DeSantis Announces Voter-Fraud Arrests on Eve of Florida Primary
Florida Governor Ron DeSantis announced Thursday that his new elections police force has arrested 20 former felons on charges of illegally voting in the 2020 election.
Flanked by members of the new Office of Election Crimes and Security, DeSantis said the ex-felons — all convicted of murder or sex offenses — would now be charged with voter fraud, a third-degree felony punishable by up to five years in prison and a $5,000 fine.
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Let’s muddy the waters with some facts. Article 6 of Floriduh’s CONstitution codifies a nearly irreversible ban on registered citizens convicted of a “felony sexual offense” and persons convicted of “murder” to vote or HOLD OFFICE:
SECTION 4. Disqualifications.—
(a) No person convicted of a felony, or adjudicated in this or any other state to be mentally incompetent, shall be qualified to vote or hold office until restoration of civil rights or removal of disability. Except as provided in subsection (b) of this section, any disqualification from voting arising from a felony conviction shall terminate and voting rights shall be restored upon completion of all terms of sentence including parole or probation.
(b) No person convicted of murder or a felony sexual offense shall be qualified to vote until restoration of civil rights.
(c) No person may appear on the ballot for re-election to any of the following offices:
(1) Florida representative,
(2) Florida senator,
(3) Florida Lieutenant governor,
(4) any office of the Florida cabinet,
(5) U.S. Representative from Florida, or
(6) U.S. Senator from Florida
REF: https://www.flsenate.gov/laws/constitution
Floriduh statute clarifies and defines “felony sexual offense:”
98.0751 Restoration of voting rights; termination of ineligibility subsequent to a felony conviction.—
(1) A person who has been disqualified from voting based on a felony conviction for an offense other than murder or a felony sexual offense must have such disqualification terminated and his or her voting rights restored pursuant to s. 4, Art. VI of the State Constitution upon the completion of all terms of his or her sentence, including parole or probation. The voting disqualification does not terminate unless a person’s civil rights are restored pursuant to s. 8, Art. IV of the State Constitution if the disqualification arises from a felony conviction of murder or a felony sexual offense
(b) “Felony sexual offense” means any of the following:
1. Any felony offense that serves as a predicate to registration as a sexual offender in accordance with s. 943.0435;
2. Section 491.0112;
3. Section 784.049(3)(b);
4. Section 794.08;
5. Section 796.08;
6. Section 800.101;
7. Section 826.04;
8. Section 847.012;
9. Section 872.06(2);
10. Section 944.35(3)(b)2.;
11. Section 951.221(1); or
12. Any similar offense committed in another jurisdiction which would be an offense listed in this paragraph if it had been committed in violation of the laws of this state.
REF: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0098/Sections/0098.0751.html
The closest “voter fraud” statute I could find states:
104.041 Fraud in connection with casting vote.—Any person perpetrating or attempting to perpetrate or aid in the perpetration of any fraud in connection with any vote cast, to be cast, or attempted to be cast, is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
REF: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0104/0104.html#:~:text=104.011%20False%20swearing%3B%20submission%20of,compensation%3B%20alteration%20of%20registration%20application.
Time limits on prosecution are:
775.15 Time limitations; general time limitations; exceptions.—
(2) Except as otherwise provided in this section, prosecutions for other offenses are subject to the following periods of limitation:
(a) A prosecution for a felony of the first degree must be commenced within 4 years after it is committed.
(b) A prosecution for any other felony must be commenced within 3 years after it is committed.
(c) A prosecution for a misdemeanor of the first degree must be commenced within 2 years after it is committed.
(d) A prosecution for a misdemeanor of the second degree or a noncriminal violation must be commenced within 1 year after it is committed.
REF: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0775/0775.html
As suggested in our Weekly Update, here’s an email I wrote to the FRRC:
Dear FRRC, we are alarmed at the arrests made last week by the Election Integrity unit that were announced by Governor DeSantis.
The arrestees are being charged with voting fraud, yet it appears in virtually all cases that there was no fraudulent intent and that these individuals believed they were voting legally. Certainly no one prevented them from registering to vote, and in some cases officials assisted them with their registrations. And they would have been allowed to vote in virtually any other state.
When you look at the reasons these individuals were ineligible, it’s apparent that their ineligibility is due to unfinished business by the FRRC. Specifically, the arrestees had a previous sexual crime conviction in their backgrounds. These are people that we often label as “sex offenders,” though that can be a misnomer, as many of them no longer exhibit any proclivity to offend and have moved into productive, crime-free lives. Understandably, they remain part of an unpopular class of people, but that’s all the more reason that we need to work to safeguard their constitutional rights, particularly a right as fundamental as voting.
I realize that in promoting Amendment 4, “no sex offenders” was viewed as a measure to make the amendment more popular and to receive sufficient votes to pass. That was in 2018, and it’s our understanding that FRRC’s stated intention at the time was to “come back around” for those with the least popular records. Well, these arrests are your signal, FRRC. It’s time to come back around and finish the job.
Let me know if there’s anything I can do to assist FRRC in this effort.
Thank You,
[name]
[city]
Why do you refuse to add my comments? If your gonna play this game just remove me of of this shit an I’ll be done with this site. I will not ever support your fight.
Allan
There are different people at different times and days volunteering. Sometimes I have a comment I am shocked made it through and other times a comment that was excellent that never showed up.
This is really the only platform for registered folks in Florida where we can share and vent. I get mad sometimes as well but I take take a breather and come back when I clear my head. No site or group is perfect. I sent in something personal the other day and do not expect to ever get a reply but it felt good writing it and sending to FAC.
But this is really the only outlet I have and can sometimes share and or vent. I do not like talking about the registry constraints with my parents as it gets my Mother upset and my Father just changes the subject.
Think of this forum as a type of group therapy. Here you find that your personal experience is similar or the same as others. It’s an opportunity for sharing what most of us have all gone through and perhaps how we can cope with the registry and the lunacy that surrounds it. Stay positive, move forward. Through endurance we conquer.