"Civil Death": Felony Disenfranchisement in Florida Público

Abstract

Felony disenfranchisement – the rule which revokes a person’s right to vote on account of a felony conviction – was one of the most persistent forms of voter suppression in the United States. As with other forms of voter suppression, including poll taxes, grandfather clauses, and literacy tests, white legislators weaponized felony disenfranchisement to specifically target Black voters. While the gains of the Civil Rights Movement eventually dismantled other voter suppression tactics, felony disenfranchisement stayed and, in some states, continued to shape elections in the 21^st century. One of these states was Florida, where felony disenfranchisement was implemented in 1838 and racialized in 1868. After the abolition of slavery, felony disenfranchisement proved an effective way to prevent Black voters from casting their ballots. Although seemingly a non-racial policy, the racial disparities of the criminal justice system ensured that felony disenfranchisement had a racial effect. The provision’s link to criminality allowed for it to adapt to changing political climates of the 20^th century.

It was not until the rise of mass incarceration did scholars, legislators, and activists begin to notice the effects of the provision on Black voting power. In 2018, the abandonment of felony disenfranchisement appeared possible, when 64.5% of Floridians voted to eliminate it in the midterm elections. Despite this decision, Republican leaders attempted to derail its abolition, a process which remains ongoing as of April 2021. This thesis examines the persistence of felony disenfranchisement from 1868 to 2021 and argues that the provision’s racially disparate implementation explains its endurance over time.

Table of Contents

Introduction……………………………………………………………………………………………………………1

Chapter 1: The Early Racialization of Felony Disenfranchisement………………………………………10

Chapter 2: The Expansion of Felony Disenfranchisement and Its Consequences…….…………......21

Chapter 3: New World: Same Old Felony Disenfranchisement….……………………………..............34

Changes to Voting and Crime Discourse……………………………………………………………...36

The 1968 Constitutional Revision Commission……………………………………….................41

The Persistence of Felony Disenfranchisement………………………..….………….................47

Chapter 4: Ending Felony Disenfranchisement……………………………………………………………….62

Conclusion……………………………………………………………………………………………………………..73

Bibliography……………………………………………………………………………………………………………76

About this Honors Thesis

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School	Emory College
Department	History
Degree	B.A.
Submission	Honors Thesis
Language	English
Research Field	History, United States
Palavra-chave	Criminal Justice Race Florida Voting Rights
Committee Chair / Thesis Advisor	Allitt, Patrick, Emory University
Committee Members	Anderson, Carol, Emory University LaChance, Daniel, Emory University

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