Leon Judge upholds Gov. DeSantis’ suspension of ex-felon Crescent City official

Christopher Bailey won’t return to his position as Crescent City Commissioner, after a Leon County Judge ruled last week to uphold Gov. Ron DeSantis’ suspension of Bailey.

DeSantis suspended Bailey in August 2023 because he had a prior felony conviction. He was charged with a violation of federal law in Missouri over concealing a material fact in 1995 because he lied to U.S. Customs officials about a drug deal from which he received proceeds.

Bailey was sentenced to five years of probation, which ended in 2000. In Missouri, his rights to vote and hold office were restored after he completed his sentence. Bailey argued that because Missouri had restored his rights, he was qualified to hold office in Florida, despite a clause in Florida’s Constitution banning felons from holding elected office if they haven’t had their rights restored by the Governor and Cabinet.

Judge Angela Dempsey rejected that reasoning and denied Bailey’s petition to be restored to his office. Florida must follow other states’ treatment of their own laws, but not of the violation of federal laws, she stated.

“The Full Faith and Credit Clause (of the U.S. Constitution) does not require Florida to treat a federal conviction the same way that another state treats that conviction,” Dempsey wrote. “Moreover, even if it did, (Bailey) would still not be entitled to his former office because he is not eligible to hold public office in Missouri.”

Dempsey further explained that Missouri’s constitution bars those convicted of federal crimes from holding office in that state.

The issue of Florida ex-felons’ rights regarding voting and their ability to hold public office took on new relevance in light of the conviction of former President Donald Trump’s conviction on 34 counts of falsifying business records to cover up payments to pornographic movie actress Stormy Daniels, with whom he had an affair.

DeSantis has said Trump doesn’t need to apply to have his rights restored, as Florida law doesn’t deprive a felon of voting rights over convictions in other states if that jurisdiction doesn’t revoke their rights. Under New York law his voting rights wouldn’t be taken away unless he was physically in jail at the time of the election.

DeSantis, though, went further, stating if Trump were to lose his voting rights he’d move to restore them along with the Cabinet, which convenes as the Florida Clemency Board.

“Given the absurd nature of the New York prosecution of Trump, this would be an easy case to qualify for restoration of rights per the Florida Clemency Board, which I chair,” DeSantis posted on X last week. “The bottom line is that Donald Trump’s vote this November will be one of millions that demonstrate Florida is now a solid Republican state!”

Trump’s eligibility to run for President in Florida also is not impacted by the New York convictions. State laws can’t impose restrictions on the qualifications for running for federal offices.

Meanwhile, in Crescent City, William Laurie can rest easy. Laurie won a seat on the City Commission in an October 2023 Special Election called to replace Bailey.