Connect with us

Politics

Court decision undercuts Gov. DeSantis election-fraud prosecutions, sends issue to state Supreme Court

Published

on


A state appeals court has overturned the conviction of Nathan Hart, one of the first Floridians arrested by Gov. Ron DeSantis’ election police unit in 2022, ruling that state prosecutors never had proper authority for the case.

The Second District Court of Appeal found that the Office of Statewide Prosecution (OSP) lacked jurisdiction to charge Hart because his alleged crimes occurred only in Hillsborough County, not across multiple judicial circuits as the law required at the time. Judges reversed his conviction for falsely affirming that he was eligible to vote during the 2020 presidential election and ordered the case dismissed.

Hart, of Gibsonton, was among 19 people arrested in 2022 during a sweep that DeSantis touted as a crackdown on voter fraud. The arrests followed creation of the Office of Election Crimes and Security, which was established following claims by President Donald Trump and other Republicans that widespread voter fraud marred the 2020 election.

Hart was among defendants who registered to vote after Florida voters approved a 2018 constitutional amendment automatically restoring voting rights for many felons who had completed their sentences. The amendment, however, excluded people convicted of murder or sexual offenses.

Hart had been convicted in 2006 of lewd and lascivious molestation, meaning his rights were not automatically restored. He registered to vote outside a Department of Highway Safety and Motor Vehicles office and later cast a ballot in the 2020 election. A jury last year acquitted him of knowingly voting illegally but found him guilty of lying on his voter registration form.

In its Nov. 7 ruling, the appellate panel said the statewide prosecutor overstepped its constitutional limits because Hart’s actions occurred entirely within Hillsborough County, according to court records. That meant the case should have been handled by the local state attorney, not by the statewide prosecutor.

“Manifestly, the crimes alleged against Hart occurred in but one circuit,” Judge Chris Northcutt wrote in the decision. “As such, they were insufficient to confer jurisdiction on the OSP.”

The decision conflicts with earlier appellate rulings in State v. Hubbard and State v. Miller, two South Florida cases in which other district courts upheld similar prosecutions. The Second District’s opinion instead aligned with a recent Washington ruling from the Sixth District, which held that statewide prosecutors could not pursue single-circuit offenses. Because of the split, the court certified the issue to the Florida Supreme Court.

That question is already before the justices. In Terry Hubbard v. State of Florida, now pending before the high court, defense attorneys argue that constitutional language only grants the OSP jurisdiction over crimes “occurring in two or more judicial circuits.”

State lawmakers have since expanded the office’s powers to allow statewide prosecution of election crimes, even if alleged offenses occur in a single circuit, but those changes did not apply to Hart’s case because the State never invoked the new statute against him. Attorneys in the Hubbard case argue that any legislative attempt to broaden that authority would exceed the limits voters approved when they created the office, according to court records from both cases.

Nearly three years after the 2022 arrests, the results remain mixed. Of the 19 people arrested, one had his case dismissed outright, nine accepted plea deals, and one defendant has since died, as of August. Eight others are awaiting decisions from the Florida Supreme Court while it considers two cases, Hubbard and Robert Lee Wood v. State of Florida.

Hart remains the only defendant from the original roundup found guilty by a jury, though that conviction has now been vacated.

___________

Florida Politics Reporter Jacob Ogles contributed reporting to this article.



Source link

Continue Reading

Politics

Paul Renner doubles down on Cory Mills critique, urges more Republicans to join him

Published

on


Mills was a day-one Byron Donalds backer in the gubernatorial race.

A former House Speaker and current candidate for Governor is leading the charge for Republicans as scandal swirls around a Congressman.

Saying the “evidence is mounting” against Rep. Cory MillsPaul Renner says other candidates for Governor should “stand up and be counted” and join him in the call for Mills to leave Congress.

Renner made the call earlier this week.

But on Friday, the Palm Coast Republican doubled down.

He spotlighted fresh reporting from Roger Sollenberger alleging that Mills’ company “appears to have illegally exported weapons while he serves in Congress, including to Ukraine,” that Mills failed to disclose conflicts of interest, “tried to fistfight other Republican members of Congress, and lied about his party stature to bully other GOP candidates out of primaries that an alleged romantic interest was running in,” and lied about his conversion to Islam.

The House Ethics Committee is already probing Mills, a New Smyrna Beach Republican, over allegations of profiting from federal defense contracts while in Congress. More recently, the Committee expanded its work to review allegations that he assaulted one ex-girlfriend and threatened to share intimate photos of another.

Other candidates have been more reticent in addressing the issue, including Rep. Byron Donalds.

“When any other members have been involved and stuff like this, my advice is the same,” said Donalds, a Naples Republican. “They need to actually spend a lot more time in the district and take stock of what’s going on at home, and make that decision with their voters.”

The response came less than a year after Mills, a New Smyrna Beach Republican, spoke at the launch of Donalds’ gubernatorial campaign.

___

Staff writer Jacob Ogles contributed reporting.



Source link

Continue Reading

Politics

Eileen Higgins brings out starpower as special election campaign nears close

Published

on


Prominent Democrats will be on hand at a number of stops.

Former Miami-Dade Commissioner Eileen Higgins is enlisting more big names as support at early vote stops ahead of Tuesday’s special election for Mayor, including a Senate candidate, a former Senate candidate, and a current candidate for Governor.

During her canvass kickoff at 10 a.m at Elizabeth Virrick Park, Higgins will appear with U.S. Senate Candidate Hector Mujica.

Early vote stops follow, with Higgins solo at the 11 a.m. show-up at Miami City Hall and the 11:30 at the Shenandoah Library.

From there, big names from Orlando will be with the candidate.

Orange County Mayor and candidate for Florida Governor Jerry Demings and former Congresswoman Val Demings will appear with Higgins at the Liberty Square Family & Friends Picnic (2 p.m.), Charles Hadley Park (3 p.m.), and the Carrie P. Meek Senior and Cultural Center (3:30 p.m.)

Higgins, who served on the County Commission from 2018 to 2025, is competing in a runoff for the city’s mayoralty against former City Manager Emilio González. The pair topped 11 other candidates in Miami’s Nov. 4 General Election, with Higgins, a Democrat, taking 36% of the vote and González, a Republican, capturing 19.5%.

To win outright, a candidate had to receive more than half the vote. Miami’s elections are technically nonpartisan, though party politics frequently still play into races.



Source link

Continue Reading

Politics

Hope Florida fallout drives another Rick Scott rebuke of Ron DeSantis

Published

on


The cold war between Florida’s Governor and his predecessor is nearly seven years old and tensions show no signs of thawing.

On Friday, Sen. Rick Scott weighed in on Florida Politics’ reporting on the Agency for Health Care Administration’s apparent repayment of $10 million of Medicaid money from a settlement last year, which allegedly had been diverted to the Hope Florida Foundation, summarily filtered through non-profits through political committees, and spent on political purposes.

“I appreciate the efforts by the Florida legislature to hold Hope Florida accountable. Millions in tax dollars for poor kids have no business funding political ads. If any money was misspent, then it should be paid back by the entities responsible, not the taxpayers,” Scott posted to X.

While AHCA Deputy Chief of Staff Mallory McManus says that is an “incorrect” interpretation, she did not respond to a follow-up question asking for further detail this week.

The $10 million under scrutiny was part of a $67 million settlement from state Medicaid contractor Centene, which DeSantis said was “a cherry on top” in the settlement, arguing it wasn’t truly from Medicaid money.

But in terms of the Scott-DeSantis contretemps, it’s the latest example of tensions that seemed to start even before DeSantis was sworn in when Scott left the inauguration of his successor, and which continue in the race to succeed DeSantis, with Scott enthusiastic about current front runner Byron Donalds.

Earlier this year, Scott criticized DeSantis’ call to repeal so-called vaccine mandates for school kids, saying parents could already opt out according to state law.

While running for re-election to the Senate in 2024, Scott critiqued the Heartbeat Protection Act, a law signed by DeSantis that banned abortion after the sixth week of pregnancy with some exceptions, saying the 15 week ban was “where the state’s at.”

In 2023 after Scott endorsed Donald Trump for President while DeSantis was still a candidate, DeSantis said it was an attempt to “short circuit” the voters.

That same year amid DeSantis’ conflict over parental rights legislation with The Walt Disney Co.Scott said it was important for Governors to “work with” major companies in their states.

The critiques went both ways.

When running for office, DeSantis distanced himself from Scott amid controversy about the Senator’s blind trust for his assets as Governor.

“I basically made decisions to serve in uniform, as a prosecutor, and in Congress to my financial detriment,” DeSantis said in October 2018. “I’m not entering (office) with a big trust fund or anything like that, so I’m not going to be entering office with those issues.”

In 2020, when the state’s creaky unemployment website couldn’t handle the surge of applicants for reemployment assistance as the pandemic shut down businesses, DeSantis likened it to a “jalopy in the Daytona 500” and Scott urged him to “quit blaming others” for the website his administration inherited.

The chill between the former and current Governors didn’t abate in time for 2022’s hurricane season, when Scott said DeSantis didn’t talk to him after the fearsome Hurricane Ian ravaged the state.



Source link

Continue Reading

Trending

Copyright © Miami Select.