Judge dismisses another accused of illegal voting

A Pompano Beach man is now the third person accused of voting illegally in the November 2020 election to have his case thrown out of court.

Terry Hubbard, 63, was among the 20 convicted felons who were arrested by state officers of Gov. Ron DeSantis’ Office of Election Crimes and Security, a newly formed office touted by DeSantis as a way to ensure Florida is safe from illegal votes.

Hubbard’s case, like the two others so far, was dismissed on the grounds that the Office of Statewide Prosecution does not have jurisdiction to prosecute. The statewide office can only prosecute crimes that occurred in two or more counties.

About two weeks ago, Miami-Dade Circuit Court Judge Laura Anne Stuzin signed an order dismissing the case against Ronald Lee Miller, 57, of Miami. Her order came not long after Miami-Dade Circuit Court Judge Milton Hirsch dismissed the case against Robert Lee Wood, 56, of Opa-locka.

Hubbard, who was convicted in 1989 of sexual battery of a victim younger than 12 and lewd or lascivious acts against a child under 16, was arrested on one count of false swearing and voting by an unqualified elector, court records show.

He allegedly completed two voter applications, one in July 2019 and a second one in February 2020, a probable cause affidavit said, and received a voter ID number, then voted by mail in the 2020 election.

Hubbard indicated on his application that he was a felon who had his rights restored. The Office of Statewide Prosecution said in the probable cause affidavit that that was not true.

Rep. Michael Gottlieb, the attorney who represented Hubbard, wrote in an October court filing that Hubbard “believed he was allowed to vote after Amendment 4 passed the Florida House” and that the government approved his application.

“As such, how can the government issue a voter’s registration card which constitutes notice of approval and then condemn the act which the government approved,” Gottlieb wrote in the motion to dismiss.

Statewide prosecutors argued that they have jurisdiction to prosecute because Hubbard’s registration and ballot were sent to Tallahassee in Leon County and involved two jurisdictions, causing a “domino affect.”

“This legal argument is incorrect,” Odom wrote in his order, signed Friday afternoon.

“The Defendant never in any way, shape form or fashion entered Leon County,”

Odom wrote. “He never mailed anything to Leon County nor did he attempt to contact anyone in or from Leon County.”

Gottlieb said attorneys across the state who are representing Floridians arrested on similar charges in similar cases are keeping their eyes on the dismissals.

“I think it’s an unfortunate circumstance that these individuals are being singled out to be prosecuted as really ... pawns in a political game, and I’m glad that the court system is, to a certain degree, righting the wrong of these prosecutions,” Gottlieb said.

Statewide Prosecutor Nick Cox previously told the South Florida Sun Sentinel that the Office of Statewide Prosecution will appeal the decisions made in the MiamiDade County cases.

An email to the Office of the Attorney General seeking comment about Hubbard’s case was not returned Friday night.