The Marshall Statute is a law that re-enfranchises felons. Two sections of the law limit who is eligible, however, and are being challenged by Plaintiffs-Respondents (both former felons).

1. Marshall Stat. Ann. § 67-91(C) (“LFO Requirement”) specifically requires only felons who were convicted of “violent” felonies to not only complete all terms of their sentence, but also repay all legal financial obligations (e.g., restitution, fines, fees) prior to being allowed to vote. The record shows there is a link between indigency and felons with “violent” convictions. Does the LFO Requirement discriminate based on indigency in the availability of voting rights, and if so, is the LFO Requirement violative of the Fourteenth Amendment under the Equal Protection Clause?

2. Marshall Stat. Ann. § 67-91(E) (“Application Requirement”) requires all felons to pay $54 in application fees in order to vote. Does the Application Requirement—in addition to the LFO Requirement—constitute poll taxes, and therefore violate the Twenty-Fourth Amendment’s prohibition on poll taxes?