Florida Supreme Court will consider if statewide prosecutor can punish voter fraud cases

The cases behind Ron DeSantis' voter fraud arrests is starting to fall apart.

The Florida Supreme Court will soon consider whether a statewide prosecutor can pursue charges against an individual arrested by Gov. Ron DeSantis’ election police force.

Following a split opinion at the appellate court level, the Florida Supreme Court agreed to take up an appeal. A court order deemed the question of whether a statewide prosecutor can prosecute voter fraud cases if a ballot is cast in a statewide election is a matter of “great public importance.”

In 2022, an election police force arrested 20 individuals under investigation by a new Office of Election Crimes. The arrests drew criticism as many individuals claimed to believe their right to vote had been restored after voters approved a constitutional amendment automatically allowing ex-felons to register after the completion of their sentences and once any financial obligations with the state were met.

Pompano Beach man Terry Hubbard was among those facing charges.

Notably, court documents show Hubbard registered in 2019, after the 2018 constitutional amendment restoring felons’ voting rights won approval, but he checked a box on a form affirming was not a convicted felon. In 2020, he registered again, this time checking that he had been convicted of a felony but had his voting rights restored by the constitutional amendment.

A Broward County Judge in 2022 dismissed charges, stating that DeSantis’ Leon County-based police force lacked jurisdiction.

But the Legislature later approved legislation authorizing a statewide prosecutor to bring charges to avoid that issue.

Attorney General Ashley Moody’s Office pursued charges, saying Hubbard indeed broke the law when he voted in the 2020 Presidential Election.

In July, the 4th District Court of Appeal in a 2-1 decision ruled the statewide prosecutor could bring charges against Hubbard, reversing the lower court decision.

“Submitting a fraudulent voter registration in Broward County is an act which requires subsequent involvement of the Secretary of State in Leon County. So too does voting in an election in Broward County,” the majority opinion reads. “As a result, the OSP had the authority to charge Hubbard with these crimes.”

Judges have not yet weighed in on Hubbard’s innocence or guilt.

Notably, Appellate Judge Melanie May dissented from the majority opinion, and said since Hubbard only voted in one jurisdiction, the statewide prosecutor should have no role in the case.

“The (Office of the Statewide Prosecutor) is not some Marvel superhero that can magically extend its long arm of the law into a single judicial circuit and steamroll over the local state attorney,” May wrote. “In short, this is a stretch the majority is willing to condone, but I am not.”