Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

Florida man becomes first to escape charges resulting from DeSantis’ election fraud raid

A Miami judge tossed out the case after determining the state prosecutor did not have jurisdiction

Graig Graziosi
Friday 21 October 2022 16:36 BST
Comments
Related video: Police footage from DeSantis voter fraud arrests reveals confusion and anger
Leer en Español

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

A court dropped on Florida man’s election fraud charges, making him the first to escape the grasp of Governor Ron DeSantis’s recent ballot integrity raid.

In August, Mr DeSantis announced election fraud charges against 20 Floridians.

A Miami judge dismissed the charges, setting a precedent that may pave the way for others targeted by Mr DeSantis to beat their charges. The remaining 19 election fraud cases were part of Mr DeSantis’ "opening salvo" of enforcement by the state’s new Office of Election Crimes and Security, according to ABC News.

Many of the voters rounded up by the Republican governor’s election police were unaware that they were ineligible to vote, with some saying they had been cleared by Florida election officials. Under Florida law, individuals who exit prison have their voting rights restored, but only after they have fully left the carceral system — including probation and parole. However, that law only came into effect in 2018, and some residents are still unsure or are misinformed about their current eligibility.

The governor noted during a press conference announcing the charges that local law governments refused to work with him on his plan, so he executed the charges through the state’s attorney general.

“Well, now we have the ability with the attorney general and statewide prosecutor to bring those on behalf of the State of Florida,” he said.

Mr DeSantis’ election raid made headlines when troubling police body camera footage emerged showing Florida law enforcement officers blindsiding residents with voter fraud charges.

In the footage, the officers attempt to explain to the bewildered Floridians why they are being stopped. One man appears devastated when he learns he’ll have to pay $1,000 in fines because he chose to vote.

One of those individuals, Robert Lee Wood, was facing up to five years in prison and a $5,000 fine for allegedly voting in the 2020 election. He faced one count of making a false affirmation on a voter application, and one count of voting as an unqualified elector.

A Miami judge ruled that Mr DeSantis’ state-wide prosecutor did not have jurisdiction over Mr Wood’s case, and dismissed the charges. In order for a statewide prosecutor to have jurisdiction, Mr Wood’s alleged offenses would have to have occurred in two judicial circuits, the judge said. The alleged crimes all took place in Miami Dade.

Larry Davis, Mr Wood’s defense attorney, told ABC News that the judge’s decision to dismiss based on jurisdiction has been sent to all of the defense attorneys representing the remaining 19 defendants targeted by Mr DeSantis.

Join our commenting forum

Join thought-provoking conversations, follow other Independent readers and see their replies

Comments

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in