The 11th Circuit Court of Appeals has upheld an 1868 Florida law that refuses to allow those with felony convictions to vote, even after they have served their sentences.

Tuesday's 10-2 ruling widens an existing split of opinion on the issue among the federal appellate courts across the country and could set the stage for the U.S. Supreme Court to resolve the issue. The decision affirmed a 2002 summary judgment by Senior U.S. District Judge James Lawrence King in Miami.

During the 2000 Bush - Gore election campaign, six former offenders had sued the Clemency board seeking the restoration of their right to vote. They based their claim on Equal Protection Clause of the 14th Amendment and the federal Voting Rights Act.

A disproportionate percentage of felons in Florida are African-Americans, and blacks vote heavily Democratic. In a state where 7.6 million Floridians cast ballots in last year's presidential election, the possible inclusion of 600,000 felon voters could swing close races. But the appeals court, in an opinion noting that about 70 percent of the plaintiff class is white, tossed the case out of court in a 79-page ruling.