DeSantis Announces Voter-Fraud Arrests on Eve of Florida Primary
Florida Governor Ron DeSantis announced Thursday that his new elections police force has arrested 20 former felons on charges of illegally voting in the 2020 election.
Flanked by members of the new Office of Election Crimes and Security, DeSantis said the ex-felons — all convicted of murder or sex offenses — would now be charged with voter fraud, a third-degree felony punishable by up to five years in prison and a $5,000 fine.
So…
Can I vote or not?
Never in this state. But you can pay taxes
Withheld adjudication, been voting for over 20 years, and been off any supervision since 2008. Can they still keep me from voting? I mean, I’m sure I’d have a case, but I don’t want to be the guy that finds out, which is what DeSantis wants, right? For otherwise qualified registrants to be too scared to vote under threat of jail?
Crickets on this time-sensitive question.
FAC is not a law firm, we are not lawyers and we are not licensed or qualified to give you an answer to your question. All we can do is refer you to a Statute, Ordinance, Case, Opinion or other authority where you can find your answer.
Here is an advisory opinion that might help: https://files.floridados.gov/media/703428/f-20-3-redacted-final-response-to-ao.pdf
The restriction applies to felony convictions. It has nothing to do with registration.
‘Adjudication Withheld…is not a conviction and would not make you ineligible to vote’ is one thing that stands out for me from this letter.
And I’ve never seen anything that suggests otherwise.
I was adjudication withheld. Therefore, I am not a convicted felon according to Florida and my civil rights have not been taken away. I have never stopped voting since before my arrest. I’m not sure about federal perceptions about me, though. It’s unclear like many federal opinions are. They don’t understand or respect Florida’s tricky policy of withholding adjudication. Would they give me a hard time about voting for federal candidates? My approval to purchase a gun stalled indefinitely, so I canceled the purchase. While it’s possible Florida didn’t want to permit the purchase, it’s also possible the federal government had a problem with it. Florida is supposed to allow it in my case. Don’t know what else to tell you. And, for the record, I am not an attorney or legal expert in any way.
RayO
Why not, it has a nice ring to it,”RayO, Attorney at Law”. LOL
And why not, there is a new show coming out called SheHulk, Attorney at law. If a She Hulk can be an Attorney, why can’t you? *)~
I’ve dealt with too many lawyers, both criminal and civil, to entertain the idea of becoming one. I think the law is too much about what politically and financially-motivated legislators and judges make it versus what it should be to protect and support the people.
Elections police force…….sounds like Germany in the early 1930s……
I moved out of Florida last year and everytime I see Desantis name I’m happy I did. I do not understand how letting someone vote who represents them is bad? I’ll be looking for need of this one YouTube and making similar comments. It’s my outreach.
Again The Government Blocking, Hurdling, Marginalizing and Ostracizing Returning Citizens of their Civil and Constitutional Rights! Ron De Santis is Joseph Stalin!
Just any scheme to get ex-felons back in jail, prison, re-registered, more charges, probation, house arrest and what ever they can throw at us.
I hope this flys back in his face.
Meanwhile in the Villages of Florida a woman who was found to have voted twice was sent to Civics class. Reported by the Villages-news.com
Yes one of three. She reached a plea agreement where she avoids jail as long as she stays out of trouble. Really doubt the registrants receive these terms. Hopefully one of them will stand up and fight it. Force the courts to rule if it’s legal to deny a registrant the right to vote.
Rick beat me to it- I was going to ask if this new elections police force wore brown shirts- good grief! 20 people in the whole state? is this really a problem our state should be spending time and money on?
I have been voting for 7 years after i was placed on registry. i was told it was Ok because i had adjudication withheld and some of my rights given back to me by the judge. I wonder if all of that was true. how do i find out?
To no Hope
Well if you are in Florida, I sure as Hell wouldn’t be publicly announcing that fact if you do not want the KGB coming after you. Consult with a lawyer. A consultation is often free or low cost. And if I was told I could vote again and got my rights back, I would want that “IN WRITING”.
Usually a court order and paperwork given. I still have my order releasing me early from probation. You know, just in case they change their mind down the road. And do not rely on a lawyer to still have a copy of your paperwork. I have personally tried to go back years later and get a copy of something that an attorney’s office said they could not locate or was lost when all their files were transferred to microfilm.
The voting restriction has nothing to do with the registry. It has to do with felony conviction.
Let me get this straight…doesn’t Florida mark your guys’ licenses? If that’s the case, then how were these people able to even register to vote? Don’t you guys have to show ID in order to even register?
This whole thing stinks because once you do your time you should automatically be given the RIGHT to vote back, yet this current administration wants to allow illegal non-citizens the right to vote?
You guys either need to be given the right to vote or be exempt from paying taxes.
They may have been registered already, prior to any arrest. Also you can register to vote and vote all by mail. I still get voting cards mailed to people who have been out of the home for over 10 years. It is like the registry, once your on your never off….or just about anyway.
Can’t vote. Can’t live most anywhere. Can’t hold a meaningful job (mostly because the employers aress afraid of the stigma).
Sound like a class action law suit in order for registrants to be declared disabled. They want to keep us from working, this will surely help.
https://www.miamiherald.com/news/politics-government/article264698334.html
‘How did I commit fraud?’ Ex-felon voters confused by arrests, DeSantis’ announcement
BY ROMY ELLENBOGEN AND BIANCA PADRÓ OCASIO HERALD/TIMES TALLAHASSEE BUREAU
UPDATED AUGUST 19, 2022 7:02 PM
It is too long to copy paste. But relevant.
It’s about time some registered citizens run for public office so we can make true change to draconian laws designed to punish. Let’s start in Brevard County. Change is needed!
So apparently Bloomberg paid their fines, so other than still being locked up, I don’t see where he’s going with this! Desantis is an idiot like every other politician!
Why do you refuse to add my comments? If your gonna play this game just remove me of of this shit an I’ll be done with this site. I will not ever support your fight.
Allan
There are different people at different times and days volunteering. Sometimes I have a comment I am shocked made it through and other times a comment that was excellent that never showed up.
This is really the only platform for registered folks in Florida where we can share and vent. I get mad sometimes as well but I take take a breather and come back when I clear my head. No site or group is perfect. I sent in something personal the other day and do not expect to ever get a reply but it felt good writing it and sending to FAC.
But this is really the only outlet I have and can sometimes share and or vent. I do not like talking about the registry constraints with my parents as it gets my Mother upset and my Father just changes the subject.
Think of this forum as a type of group therapy. Here you find that your personal experience is similar or the same as others. It’s an opportunity for sharing what most of us have all gone through and perhaps how we can cope with the registry and the lunacy that surrounds it. Stay positive, move forward. Through endurance we conquer.
As suggested in our Weekly Update, here’s an email I wrote to the FRRC:
Dear FRRC, we are alarmed at the arrests made last week by the Election Integrity unit that were announced by Governor DeSantis.
The arrestees are being charged with voting fraud, yet it appears in virtually all cases that there was no fraudulent intent and that these individuals believed they were voting legally. Certainly no one prevented them from registering to vote, and in some cases officials assisted them with their registrations. And they would have been allowed to vote in virtually any other state.
When you look at the reasons these individuals were ineligible, it’s apparent that their ineligibility is due to unfinished business by the FRRC. Specifically, the arrestees had a previous sexual crime conviction in their backgrounds. These are people that we often label as “sex offenders,” though that can be a misnomer, as many of them no longer exhibit any proclivity to offend and have moved into productive, crime-free lives. Understandably, they remain part of an unpopular class of people, but that’s all the more reason that we need to work to safeguard their constitutional rights, particularly a right as fundamental as voting.
I realize that in promoting Amendment 4, “no sex offenders” was viewed as a measure to make the amendment more popular and to receive sufficient votes to pass. That was in 2018, and it’s our understanding that FRRC’s stated intention at the time was to “come back around” for those with the least popular records. Well, these arrests are your signal, FRRC. It’s time to come back around and finish the job.
Let me know if there’s anything I can do to assist FRRC in this effort.
Thank You,
[name]
[city]
Let’s muddy the waters with some facts. Article 6 of Floriduh’s CONstitution codifies a nearly irreversible ban on registered citizens convicted of a “felony sexual offense” and persons convicted of “murder” to vote or HOLD OFFICE:
SECTION 4. Disqualifications.—
(a) No person convicted of a felony, or adjudicated in this or any other state to be mentally incompetent, shall be qualified to vote or hold office until restoration of civil rights or removal of disability. Except as provided in subsection (b) of this section, any disqualification from voting arising from a felony conviction shall terminate and voting rights shall be restored upon completion of all terms of sentence including parole or probation.
(b) No person convicted of murder or a felony sexual offense shall be qualified to vote until restoration of civil rights.
(c) No person may appear on the ballot for re-election to any of the following offices:
(1) Florida representative,
(2) Florida senator,
(3) Florida Lieutenant governor,
(4) any office of the Florida cabinet,
(5) U.S. Representative from Florida, or
(6) U.S. Senator from Florida
REF: https://www.flsenate.gov/laws/constitution
Floriduh statute clarifies and defines “felony sexual offense:”
98.0751 Restoration of voting rights; termination of ineligibility subsequent to a felony conviction.—
(1) A person who has been disqualified from voting based on a felony conviction for an offense other than murder or a felony sexual offense must have such disqualification terminated and his or her voting rights restored pursuant to s. 4, Art. VI of the State Constitution upon the completion of all terms of his or her sentence, including parole or probation. The voting disqualification does not terminate unless a person’s civil rights are restored pursuant to s. 8, Art. IV of the State Constitution if the disqualification arises from a felony conviction of murder or a felony sexual offense
(b) “Felony sexual offense” means any of the following:
1. Any felony offense that serves as a predicate to registration as a sexual offender in accordance with s. 943.0435;
2. Section 491.0112;
3. Section 784.049(3)(b);
4. Section 794.08;
5. Section 796.08;
6. Section 800.101;
7. Section 826.04;
8. Section 847.012;
9. Section 872.06(2);
10. Section 944.35(3)(b)2.;
11. Section 951.221(1); or
12. Any similar offense committed in another jurisdiction which would be an offense listed in this paragraph if it had been committed in violation of the laws of this state.
REF: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0098/Sections/0098.0751.html
The closest “voter fraud” statute I could find states:
104.041 Fraud in connection with casting vote.—Any person perpetrating or attempting to perpetrate or aid in the perpetration of any fraud in connection with any vote cast, to be cast, or attempted to be cast, is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
REF: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0104/0104.html#:~:text=104.011%20False%20swearing%3B%20submission%20of,compensation%3B%20alteration%20of%20registration%20application.
Time limits on prosecution are:
775.15 Time limitations; general time limitations; exceptions.—
(2) Except as otherwise provided in this section, prosecutions for other offenses are subject to the following periods of limitation:
(a) A prosecution for a felony of the first degree must be commenced within 4 years after it is committed.
(b) A prosecution for any other felony must be commenced within 3 years after it is committed.
(c) A prosecution for a misdemeanor of the first degree must be commenced within 2 years after it is committed.
(d) A prosecution for a misdemeanor of the second degree or a noncriminal violation must be commenced within 1 year after it is committed.
REF: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0775/0775.html