Attorney General Ashley Moody’s office is asking the Florida Supreme Court to turn down an appeal related to a high-profile crackdown on felon voter fraud that dates back to 2022. The case involves Terry Hubbard, one of 20 convicted felons charged with illegally registering and voting after their voting rights were not restored.
In a brief filed Wednesday, Moody’s team argued the Supreme Court should not consider Hubbard’s appeal. Hubbard took his case to the state’s highest court in October, after the 4th District Court of Appeal ruled that prosecutors could proceed with the charges against him.
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The core issue centers on whether the state’s Office of the Statewide Prosecutor had the legal authority to file charges against Hubbard. Initially, a Broward County circuit judge dismissed the case, finding that the alleged offense took place solely in one judicial circuit. Under state law, the statewide prosecutor’s involvement typically requires that a crime span multiple circuits.
However, a three-judge panel of the 4th District Court of Appeal reversed the circuit judge’s decision in July, concluding that multiple circuits were involved. Subsequently, the full appeals court declined to rehear the case, prompting Hubbard to petition the Supreme Court.
In Wednesday’s brief, lawyers for Moody’s office contended that Hubbard’s alleged wrongdoing crossed circuit boundaries. They noted that Hubbard filled out voter-registration forms in Broward County (17th Judicial Circuit), which were then transmitted to the Florida Department of State in Leon County (2nd Judicial Circuit) for review. This two-circuit involvement, the state argued, granted the statewide prosecutor legitimate authority to pursue the case.
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“His conduct formed part of a broader transaction that crossed circuit lines,” the state’s brief stated. It explained that the voter-registration data had to be reviewed in Leon County before Hubbard could successfully cast a ballot in Broward County. “No more is required,” the brief added.
In a November 4 filing, Hubbard’s attorneys pushed back, urging the Supreme Court to step in due to the broader implications of the case. They argued that voting rights and voter fraud allegations have become a significant public concern. Clarification, they said, is needed on the extent to which the Office of the Statewide Prosecutor may override local state attorneys.
“Voting issues have been thrust into the public and political dialog over recent years,” Hubbard’s attorneys wrote. “There are numerous cases on this very issue currently pending … Resolution from this Court is necessary … to clarify the extent to which the Statewide Prosecution has authority.”
The 4th District Court of Appeal also cited a 2023 legislative change granting the statewide prosecutor authority over such cases, applying that change retroactively to Hubbard’s prosecution.
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These voter-fraud charges against 20 convicted felons, including Hubbard, were announced by Gov. Ron DeSantis and other officials in August 2022, just before a major election cycle. DeSantis and GOP leaders have repeatedly emphasized voter fraud prevention. However, Hubbard’s attorneys note that the constitutional amendment approved by voters in 2018 aimed to restore voting rights to most convicted felons who completed their sentences, excluding those convicted of murder or sex offenses. According to the appeals court ruling, Hubbard was previously convicted in 1989 of a sex offense, making him ineligible under that amendment.
The Florida Supreme Court’s decision on whether to take up the case will determine if Hubbard’s challenge moves forward or if the appeals court ruling stands, potentially reinforcing the statewide prosecutor’s authority and clarifying the legal landscape for similar cases.
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