Republicans Push For Felons To Pay Fines Before Restoring Right To Vote

By Isiah Holmes, Wisconsin Examiner

February 10, 2023

Rep. Shae Sortwell (R-Two Rivers) and Sen. Duey Stroebel (R-Saukville) are hoping colleagues will sign onto legislation to put a pay wall between formerly incarcerated people and the ballot box. A co-sponsorship memo circulated Tuesday explains that under the proposed legislation people with felony convictions would need to pay all fines, costs, fees, surcharges and restitution before their right to vote can be restored.

“LRB-0307/LRB-0310 is a common sense bill to ensure justice is entirely served and full accountability is given to those that still owe a debt to society, notably to their victims,” the states. “The bill requires all financial obligations imposed as part of a criminal sentence to be paid before a felon’s right to vote is fully restored.”

The memo references similar Florida legislation from 2019. The Florida law was upheld in 2021 by the 11th U.S. Circuit Court of Appeals. The U.S. Supreme Court declined to intervene in the case, according to the memo. The Florida case came in the wake of the state restoring the right to vote for people with felony convictions in 2018. “They imposed only one condition,” court documents explained. “Before regaining the right to vote, felons must complete all the terms of their criminal sentences, including imprisonment, probation, and payment of any fines, fees, costs, and restitution. We must decide whether the financial terms of that condition violate the Constitution.”

Just months ago, Florida made national headlines after its new Office of Elections Crimes and Security arrested 20 formerly incarcerated people for alleged voter fraud. The people arrested were under the impression that their right to vote had been restored.

“The rule of law and second chances are not mutually exclusive,” states the memo from Sortwell and Stroebel. “When citizens break the law, they forfeit some of their rights, including the right to vote. That right should be restored, but only when all debts to society are paid. Otherwise, victims’ rights are undermined.”

Sen. Chris Larson blasted the Republican proposal on Twitter the day the memo was circulated. “Wisconsin Republicans introduced what can only be described as a poll tax bill today, in 2023,” Larson tweeted. “It’s not ‘tough on crime’ to deny people convicted of felonies the right to vote when they’re too poor to pay their fines. It’s likely unconstitutional, and most definitely racist.”

A 2021 Sentencing Project report found that Wisconsin incarcerates one out of every 36 Black residents. This figure was the highest in the nation at the time of the report. In April, a GOP-backed referendum to amend the state constitution to enforce stricter bail requirements will be on the ballot in Wisconsin.

The Wisconsin Examiner, a nonpartisan, nonprofit news site, offers a fresh perspective on state politics and policy through investigative reporting and daily coverage dedicated to the public interest. The Examiner is part of States Newsroom, a national 501(c)(3) nonprofit supported by grants and a coalition of donors and readers.