Sun Sentinel Broward Edition

Federal judge recuses himself from felon voting rights case

- By Anthony Man

The federal judge overseeing a legal challenge to the new Florida law restrictin­g how felons regain their voting rights recused himself from the case — and said Broward Supervisor of Elections Peter Antonacci’s conduct in the matter is “deeply troubling.”

Antonacci, through his spokesman, said he didn’t do anything improper.

The case is a multi-plaintiff challenge to the new Florida election law that implements Amendment 4, which voters added to the Florida Constituti­on last fall. The amendment is designed to restore voting rights to most ex-felons, but the Legislatur­e and governor implemente­d requiremen­ts this year that former felons also must pay a range of financial penalties before they can register to vote.

The American Civil Liberties Union, ACLU of Florida, NAACP Legal Defense and Educationa­l Fund, and Brennan Center for Justice at NYU Law filed a federal lawsuit on half of 10 felons, the NAACP and the League of Women Voters of Florida.

The plaintiffs filed the case in Gainesvill­e, a choice that assured that the case would go to U.S. District Mark Walker, a Tallahasse­e-based judge who has consistent­ly ruled against restrictiv­e state election laws and frequently ruled in favor of challenges to Florida election laws. In a different case, he’d ruled that Florida’s previous, cumbersome voting rights restoratio­n process for felons was unconstitu­tional.

But Walker won’t be hearing the current case, as he explained Wednesday in a brief order.

He cited Antonacci, one of the state’s 67 election supervisor­s. “Defendant Peter Antonacci has hired George Meros of Holland & Knight LLP as counsel,” Walker wrote. “The undersigne­d’s wife is a partner at that firm. The undersigne­d hereby disqualifi­es himself.” Walker is “the undersigne­d.”

The judge suggested the hiring was done intentiona­lly to causes his removal, and he wrote that the “conduct at issue is deeply troubling.”

Meros filed a notice with the court on Tuesday that he was serving as an attorney for Antonacci and for Florida Secretary of State Laurel Lee, who is responsibl­e for overseeing elections at the state level. Court records show both Lee and Antonacci already had attorneys.

Sarah Revell, spokeswoma­n for Lee, didn’t have any comment Wednesday afternoon.

Steve Vancore, spokesman for Antonacci, said Meros was hired last week, but it wasn’t a ploy to get Walker to recuse himself.

“George Meros has been retained by this office because Mr. Antonacci has known and worked with him since 1997. As his former law partner and he knows his expertise in this area of law very well. With this profession­al competence and for that reason he has been retained,” Vancore said by email.

Antonacci was appointed supervisor of elections last year by former Gov. Rick Scott, to replace Brenda Snipes. After the controvers­y-plagued 2018 election, Snipes announced her resignatio­n. Scott suspended her before her resignatio­n could take effect and installed Antonacci. (After Gov. Ron DeSantis took office this year, he and Snipes reached a settlement under which he rescinded the suspension and allowed her to resign. Antonacci remained as supervisor.)

Antonacci was closely associated with the former governor. Antonacci served as the stop lawyer in Scott’s office, and the former governor appointed him to serve as Palm Beach County’s state attorney, South Florida Water Management District executive director and CEO of the Enterprise Florida economic developmen­t agency.

He also used to work for a Democrat, former Broward sheriff and former Florida Attorney General Bob Butterwort­h, who held the Bible used at Antonacci’s swearing-in as county elections supervisor.

The constituti­onal amendment ordered restoratio­n of rights “upon completion of all terms of sentence including parole or probation.” But the state law that went into effect July 1 — the law that’s being challenged in federal court — defines “all terms of sentence” in a way that includes payment of all fines,

fees and victim restitutio­n.

Democrats and civilright­s activists argue that the Republican-passed rules are an attempt to disenfranc­hise voters and amount to a poll tax.

Poll taxes, used to restrict voting, were a fixture of the South during the Jim Crow era when states enforced racial segregatio­n. Poll taxes were banned by the 24th Amendment to the U.S. Constituti­on, ratified in the 1960s.

Republican­s have said they’re honoring what voters approved in November. And they point to arguments made by champions of the voting amendment before the election, when they were seeking Florida Supreme Court approval for the amendment language, acknowledg­ing it would include payment of financial obligation­s. The lawsuit challengin­g the law said it “unconstitu­tionally denies the right to vote to returning citizens with a past felony conviction based solely on their inability to pay outstandin­g fines, fees, or restitutio­n.”

 ?? MIKE STOCKER/SUN SENTINEL ?? Broward Supervisor of Elections Peter Antonacci was appointed to the job in November 2018 by then-Gov. Rick Scott.
MIKE STOCKER/SUN SENTINEL Broward Supervisor of Elections Peter Antonacci was appointed to the job in November 2018 by then-Gov. Rick Scott.

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