The Orlando Sentinel published a report yesterday that raised eyebrows for a reason.
A Republican state attorney last May declined to prosecute six voter fraud cases that involved circumstances strikingly similar to the cases later brought against 20 ex-felons by Gov. Ron DeSantis’ election police unit and statewide prosecutors. The office of State Attorney Bill Gladson, whose district includes The Villages and five Republican counties, confirmed six convicted sex offenders in Lake County had voted in the 2020 general election, according to a determination letter obtained by the Orlando Sentinel.
And why is it, pray tell, that the local Republican prosecutor’s office passed on these fraud cases? According to the Sentinel’s report, Gladson and his staff concluded that the fraud wasn’t deliberate — and therefore couldn’t be prosecuted.
At first blush, this wouldn’t be especially notable. Six former felons were caught casting ballots they weren’t supposed to cast, but these Floridians were under the mistaken impression that they could legally vote. Indeed, they were even given voter-ID cards by state agencies.
They didn’t willfully break the law, so their Republican state attorney didn’t feel the need to file charges.
But given the larger context, that’s not the end of the story.
Revisiting our earlier coverage, it was roughly 10 months ago when Gov. Ron DeSantis held a news conference, making what he characterized as an important announcement: The Florida Office of Election Crimes and Security — an office he created to pursue a problem that didn’t appear to exist in any meaningful way — had found 20 people who voted illegally in 2020.
The Republican governor, surrounded by uniformed officers, assured the public that the suspects were in custody and would be prosecuted.
As we’ve discussed, DeSantis seemed quite pleased with himself. He had created an election crimes office and it uncovered election crimes, just like he said it would. His press conference was a victory lap for the ambitious governor’s “election integrity” campaign.
It wasn’t long, however, before the cases went to court and started falling apart. Most of the initial 20 arrests — each targeting former convicts who weren’t eligible to vote — have either seen the charges dismissed or plea deals that resulted in no jail time. Among the most obvious problems with these dubious charges is that the Floridians who’d been arrested had been notified by government entities they were eligible to cast ballots.
Indeed, The Tampa Bay Times highlighted the suspects who seemed utterly baffled as to why they were being taken away in handcuffs, insisting they had cast perfectly legal votes — not only because voters approved a state constitutional amendment in 2018, restoring voting rights to many felons, but also because they’d been told explicitly that they could participate in elections.
Those targeted by DeSantis’ election police haven’t ended up behind bars, but many of them have nevertheless seen their lives uprooted as a result of their unnecessary arrests.
We’re left with an unavoidable question: Why did DeSantis’ operation take 20 Floridians away in handcuffs for unknowingly casting improper ballots, while a Republican state attorney in a Republican area passed on prosecuting effectively identical cases?
A local lawyer representing one of the suspects arrested by DeSantis’ election police told the Sentinel, “Laws of the state of Florida, as well as the United States, are designed to protect everybody equally. How can some people be prosecuted and others not?”
This need not be a rhetorical question.
This post revises our related earlier coverage.
