILY MEMBERS AND FRIENDS AND

DIRECTLY IMPACTED PEOPLE IN THE

STATE OF FLORIDA WHO KNOW

FIRSTHAND WHAT IT'S LIKE TO WALK

AROUND WITH A FELONY CONVICTION

AND TRY AND GET A JOB OR TRY AND

GET HOUSING OR ANY OF THE

COLLATERAL CONSEQUENCES THAT

ULTIMATELY COME ALONG WITH A

SENTENCE LIKE THAT.

>> Reporter: WHAT WOULD IT MEAN

TO HAVE YOUR VOTING RIGHTS

RESTORED?

>> I MEAN, FOR ME, IT WOULD BE

THE ABILITY TO BE A FULL CITIZEN

IN MY COMMUNITY.

>> DOES YOUR MOM STILL USE

DRUGS?

>> Reporter: CURRENTLY,

RETURNING CITIZENS MUST APPLY TO

FLORIDA'S CLEMENCY BOARD IN

ORDER TO HAVE THEIR RIGHTS

RESTORED.

>> YOU'VE GOT A LOT OF DOMESTIC

VIOLENCE STUFF.

>> Reporter: BUT CRITICS ARGUE

THAT CONVINCING THAT BOARD IS AN

ONEROUS PROCESS.

BEFORE THEY CAN APPLY FOR

CLEMENCY, THOSE WITH FELONY

CONVICTIONS MUST WAIT FIVE TO

SEVEN YEARS AFTER THEY'VE

COMPLETED THEIR SENTENCE,

INCLUDING PRISON TIME AND

PROBATION.

THEN, THEY MUST FILE A WRITTEN

APPLICATION TO THE CLEMENCY

BOARD, WHICH CONSISTS OF ONLY

FOUR PEOPLE: THE GOVERNOR AND

THREE CABINET MEMBERS.

IT HAS A BACKLOG OF OVER 10,000

CASES.

BUT THE PROCESS DOESN'T END

THERE.

MANY APPLICANTS MUST APPEAR

IN-PERSON BEFORE THE BOARD,

WHICH MEETS ONLY FOUR TIMES A

YEAR AND CAN ARBITRARILY DECIDE

WHETHER OR NOT TO APPROVE AN

APPLICATION.

FLORIDA'S REPUBLICAN GOVERNOR,

RICK SCOTT, HEADS THE BOARD.

>> THERE'S ABSOLUTELY NO

STANDARDS, SO WE CAN MAKE ANY

DECISIONS WE WANT.

>> Reporter: DURING THE HEARING,

THE BOARD CAN ASK AN APPLICANT

ANY QUESTION ON ANY SUBJECT.

>> WHEN'S THE LAST TIME YOU HAD

A DRINK?

HOW MANY CHILDREN DO YOU HAVE?

>> SIX.

>> HOW MANY-- HOW MANY DIFFERENT

MOTHERS TO THOSE CHILDREN?

Y'’’ALL GO TO CHURCH?

YOU EVER GO TAKE YOUR PARENTS TO

DINNER?

>> Reporter: IN GOVERNOR RICK

SCOTT'S FIRST SEVEN YEARS IN

OFFICE, ONLY ABOUT 3,000 OUT OF

MORE THAN 30,000 APPLICANTS

REGAINED THEIR VOTING RIGHTS.

BY CONTRAST, HIS PREDECESSOR

RESTORED THE RIGHTS OF MORE THAN

155,000.

IN ORDER TO CHANGE THAT PROCESS,

AMENDMENT 4 NEEDS TO WIN WITH

MORE THAN 60% OF THE VOTE.

A RECENT POLL BY THE UNIVERSITY

OF NORTH FLORIDA SHOWS THAT 71%

OF LIKELY VOTERS SUPPORT THE

AMENDMENT, INCLUDING 83% OF

DEMOCRATS AND 62% OF

REPUBLICANS.

BUT NOT EVERYONE IS ON BOARD.

>> WE THINK THAT THIS PROPOSED

CHANGE IS BAD POLICY.

>> Reporter: RICHARD HARRISON IS

A FLORIDA ATTORNEY AND THE

EXECUTIVE DIRECTOR OF FLORIDIANS

FOR A SENSIBLE VOTING RIGHTS

POLICY, A PRIVATELY-FUNDED

NON-PROFIT WHICH ADVOCATES IN

FAVOR OF FLORIDA'S

DISENFRANCHISEMENT LAW.

>> YOU'VE GOT TO GO THROUGH THE

PROCESS, AND YOU'VE GOT TO

CONVINCE THE CLEMENCY BOARD AND

THE GOVERNOR THAT YOU'VE REALLY

CHANGED YOUR LIFE AROUND.

>> A PERSON'S RIGHT TO VOTE HAS

BEEN A POLITICAL FOOTBALL,

WHERE YOUR RIGHT TO VOTE CAN

DEPEND UPON WHO'S IN OFFICE AND

WHAT THEY FEEL LIKE THAT DAY.

PART OF THE BEAUTY OF THE

AMENDMENT IS THAT IT SETS FORTH

A CLEAR STANDARD THAT PEOPLE

UNDERSTAND THAT DOESN'T HAVE TO

DEAL WITH WHIM OR DISCRETION BUT

WILL ACTUALLY BE AN ACROSS-THE-

BOARD APPLIED RULE.

>> Reporter: BUT RICHARD

HARRISON SAYS A SINGLE CLEAR

STANDARD IS EXACTLY WHAT'S WRONG

WITH THE AMENDMENT.

>> IT MAKES NO DISTINCTION.

IT DOESN'T TREAT THAT PROPERTY

CRIME ANY DIFFERENTLY THAN

SOMEBODY WHO SHOOTS A LIQUOR

STORE CLERK IN A ROBBERY.

IT SAYS, "WE'RE GOING TO TREAT

YOU EXACTLY THE SAME."

AND THAT DOESN'T MAKE SENSE TO

US, AND I DON'T THINK IT MAKES

SENSE TO MOST REASONABLE PEOPLE.

>> THIS AMENDMENT INCLUDES

EXCLUSIONS FOR PEOPLE WHO HAVE

MURDER CONVICTIONS AS WELL AS

PEOPLE WHO HAVE VIOLENT SEXUAL

FELONIES.

BUT IT'S BUILT ON THIS CONCEPT

THAT WHEN A DEBT IS PAID, IT'S

PAID.

WHEN SOMEBODY'S ABLE TO

RECONNECT WITH THEIR COMMUNITY

QUICKLY, THEY'RE MUCH LESS

LIKELY TO RE-OFFEND.

SO, YOU CAN SEE THAT ON STUDIES

DONE BY THE RIGHT, STUDIES DONE

BY THE LEFT, STUDIES DONE IN THE

MIDDLE.

>> Reporter: A 2012 STUDY IN THE

UNIVERSITY OF CALIFORNIA AT

BERKELEY'S LA RAZA LAW JOURNAL

SUPPORTS THIS ARGUMENT.

IT ESTIMATES THAT PRISONERS IN

STATES THAT RESTORE VOTING

RIGHTS AFTER RELEASE ARE ABOUT

10% LESS LIKELY TO REOFFEND.

BUT RECIDIVISM IS FAR FROM THE

ONLY ISSUE.

THERE ARE POLITICAL

CONSIDERATIONS, TOO.

IN FACT, HARRISON SAYS THAT

AMENDMENT 4 IS A POLITICAL PLOY

TO UPEND FLORIDA'S FAMOUSLY

DIVIDED ELECTORATE.

>> IF THERE'S A MILLION AND A

HALF CONVICTED FELONS IN

FLORIDA, AND, IN NOVEMBER, THE

DAY AFTER THE ELECTION, THEY'RE

SUDDENLY ALL QUALIFIED TO VOTE,

WELL, THAT'S A MILLION AND A

HALF NEW POTENTIAL VOTERS.

EVERYBODY ON BOTH SIDES OF THIS

ISSUE SEEMS TO AGREE THAT THAT

UNIVERSE OF NEW VOTERS, IF THEY

ACTUALLY GO OUT AND REGISTER,

ARE PROBABLY GOING TO BE MORE

INCLINED REGISTRATION-WISE TO

FAVOR THE DEMOCRATIC PARTY.

>> Reporter: WHAT DATA IS THERE

TO SUPPORT THAT?

>> NONE, NONE.

BUT...

>> Reporter: I ASK BECAUSE...

>> ...EVERYBODY SEEMS TO AGREE.

I HAVEN'T HEARD ANYBODY SUGGEST

THAT, YOU KNOW, THAT UNIVERSE OF

PEOPLE ARE REALLY A BUNCH OF,

YOU KNOW, POTENTIAL REPUBLICANS.

>> Reporter: NEIL VOLZ, A

CONSERVATIVE, DISAGREES.

>> THE TRUTH IS, I AM A 20-PLUS-

YEAR CONSERVATIVE REPUBLICAN.

I BRING THAT UP NOT TO MAKE AN

ISSUE OF IT BUT TO ACTUALLY NOT

MAKE AN ISSUE OF IT.

THIS ISSUE ISN'T ABOUT POLITICS.

IT'’’S ABOUT PEOPLE.

IT'S ABOUT, YOU KNOW, WHETHER

SOMEONE CAN VOTE AND NOT HOW

THEY VOTE.

WHEN A DEBT IS PAID, IT'S PAID.

>> Reporter: IF AMENDMENT 4

PASSES, 2018 WOULD BE THE LAST

YEAR IN WHICH FLORIDIANS LIKE

DEMETRIUS JIFUNZA WOULD BE

TURNED AWAY FROM THE BALLOT BOX.

HE APPLIED TO HAVE HIS RIGHTS

RESTORED 16 YEARS AGO IN 2002.

WHAT HAS BEEN THE MOVEMENT ON

YOUR APPLICATION?

>> I DON'’’T KNOW.

I HAVEN'’’T HEARD ANYTHING.

>> Reporter: NOT A THING?

>> NOT A WORD.

NOT EVEN A PHONE CALL.

I MADE A MISTAKE WHEN I WAS 17

YEARS OLD.

I'’’M HOME NOW.

I'VE ACCOMPLISHED MANY, MANY

THINGS.

I HAVE A LOVING FAMILY.

I'M DOING EVERYTHING THAT'S

REQUIRED OF ME, AND I'VE BEAT

ALL STATISTICS.