Two South Florida appeals courts have overturned dismissals of voter fraud charges against Ronald Miller and Terry Hubbard, ruling in favor of the statewide prosecutor’s authority to pursue the cases. The decisions by the 3rd District Court of Appeal and the 4th District Court of Appeal on Wednesday sent the cases back to the circuit court, marking a significant development in legal battles that began in 2022.
Circuit judges in Miami-Dade and Broward counties had previously dismissed the charges, arguing that the alleged crimes occurred within single judicial circuits and thus fell outside the statewide prosecutor’s jurisdiction, which typically handles cases involving multiple circuits.
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The 3rd District panel rejected claims that the statewide prosecutor lacked authority in Miller’s case. Judge Alexander Bokor, joined by Judge Monica Gordo, emphasized that Miller’s voter registration process involved transactions spanning multiple jurisdictions, which were crucial for his registration and subsequent voting.
Meanwhile, the 4th District panel cited a 2023 state law amendment allowing the statewide prosecutor to handle such cases retroactively, supporting Hubbard’s prosecution based on actions spanning Broward and Leon counties.
The court decisions were split 2-1 in both cases. In the dissenting opinion for Hubbard’s case, Judge Melanie May criticized extending the statewide prosecutor’s authority into single judicial circuit crimes, arguing it exceeds constitutional and statutory limits.
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In response to the rulings, Governor Ron DeSantis and state officials initially announced voter fraud charges against Miller, Hubbard, and 18 other convicted felons in August 2022, just ahead of a crucial general election where DeSantis sought re-election.
These legal proceedings come amidst ongoing efforts by DeSantis and Republican leaders to combat voter fraud, a contentious issue highlighted by recent amendments to restore voting rights for many convicted felons in Florida, except those convicted of murder or sex offenses.
As the cases proceed, they underscore broader debates about the scope of prosecutorial authority and the implications for electoral integrity in the state of Florida.
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