LWV Florida v. Byrd (NVRA lawsuit)

The League of Women Voters of Florida (LWV Florida) and the Florida State Conference of the NAACP filed a lawsuit in the United States District Court for the Northern District of Florida, Tallahassee Division, arguing that Florida’s uniform statewide voter registration application form violated the National Voter Registration Act (NVRA). The NVRA requires states to inform applicants of eligibility requirements for voter registration and the penalties for submitting a false application.  

In 2018, Florida voters enacted Amendment 4, which revised Florida’s constitution to automatically restore voting rights for citizens with felony convictions, except those convicted of murder or a felony sexual offense, upon “completion of all terms of sentence, including parole or probation.” Shortly thereafter, the Florida Legislature passed legislation that defined “completion of all terms of sentence” to include payment of all fines, fees, costs, and restitution (called legal financial obligations (LFOs)) imposed as part of the felony conviction.

LWV Florida and its partners filed a lawsuit asserting this requirement to pay before voting was unconstitutional. The provision on LFOs was subsequently upheld by the Eleventh Circuit Court of Appeals. Currently, there is no reliable public database or record for determining whether applicants owe money or have debts that disqualify them from voting, with numerous reports of confusion and uncertainty among citizens with felony convictions seeking to vote.

LWV Florida and its partners requested that the court declare that the statewide voter registration application form violated the NVRA, forbid its use, and replace it with one that fully detailed the requirements that applicants with felony convictions must satisfy before registering to vote. The current form does not explicitly state the exact conditions applicants with felony convictions must satisfy to vote. For example, as stated in the complaint, the current application fails to state that:

1. For most felonies in Florida, returning citizens’ rights are automatically restored upon completion of all terms of their sentence, including probation, parole, or community control and payment of certain LFOs;
2. Returning citizens convicted of murder or felony sexual offenses in Florida can only have their rights restored through the clemency process; or
3. The voting rights of returning citizens convicted of felonies in states other than Florida are restored according to the law of the convicting state.

LWV Florida is represented by the ACLU Foundation of Florida, the Brennan Center for Justice, O’Melveny and Myers, the NAACP Legal Defense and Educational Fund, and the American Civil Liberties Union (ACLU).