Miami judge rejects another DeSantis voter fraud case

TALLAHASSEE — A Miami choose has tossed out one other voter fraud case introduced by Gov. Ron DeSantis’ elections police, the third case to crumble because the governor introduced the arrests.

On Wednesday, Circuit Decide Laura Anne Stuzin reached the identical conclusion as another Miami judge did in a distinct voter’s case, saying that statewide prosecutors didn’t have the power to deliver fees in opposition to Ronald Lee Miller.

As a result of he was convicted of second-degree homicide in 1990, Miller, 58, was ineligible to vote. However after his voter registration utility was cleared by the Florida Division of State, Miami-Dade’s supervisor of elections issued him a voter ID card, and he voted in November 2020.

DeSantis held a high-profile news conference in August to tout the arrests of Miller and 19 others who had been all ineligible to vote due to previous homicide or felony intercourse offense convictions, however who had all issued voted after making use of for and receiving voter ID playing cards. DeSantis oversees the Division of State.

Statewide prosecutors charged Miller with felony counts of giving a false affirmation in reference to an election and unlawfully voting.

Miller’s lawyer, Robert Barrar, challenged the prosecution, utilizing the identical argument that was profitable in entrance of one other choose: Statewide prosecutors didn’t have the power to deliver the fees.

Underneath state legislation, statewide prosecutors are restricted to prosecuting crimes in a number of jurisdictions, reminiscent of a drug trafficker who sells medication in a number of counties.

Statewide prosecutors mentioned Miller’s alleged crimes occurred in a number of jurisdictions as a result of he registered to vote by a third-party voter registration group, which despatched the appliance to Broward County’s election supervisor, which was then despatched to Tallahassee.

Stuzin flatly rejected that argument in a brief three-page order, writing that state legislation governing the statewide prosecutor “is obvious on its face and unambiguous.”

Miller “by no means bodily entered” Broward or Leon counties and “by no means mailed or electronically transferred something” to both of these counties, she dominated.

The Workplace of Statewide Prosecution “doesn’t have jurisdiction to research and prosecute the Defendant as a part of a associated transaction in two or extra judicial circuits,” she wrote.

Barrar added, “Let this be a lesson to all to not use the authorized system for political acquire and waste taxpayer’s hard-earned cash.”

Statewide Prosecutor Nick Cox mentioned in a press release that the state would attraction the choice.

The choice marks one other loss for DeSantis’ new Workplace of Election Crimes and Safety, which he pushed the Legislature to create this yr.

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In November, prosecutors dropped identical charges in opposition to Tony Patterson, 44, after he was sentenced to a yr and a day in jail in an unrelated case.

Final week, 56-year-old Romona Oliver took a plea deal that allowed her to avoid any punishment.