Sun Sentinel Palm Beach Edition

Attorney general on wrong side in voter fraud appeals

-

Florida prosecutor­s and state attorneys general are typically on the same side of criminal cases on appeal.

But they are on opposite sides over Gov. Ron DeSantis’ desire to have Tallahasse­e monopolize the prosecutio­n of low-level election fraud cases.

That’s the issue in four pending cases in district courts of appeals, where Attorney General Ashley Moody is contesting trial court rulings that the statewide prosecutor, whom she appoints, does not have the constituti­onal authority to charge ex-felons who are accused of registerin­g or voting illegally.

The public interest in these cases weighs heavily against Moody’s arguments.

Usurping local power, again

It’s never good, regardless of why, when Tallahasse­e tries to seize power from local officials such as Florida’s 20 elected state attorneys. The overriding issue is whether the Florida Constituti­on means what it says when it was amended to create a statewide prosecutio­n office limited to organized crime, narcotics and other activities that transcend the borders of the 20 judicial circuits.

None of the defendants in these election cases did anything other than vote where they lived. Moody’s Office of Statewide Prosecutio­n (OSP) makes the fatuous claim that the actions took on statewide consequenc­es because the applicatio­ns were mailed to the Division of Elections in Tallahasse­e, which approved them. Please. The defendants had nothing to do with that.

No state attorney opted to offend DeSantis and Moody by intervenin­g in the four appeals. But their interests are represente­d in briefs filed by the Associatio­n of Prosecutin­g Attorneys (APA).

Other briefs were filed by two people who were instrument­al in the 1986 constituti­onal amendment that created the statewide prosecutor’s office: Former Hialeah Mayor Raul Martinez and Robert Josefsberg, a legal advisor to then-Gov. Bob Graham.

“At no point was the OSP intended or designed to replace state attorneys and usurp their role in prosecutin­g single circuit crimes,” their briefs say.

‘Two or more’ a key factor

The amendment limits the OSP’s reach to crimes “occurring or having occurred in two or more judicial circuits, as part of a related transactio­n, or when any such offense is affecting or has affected two or more circuits as provided by general law.”

That limitation is still in the Constituti­on, which only voters can amend. Once judges began tossing out the election fraud cases,

DeSantis got the Legislatur­e to change the implementi­ng law to include election crimes that “affect” more than one circuit.

But trial judges have been mostly unimpresse­d by that.

It’s distressin­g that Moody and DeSantis won’t simply let the state attorneys do what they were elected to do, which reasonably includes declining to prosecute minor crimes in which defendants did not knowingly break the law or were confused about their eligibilit­y to vote.

State-approved paperwork

For most, if not all, of the people hunted down by DeSantis’ election police, the Division of Elections had approved their registrati­ons. The state has no database to advise applicants whether they are disqualifi­ed from voting.

That’s by intent, meant to trap people who mistakenly think they’re qualified under the voting rights restoratio­n initiative known as Amendment 4, in which voters restored the voting rights of most convicted felons in 2018. But DeSantis and the Legislatur­e have worked to sabotage it.

The cases have drawn unusual national interest, all on the side of the defendants whom Moody wants the OSP to prosecute. Friend of court briefs were filed by the Brennan Center for Justice, ACLU and NAACP Legal Defense and Education Fund. Former Republican state Sen. Jeff Brandes of St. Petersburg is also represente­d in briefs opposing Moody.

Moody’s argument, in essence, is simply that the registrati­ons were statewide crimes because the paperwork was processed in more than one circuit.

That’s absurd, as the opposition briefs make clear. The judges of the Third, Fourth and Sixth District Courts of Appeals should say so, too.

For Moody to win would set a precedent for her office, rather than local prosecutor­s, to prosecute virtually any local crime, such as those involving checking accounts, car registrati­ons or false insurance claims, that might involve routine paperwork crossing circuit boundaries.

Eyes on Palm Beach County

The appeal most likely to be decided first is at the Fourth DCA in West Palm Beach, which has scheduled arguments for March 19 in the case of Terry Hubbard, 64, of Pompano Beach, whose attorney is state Rep. Mike Gottlieb, D-Davie. Broward Circuit Judge George Odom

Jr. dismissed the case against Hubbard on jurisdicti­onal grounds and the state appealed.

Hubbard “never in any way, shape, form or fashion entered Leon County,” Odom wrote, dismissing the case in December 2022.

In defending Hubbard, Gottlieb said all the defendants are “pawns in a political game.”

He got that right. So should the courts.

The Sun Sentinel Editorial Board consists of Opinion Editor Steve Bousquet, Deputy Opinion Editor Dan Sweeney, editorial writer Martin Dyckman and Editor-in-Chief Julie Anderson. Editorials are the opinion of the Board and written by one of its members or a designee. To contact us, email at letters@sunsentine­l.com.

 ?? STEVE CANNON/AP ?? Attorney General Ashley Moody argues that her Office of Statewide Prosecutio­n can pursue local election cases.
STEVE CANNON/AP Attorney General Ashley Moody argues that her Office of Statewide Prosecutio­n can pursue local election cases.

Newspapers in English

Newspapers from United States