Highlights:
DeSantis Argued That Presidential Electors Were Appointed By State Legislatures And Urged Citizens To Reach Out To Their Legislators. According to Tampa Bay Times, “In a Thursday night appearance on Laura Ingraham’s Fox News show, Gov. Ron DeSantis joined the chorus of Republicans questioning the outcome of a presidential election that increasingly looks bad for their candidate. But DeSantis went further than other Republicans have been willing to venture. He urged Ingraham’s viewers to call on their state lawmakers to take matters into their own hands, into a direction that could lead the United States toward a constitutional crisis. ‘Under Article II of the Constitution, presidential electors are done by legislatures and the schemes they create in the framework,’ DeSantis said. ‘If there’s departure from that and they’re not following the law, if they’re ignoring law, then they can provide remedies as well, so I would exhaust every option to make sure we have a fair count.’” [Tampa Bay Times, 11/6/20]
DeSantis Called For Faithless Presidential Electors To Step Up In States Like Michigan And Pennsylvania If They Saw “Departure From The Law” By Election Officials. According to the Miami Herald, “But in Fox News appearances since the polls closed, Florida Gov. Ron DeSantis has used the word ‘troubling’ to describe the processing of ballot counting in Wisconsin and suggested ‘faithless electors’ -- electoral college voters who buck the will of their voters and cast their support instead for their own preferred candidate -- step up in Pennsylvania and Michigan if ‘there's a departure from the law’ by election officials.” [Miami Herald, 11/6/20]
DeSantis Questioned Fox News After It Called Arizona For Biden, Suggesting The Network Had A Political Motivation. According to the Tampa Bay Times, “DeSantis didn’t need to be prodded. In the days since the election, DeSantis questioned Fox News for calling the race in Arizona for former Vice President Joe Biden, suggesting the network had a motive, though he didn’t elaborate on what it might be.” [Tampa Bay Times, 11/6/20]
DeSantis Attacked Wisconsin And Pennsylvania For Not Counting Mail-In Ballots Until After Election Day. According to the Tampa Bay Times, “He has ripped Wisconsin and Pennsylvania for counting votes after Election Day, without mentioning that it was Republican legislatures in those states that barred the early counting of mail-in ballots.” [Tampa Bay Times, 11/6/20]
DeSantis Urged Fox News Viewers To Donate To Trump’s Legal Fund. According to the South Florida Sun-Sentinel, “DeSantis, one of Trump's close Republican allies, declared Thursday on Laura Ingraham's show on Fox News he would stand with Trump as the president's re-election chances dimmed. He urged viewers to donate to Trump's legal fund and suggested people living in battleground states with GOP legislatures, specifically Michigan and Pennsylvania, contact their state lawmakers who could provide ‘remedies.’” [South Florida Sun-Sentinel, 11/7/20]
In Immediate Aftermath Of 2020 Election, DeSantis Did Not Acknowledge Biden As President-Elect. According to the Tampa Bay Times, “For the past two years, Florida Gov. Ron DeSantis has leveraged his unique kinship with President Donald Trump to advance his priorities, grow his political brand and keep Trump's focus on the Sunshine State. But Trump's days in the White House are numbered. And he will be replaced by Joe Biden, a Democrat who DeSantis has yet to acknowledge is the president-elect as he joins Trump's crusade to undermine the election results. It's an early sign that DeSantis doesn't intend to immediately answer Biden's post-election calls for unity in the affirmative.” [Tampa Bay Times, 11/10/20]
December 2020: DeSantis Deferred When Asked If He Accepted Biden As President-Elect. According to the Orlando Sentinel, “But when asked if he accepted Biden as the President-elect, DeSantis deferred. ‘It's not for me to do, but here's what I would say: Obviously we did our thing in Florida, the Electoral College voted, [and] what's going happen is going to happen,’ DeSantis said. ‘But I can tell you I think a lot of the frustration for folks who supported the president is, we were four years with people not accepting him.’” [Orlando Sentinel, 12/16/20]
DeSantis Changed The Subject When Asked Whether He Agreed With Pence Or Trump On Whether The VP Had The Power To Overturn The 2020 Election. Results. According to NBC News, “Eyeing a possible White House bid, Florida Gov. Ron DeSantis declined on Monday to weigh in on one of the most divisive issues in the GOP: Could then-Vice President Mike Pence have ‘overturned’ the 2020 presidential election? Former President Donald Trump has repeatedly insisted that Pence could have changed the outcome of the election by upending the congressional certification of the results, overturning President Joe Biden's win. On Friday, Pence rebutted his former boss, saying Trump was ‘wrong’ to suggest he had the authority to change the outcome of the election. Asked Monday with whom he sides, DeSantis wouldn’t say. ‘I’m not. I … ,’ DeSantis told reporters at an immigration-related media event at the American Museum of the Cuban Diaspora in Miami before he cut himself off. Pressed by a reporter, DeSantis changed the subject to say he had a ‘great working relationship’ with the Trump administration during the two years his administration overlapped with it.” [NBC News, 2/7/22]
DeSantis Disputed The Notion That January 6 Attacks Were An “Insurrection.” According to the Tampa Bay Times, “Calling Jan. 6 equivalent to ‘Christmas’ for ‘D.C.-New York media,’ Gov. Ron DeSantis said on the one-year anniversary of the attack on the U.S. Capitol that the day has been used by national media outlets to ‘smear anyone who ever supported Donald Trump.’ He also suggested that the riot — which interrupted the certification of President Joe Biden’s victory, caused millions in damage and left multiple people dead — was overblown, and disputed its characterization as an insurrection. ‘When they try to act like this is something akin to the Sept. 11th attacks, that is an insult to the people who were going into those buildings,’ DeSantis said Thursday at a news conference in West Palm Beach. ‘And it’s an insult to people when you say it’s an ‘insurrection’ and then a year later, nobody has been charged with that.’” [Tampa Bay Times, 1/6/22]
DeSantis Refused To Say If Trump Bears Responsibility For The January 6 Violence. According to the Florida Phoenix, “Gov. Ron DeSantis refused to say Tuesday whether he believes Donald Trump bears any responsibility for the Jan. 6 U.S. Capitol attack or agrees with Trump that the election was stolen from him. Asked about the matters during a press conference, DeSantis changed the subject to Russian interference in the 2016 election.” [Florida Phoenix, 2/2/21]
DeSantis Claimed The Media Would “Milk” The Anniversary Of January 6 To “Smear Anyone Who Ever Supported” Trump. According to Mediaite, “Governor Ron DeSantis (R-FL) ripped into what he sees as the media’s ‘obsession’ with the January 6th riot at the U.S. Capitol, saying ‘this is their Christmas.’ While speaking at a Covid-19 press conference Thursday, DeSantis specifically accused the ‘D.C.-New York media’ of exploiting the Capitol riot for their own political ends. DeSantis charged, ‘They are going to take this and milk this for anything they can to be able to smear anyone who ever supported Donald Trump.’” [Mediaite, 1/6/22]
DeSantis On Events Commemorating The Anniversary Of The January 6 Insurrection: “I Think It’s Going To Be Nauseating.” According to the Florida Phoenix, “On the one-year anniversary of the violent insurrection at the U.S. Capitol, Gov. Ron DeSantis said he won’t watch any commemorations connected to the events that led to deaths and injuries, while slamming the ‘corporate press.’ DeSantis said at a Thursday morning press conference in West Palm Beach that he expects the media to politicize the Jan. 6 insurrection. ‘I don’t expect anything from the corporate press to be enlightening, I think it’s going to be nauseating, quite frankly. And I’m not going to do it,’ DeSantis said. ‘It’s interesting how everything in our society becomes very politicized…honestly, I am not going to watch any of it. But you’re going to see the D.C. and New York media, I mean this is their Christmas, Jan. 6, okay. They are going to take this and milk this for anything they could to try to be able to smear anyone who ever supported Donald Trump,’ DeSantis said.” [Florida Phoenix, 1/6/22]
DeSantis Was Cozy With Notable Election Deniers
DeSantis Communicated With Clarence Thomas’s Wife Ginni Thomas. According to Politico, “Emails handed over to American Oversight, a group that bills itself as a government watchdog, suggest that DeSantis is in regular contact with Justice Clarence Thomas. In June 2021, Thomas' wife, Ginni, who runs her own consulting firm, worked with the DeSantis administration to have the governor talk to a coalition of groups, including people affiliated with Judicial Watch, the conservative organization that uses information requests and lawsuits to investigate public officials.” [Politico, 2/4/22]
Thomas Sent Texts And Emails To Trump Officials In An Attempt to Overturn The 2020 Elections. According to Florida Politics, “As calls continue for the removal of Supreme Court Justice Clarence Thomas in light of his wife looking to overturn the election of the current Democratic President, yet another vote of confidence for the veteran jurist came Tuesday from a Florida Republican politician. ‘The only thing I will say, Clarence Thomas, greatest living Justice and one of the greatest public servants in America,’ Gov. Ron DeSantis said at the end of a press conference in the Florida Capitol. The endorsement is not surprising: Justice Thomas and Gov. DeSantis communicate regularly, according to the Justice’s wife, Ginni Thomas. She is currently at the heart of controversy regarding texts and emails with top Donald Trump officials regarding a failed bid to overturn the 2020 Presidential Election.” [Florida Politics, 3/29/22]
DeSantis Took An Interview With Known Insurrectionist Brendan Leslie. According to Florida Politics, “DeSantis spoke this week to Brendan Leslie of Florida’s Voice, a four-minute conversation denounced by the Democrats as an ‘exclusive interview to a Jan. 6th insurrectionist.’ […] Leslie told a Florida media outlet that he was in Washington on Jan. 6, 2021, and they reported that he ‘was among that group who forced a lockdown at the Capitol, but he says he was inside only to document the chaos.’” [Florida Politics, 10/5/22]
During The Interview, Leslie Wore A Shirt That Had The Logo Of The Three Percenters, An Extremist Groups With Ties To The Insurrection. According to Florida Politics, “The Democrats note that ‘during the interview, Leslie was openly wearing a shirt featuring the logo of the Three Percenters, a far-right extremist group with heavy ties to the Capitol insurrection.’” [Florida Politics, 10/5/22]
DeSantis Campaigned For Mastriano, Who Backed Efforts To Challenge The 2020 Election Results, In Pennsylvania. According to Politico, “Ron DeSantis used his star power among Republicans to rally conservatives in Pennsylvania Friday for Doug Mastriano, that state’s GOP nominee for governor who loudly backed former President Donald Trump’s effort to challenge the 2020 election.” [Politico, 8/19/22]
DeSantis Campaigned For Masters And Lake In Arizona. According to Florida Politics, “Gov. Ron DeSantis was two time zones away from the Sunshine State Sunday night. The Florida Governor was in Phoenix rallying for U.S. Senate candidate Blake Masters and Arizona gubernatorial hopeful Kari Lake, under the auspices of a Turning Point USA ‘Unite to Win’ rally tour appearance.” [Florida Politics, 8/15/22]
DeSantis Campaigned With Vance In Ohio. According to Spectrum News, “Republican candidate JD Vance is ahead of his Democratic opponent Tim Ryan by just a few percentage points, according to a recent poll released by Emerson College. […] A standing-room only crowd packed the Metroplex Expo Center on Friday to show support for Vance at the Unite & Win rally. […] The event brought Florida Gov. Ron DeSantis to the stage to voice his endorsement of Vance’s run for office to unite the party behind Vance. ‘Let’s do our part and let’s get him there,’ DeSantis said.” [Spectrum News, 8/20/22]
DeSantis Campaigned With Herrell In New Mexico. According to KOAT, “Mark Ronchetti's bid for Governor of New Mexico may have received a high profile boost on Sunday. Florida Governor Ron DeSantis came to Carlsbad in support of Ronchetti. Joined in attendance by Rep. Yvette Herrell, DeSantis told the crowd that it's time for conservative voices to make a stand, in New Mexico and across America.” [KOAT, 8/15/22]
2022: DeSantis Signed Into Law Legislation That Established The Office Of Election Crimes And. In April 2022, according to the Florida Senate, DeSantis signed into law Senate Bill 542, which “[r]equi[ed] the Secretary of State to notify the Attorney General if signatures required for an initiative petition are no longer valid; creat[ed] the Office of Election Crimes and Security within the Department of State; revis[ed] the frequency with which supervisors of elections must conduct a registration list maintenance program; requir[ed] the Department of State to identify deceased registered voters using information received by specified agencies; requir[ed] specified individuals observing the ballot duplication process to sign a specified affidavit acknowledging certain criminal penalties, etc.” [Florida Senate, Accessed on 10/19/22; Florida Senate, S.B. 524]
October 2021: DeSantis Rebuffed Requests From Florida Republicans To Conduct A “Forensic Audit” Of The 2020 Election Results. According to Politico, “Gov. Ron DeSantis and top Republicans in the Florida Legislature are under mounting pressure from their own party to audit the 2020 election even though former President Donald Trump easily won the state. The Republican push for a ‘forensic audit’ — and a hand recount of more than 11.1 million votes — could create an awkward moment for DeSantis, who said in the immediate aftermath of the 2020 election that Florida has shed its reputation for electoral mishaps and was now the ‘model’ for the nation.” [Politico, 10/5/21]
The Bill Expanded The Prohibition Against Private Donations For Election Expenses To Include Litigation Costs. According to the Florida Senate, “The bill also: Expands the prohibition against the use of private donations for election-related expenses to apply to any kind of expense, including but not limited to the costs of related litigation.” [Florida Senate, Accessed on 10/18/22]
The Bill Required Voter Rolls To Be Annually Updated. According to Press Release - Governor Ron DeSantis, “Today, Governor Ron DeSantis signed Senate Bill (SB) 524, Election Administration, to ensure that Florida continues to have secure and accurate elections. This legislation will strengthen election security measures by requiring voter rolls to be annually reviewed and updated, strengthening ID requirements, establishing the Office of Election Crimes and Security to investigate election law violations, and increasing penalties for violations of election laws.” [Press Release - Governor Ron DeSantis, 4/25/22]
The Bill Strengthened Voter I.D. Requirements. According to Press Release - Governor Ron DeSantis, “Today, Governor Ron DeSantis signed Senate Bill (SB) 524, Election Administration, to ensure that Florida continues to have secure and accurate elections. This legislation will strengthen election security measures by requiring voter rolls to be annually reviewed and updated, strengthening ID requirements, establishing the Office of Election Crimes and Security to investigate election law violations, and increasing penalties for violations of election laws.” [Press Release - Governor Ron DeSantis, 4/25/22]
The Bill Imposed A Statewide Ban On Ranked-Choice Voting, Including Local Governments. According to the Tampa Bay Times, “Bans ranked-choice voting statewide, including in cities and counties. In a ranked-choice voting system, voters rank candidates by preference on their ballots rather than selecting just one.” [Tampa Bay Times, 4/25/22]
The Bill And Enhanced Penalties For Election Violations. According to Press Release - Governor Ron DeSantis, “Today, Governor Ron DeSantis signed Senate Bill (SB) 524, Election Administration, to ensure that Florida continues to have secure and accurate elections. This legislation will strengthen election security measures by requiring voter rolls to be annually reviewed and updated, strengthening ID requirements, establishing the Office of Election Crimes and Security to investigate election law violations, and increasing penalties for violations of election laws.” [Press Release - Governor Ron DeSantis, 4/25/22]
The Bill Enhanced Penalties For Actors That Modify Voter Registration Forms Illegally To $1,000 Per Violation. According to the Tampa Bay Times, “The bill signed by DeSantis addresses some of this behavior, proponents say. The new law increases financial penalties for actors who alter voter registration forms to $1,000 per violation.” [Tampa Bay Times, 4/25/22]
The Bill Made Ballot Harvesting A Felony. According to the Associated Press, “The proposal also would increase penalties for the collection of completed ballots by a third party, often referred to as ballot harvesting, to a felony.” [Associated Press, 3/9/22]
2021: DeSantis Signed Into Law Legislation That Would Add Restrictions To Voting In Florida. In May 2021, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 90, which “[p]rohibit[ed] certain persons from settling certain actions, consenting to conditions, or agreeing to certain orders in certain circumstances; revis[ed] requirements governing the acceptance of voter registration applications; revis[ed] the oath for candidates seeking to qualify for nomination as a candidate of a political party; limit[ed] the duration of requests for vote-by-mail ballots to all elections through the end of the calendar year of the next regularly scheduled general election; prohibit[ed] certain solicitation activities within a specified area surrounding a drop box, etc.” [Florida Senate, Accessed on 10/20/22; Florida Senate, S.B. 90]
The Bill Established Rules On Ballot Drop Boxes. According to the Associated Press, “Last year, DeSantis signed a bill that put new rules on ballot drop boxes and required a driver’s license number, state ID number or last four digits of a Social Security number to request a mail ballot, among other things.” [Associated Press, 3/9/22]
The Bill Banned Mass Ballot Mailing. According to Press Release - Governor Ron DeSantis, “Today, Governor Ron DeSantis signed into law Senate Bill 90, Florida’s new election integrity bill, strengthening voter identification, prohibiting the mass mailing of ballots, banning ballot harvesting and prohibiting private money from administering elections in our state.” [Press Release - Governor Ron DeSantis, 5/6/21]
The Bill Mandated Voters To Provide A Driver’s License Number, State Identification Number Or The Last Four Digits Of A Social Security Number In Order To Request A Mail Ballot. According to the Associated Press, “Last year, DeSantis signed a bill that put new rules on ballot drop boxes and required a driver’s license number, state ID number or last four digits of a Social Security number to request a mail ballot, among other things.” [Associated Press, 3/9/22]
The Bill Prohibited Ballot Harvesting. According to Press Release - Governor Ron DeSantis, “Today, Governor Ron DeSantis signed into law Senate Bill 90, Florida’s new election integrity bill, strengthening voter identification, prohibiting the mass mailing of ballots, banning ballot harvesting and prohibiting private money from administering elections in our state.” [Press Release - Governor Ron DeSantis, 5/6/21]
The Bill Required People To Request Mail Ballots Every Election Cycle, Instead Of Every Two Election Cycles, And Grandfathered Voters Who Had Already Requested Their Ballots Through The 2022 Election. According to CNN, “People who want to vote by mail now must request ballots every election cycle, instead of every two cycles. An eleventh-hour agreement between the two chambers did grandfather in those voters who are already on the request list through the 2022 election.” [CNN, 4/30/21]
The Bill Barred Private Money From Being Used To Administer Elections In Florida. According to Press Release - Governor Ron DeSantis, “Today, Governor Ron DeSantis signed into law Senate Bill 90, Florida’s new election integrity bill, strengthening voter identification, prohibiting the mass mailing of ballots, banning ballot harvesting and prohibiting private money from administering elections in our state.” [Press Release - Governor Ron DeSantis, 5/6/21]
The U.S. District Judge Ruled Declared That The Bill Hindered The Right To Vote, Specifically The Voting Rights Act Of 1965. According to the Tampa Bay Times, “A number of voting rights groups sued to stop the law last year, claiming it was unconstitutional. After a two-week bench trial this year, Walker agreed, finding that lawmakers intended to discriminate against Black voters when they passed the law. ‘In so ruling, this Court recognizes that the right to vote, and the (Voting Rights Act of 1965) particularly, are under siege,’ Walker wrote.” [Tampa Bay Times, 3/31/22]
The Federal Judge’s Ruling Restricted Officials From Enforcing A Provision Restricting Drop Boxes During Early Voting, A Requirement That Third-Party Voter Registrants Must Provide A Warning Notice, And Restrictions On “No-Solicitation” Zones Around Polling Places. According to the Tampa Bay Times, “Walker ordered state and local officials to not enforce parts of the bill, including: A provision that limited the use of ballot drop boxes to early voting hours, unless they’re in a supervisor’s office, and required the boxes to be manned at all times; A requirement that third-party groups issue a warning when trying to register voters, including telling voters that their registration application might not be turned in before the voter registration deadline or within the required 14 days. A provision that changed the rules around the ‘no-solicitation zone’ around a polling site to prohibit ‘any activity with the intent to influence or effect of influencing a voter.’” [Tampa Bay Times, 3/31/22]
A Federal Appeals Court Upheld The Law
A Federal Appeals Court Upheld Florida’s Election Law. According to Politico, “A federal appeals court sided with Gov. Ron DeSantis on Thursday when it overturned a lower court’s decision on a controversial voting law. That law, approved by the state’s Republican-controlled Legislature in 2021, placed restrictions on the use of drop boxes and set new requirements for voter registration groups, among other things. A federal judge in March 2022 ruled that the law was discriminatory against minorities and placed unconstitutional burdens on voters. In an extraordinary move, the judge in the 2022 decision, U.S. District Judge Mark Walker, ordered the state to get court approval for a decade before it enacts changes in three areas of election law. But on Thursday, the 11th Circuit Court of Appeals determined that Walker’s 288-page order was based on legal errors and ‘clearly erroneous’ findings of fact. The appeals court sent the case back to the lower court for review.” [Politico, 4/27/23]
Floridians Passed Amendment 4, Which Restored Voting Rights To Some People Who Had Been Convicted Of Felonies. According to NPR, “In a key ballot initiative, Florida will restore voting rights to citizens convicted of certain felonies after they have served their sentences, including prison terms, parole and probationary periods, AP has projected. Voting rights will not be restored to those convicted of murder or felony sexual offenses. Approximately 1.5 million people are currently barred from voting in the state because of a past felony conviction — a figure representing about 10 percent of Florida's adult population. […] The ballot initiative for Amendment 4 to Florida's Constitution could majorly affect future elections in the swing state, which has been known for its very tight voting outcomes.” [NPR, 11/7/18]
DeSantis Did Not Take A Position On Amendment 4, A Proposal To Restore Felons’ Voting Rights In Florida. According to the Tampa Bay Times, “Most leading candidates for governor, including a non-candidate who acts like one, have staked out positions on Amendment 4, the November ballot initiative that would restore voting rights to most convicted felons in Florida. […] Republicans say no. Democrats say yes. There’s an outlier: The one who won’t take a stand is U.S. Rep. Ron DeSantis, R-Palm Coast, who announced his candidacy Monday. When asked by The Miami Herald’s David Smiley, DeSantis said: ‘I haven’t looked at it yet, but I’ll look at it.’” [Tampa Bay Times, 1/30/18]
DeSantis Said He Had Not Looked At “The Upcoming November Ballot Question To Restore The Voting Rights Of More Than 1 Million Of Florida’s Convicted Felons.” According to the Miami Herald, “’I haven’t look at it yet,’ DeSantis said when asked his thoughts on the upcoming November ballot question to restore the voting rights of more than 1 million of Florida’s convicted felons. ‘But I’ll look at it.’” [Miami Herald, 1/30/18]
2019: DeSantis Signed Into Law Legislation That Restored The Voting Rights Of Certain Convicted Felons If They Completed Their Sentence Under Certain Conditions. In June 2019, according to the Florida Senate, Ron DeSantis signed into law Senate Bill 7066, which “ma[de] substantive changes to the Florida Election Code and implement[ed] Amendment 4 to the Florida Constitution, which was approved by the voters of Florida on November 6, 2018, restoring the voting rights of certain convicted felons.” [Florida Senate, Accessed on 8/25/22; Florida Senate, S.B. 7066]
DeSantis Rejected The Claims That The Bill Established A Poll Tax. According to the Tampa Bay Times, “DeSantis, who had not formally received the bill from the Legislature as of Tuesday, rejected the characterization. ‘The idea that paying restitution to someone is the equivalent to a tax is totally wrong,’ DeSantis said. ‘The only reason you’re paying restitution is because you were convicted of a felony.’” [Tampa Bay Times, 5/8/19]
August 2022: DeSantis Announced The Arrests Of 20 Ex-Felons Tied To Voter Fraud In The 2020 Election. According to Politico, “Gov. Ron DeSantis on Thursday announced that the state is in the process of arresting 20 ex-felons — mostly in South Florida — for voter fraud tied to the 2020 election, the first round of what he promises will be a wave of voter fraud arrests. The investigation was led by the DeSantis-championed Office of Election Crimes and Security, an office created during the 2022 legislative session to focus on election fraud investigations and prosecutions.” [Politico, 8/18/22]
Arrests Were Made For Felons Who Did Not Properly Apply To Have Their Voting Rights Restored Or Were Ineligible To Vote. According to Politico, “The investigation was led by the DeSantis-championed Office of Election Crimes and Security, an office created during the 2022 legislative session to focus on election fraud investigations and prosecutions. The first round, announced during a press conference in Broward County, was focused on felons who illegally voted in 2020 by either not properly applying to have their voting rights restored or were ineligible because of the severity of their crimes.” [Politico, 8/18/22]
Department Of Law Enforcement Said Those Arrested Were Charged With Third Degree Felonies Relating To Voting Violations. According to Politico, “DeSantis said those arrested were convicted of crimes like murder and sexual assault, but provided no details about the defendants. The Florida Department of Law Enforcement later provided the names of the 20 individuals, who are facing third degree felony charges related to voting violations.” [Politico, 8/18/22]
October 2020: Florida Election Officials Did Not Know How Many Felons Were Eligible To Vote, Including Not Knowing If Ex-Felons Owed Court Fees, Fines, Or Restitution Which Would Disqualify Them From Voting. According to the Tampa Bay Times, “Nearly two years after Florida voters approved a landmark constitutional amendment allowing felons to vote, state officials don’t know how many have registered. They also don’t know how many felons on the voter rolls owe court fees, fines or restitution that would disqualify them from voting under a subsequent state law that limited the amendment’s scope. Florida officials have not removed any felons from the rolls for owing fines or fees, and they’re unlikely to do so before Election Day, Secretary of State Laurel Lee said in an interview Monday. It’s unclear whether those whom the state fails to prune are entitled to vote after all — or may face prosecution if they do. With so much in flux, the winner of Florida’s closely watched presidential vote could be decided by the courts for the second time in two decades.” [Tampa Bay Times, 10/7/20]
Numerous People Who Were Arrested On Voter Fraud Charges Were Told They Were Eligible To Vote By Government Officials. According to Politico, “Several people who were arrested last week as part of Gov. Ron DeSantis’ voter fraud crackdown were notified by official government entities they were eligible to vote, according to court documents and interviews. The defendants told authorities they had no intention of committing voter fraud, according to affidavits, and in some cases were baffled by their arrests because counties had sent them voter registration cards and approved them to vote. […] In the days since the announcement, however, several of those arrested have told media outlets or authorities that they had no idea they were not eligible to vote. In court documents filed in five counties, most say at least one official government body — in most cases a local election supervisor — incorrectly indicated to them they could vote, including allowing them to register and sending them voter cards in the mail.” [Politico, 8/25/22]
Ex-Felons’ Voter Registrations Were Removed In Spring Of 2021, After The 2020 Election. According to the Miami Herald, “Oliver, like four others arrested, is from Hillsborough County and was removed from the voter rolls in the spring. The Hillsborough County Supervisor of Elections office was notified by the state in late 2021 and early 2022 that the voters had felony convictions and their rights were not restored, spokesperson Gerri Kramer said. Such notifications are part of a regular process, she said. Kramer said the county elections office makes sure registration forms are filled out correctly, and then submits them to the state for review. ‘It’s not our role to verify the information,’ she said.” [Miami Herald, 8/19/22]
At Least Five Of The 18 Felons Targeted By DeSantis Were Not Removed From Voter Rolls Until 2022. According to the Miami Herald, “The 18 felons targeted by DeSantis remained on the rolls for months after they voted in 2020. At least five of them from Hillsborough County, for example, were not removed from the rolls until this year, according to the county’s supervisor of elections.” [Miami Herald, 8/31/22]
South Florida Judge Dismissed One Voter Fraud Case. According to Florida Politics, “One of the 20 people arrested with fanfare under an election fraud program launched by Florida Gov. Ron DeSantis had his case dismissed Friday by a Miami judge. […] Court records show Miami-Dade Circuit Judge Milton Hirsch agreed that Robert Lee Wood, 56, should not be prosecuted under the initiative because it did not involve multiple jurisdictions in Florida.’” [Florida Politics, 10/21/22]
Miami Judge Dismissed Another One Of DeSantis’ Ex-Felon Voter Fraud Cases. According to the Miami Herald, “A Miami judge has tossed out another voter fraud case brought by Gov. Ron DeSantis’ elections police, the third case to fall apart since the governor announced the arrests. On Wednesday, Circuit Judge Laura Anne Stuzin reached the same conclusion as another Miami judge did in a different voter’s case, saying that statewide prosecutors didn’t have the ability to bring charges against Ronald Lee Miller.” [Miami Herald, 12/7/22]
Orange County Judge Dismissed Another Case Citing Lack Of State Prosecutor Authority Due To State Legislature. According to the Orlando Sentinel, “An Orange County judge Monday dismissed a voter fraud case brought by Gov. Ron DeSantis’ new election crimes office, finding statewide prosecutors lacked the authority to charge the Orlando defendant. ‘If the legislature wants a centralized prosecutor with the power to pursue any perceived illegality throughout the state of Florida, the Florida legislature has the authority to create a centralized system,’ Orange County Circuit Judge Jenifer Harris wrote in her ruling. ‘This court will not facilitate such a concentrated power without legislative authority.’” [Orlando Sentinel, 2/13/23]
State Prosecutors Dropped Charges For One Voter Fraud Suspect. According to the Tampa Bay Times, “Statewide prosecutors have dropped charges against one of the 20 people accused by Gov. Ron DeSantis of voting illegally in 2020. In a court filing Monday, prosecutors wrote that they were dropping charges against Tampa resident Tony Patterson, 44, because of ‘information received’ from the Hillsborough County elections supervisor and because he was already being sentenced to prison in a separate case.” [Tampa Bay Times, 11/21/22]
One Person Arrested Took Plea Deal In Voter Fraud Case, Described By Her Attorney As “Essentially, Zero Consequences Except For All The Stress.” According to the Tampa Bay Times, “One of the 20 people arrested by Gov. Ron DeSantis’ new election security force accepted a plea deal on Monday that allows her to avoid any punishment. Tampa resident Romona Oliver, 56, pleaded no contest to a felony charge of voting during the 2020 election while ineligible. In exchange, statewide prosecutors dropped another felony charge of ‘false swearing’ when she registered to vote. Oliver was sentenced to credit for time served; she spent a few hours in the Hillsborough County jail on Aug. 18, the same day that DeSantis held a news conference announcing the first arrests for his new Office of Election Crimes and Security. Oliver did not receive probation, was not assigned to community service and did not have to pay the typically mandatory court fees such as the cost of prosecution or the cost of the investigation, said her Tampa attorney, Mark Rankin. ‘Essentially, zero consequences except for all the stress she’s been under for the last three months,’ Rankin said.” [Tampa Bay Times, 11/28/22]
Another Person Arrested Took A Plea Deal Resulting In One Day In Jail And Six Months Of Probation, As Well As $1,500 For Prosecution And Investigation Costs. According to Orlando Sentinel, “One of the 20 convicted felons arrested in August by Gov. Ron DeSantis’ Office of Election Crimes and Security for illegally voting entered a plea agreement with statewide prosecutors this week. Luis Villaran, 64, of Delray Beach, pleaded guilty to charges of false affirmation and voting as an unqualified elector, both third-degree felonies punishable by up to 10 years in prison. He was sentenced to time served — one day in jail — and six months of probation. Villaran must pay a total of $1,500 for prosecution and investigation costs by Aug. 8, according to court records. Failure to pay could result in the debt being sent to collections, Villaran’s driver’s license being suspended or his arrest.” [Orlando Sentinel, 2/9/23]
DeSantis Signed Bill Which Expanded The Jurisdiction Of Statewide Prosecutors To Prosecute Election Crimes
DeSantis Signed Bill Which Expanded The Jurisdiction Of Statewide Prosecutors To Prosecute Election Crimes Which Affected State And Congressional Elections. According to Florida Politics, “Gov. Ron DeSantis signed three measures lawmakers passed in the Special Session dealing with Hurricane Ian recovery, giving an existing migrant transportation plan a makeover and giving the statewide prosecutor more authority to go after election crimes. […] Another new law (SB 4B) gives the statewide prosecutor the authority to prosecute election crimes that affect state and congressional elections. DeSantis’ Office of Election Security arrested 20 people last year who were ineligible to vote in the 2020 election but did so anyway, mostly felons who thought they had paid their restitution and were cleared to vote. But most prosecutors either dropped the charges or offered watered down plea agreements, since they believed they were approved to vote because they received voter registration cards from election officials.” [Florida Politics, 2/15/23]
DeSantis Signed Legislation To Restrict Access To Public Records
2021: DeSantis Signed Into Law Legislation That Established A Public Records Exemption For Information Held By The Department Of Legal Affairs Regarding An Employer’s Alleged Violation Of The State’s Prohibition Of COVID-19 Vaccine Mandates. In November 2021, according to the Florida Senate, DeSantis signed into law House Bill 3-B, which “create[d] a public records exemption for an employee complaint and related information held by the Department of Legal Affairs regarding an employer’s alleged violation of state law restricting COVID-19 vaccination mandates. While the exemption applies, the complaint and related information are confidential and exempt from requirements of the public records law that they be available to the public for inspection and copying. After the investigation is completed or ceases to be active, information in records relating to the investigation remain confidential and exempt from public copying and inspection requirements if disclosure of that information: Jeopardizes the integrity of another active investigation; Reveals medical information about an employee; or Reveals information regarding the employee’s religious beliefs. The bill permit[ted] release of the confidential and exempt information to another governmental entity in the furtherance of that entity’s lawful duties and responsibilities. Additionally, the bill permit[ted] disclosure of information in an aggregated format. The public records exemption expires on October 2, 2023.” [Florida Senate, Accessed on 10/12/22; Florida Senate, H.B. 3-B]
2022: DeSantis Signed Into Law Legislation That Created A Public Records Exemption For The Identification Information Of People And Parties Involved In The Execution Of Prisoners Charged With The Death Penalty. In May 2022, according to the Florida Senate, DeSantis signed into law House Bill 873, which “create[d] a public records exemption for certain persons or entities involved in executions. Specifically, the bill ma[de] confidential and exempt from s. 119.07(1), F.S., and Art. 1, s. 24(a), State Constitution, information or records that identify or could reasonably lead to the identification of any person or entity that participates in, has participated in, or will participate in an execution, including those who administer, compound, dispense, distribute, maintain, manufacture, order, prepare, prescribe, provide, purchase, or supply drugs, chemicals, supplies, or equipment needed to conduct an execution. The bill ma[de] the exemption applicable to information and records held by the Department of Corrections before, on, or after the effective date of the bill. This exemption is subject to the Open Government Sunset Review Act and stands repealed on October 2, 2027, unless reviewed and saved from repeal through reenactment by the Legislature.” [Florida Senate, Accessed on 10/24/22; Florida Senate, H.B. 873]
2020: DeSantis Signed Into Law Legislation That Extended The Public Records Exemption For Law Enforcement Body Camera Recordings If The Recordings Were Taken Inside A Private Residence, Inside A Health Care Facility, Or In A Place Where A Person Would Expect To Be Private. In June 2020, according to the Florida Senate, DeSantis signed into law House Bill 7015, which “save[d] from repeal through reenactment by the Legislature a public records exemption in s. 119.071(2)(l), F.S., relating to certain body camera recordings. A body camera is a portable electronic recording device that is worn on a law enforcement officer’s body and that records audio and video data in the course of the officer performing his or her official duties and responsibilities. Section 119.071(2)(l), F.S., makes a body camera recording, or a portion thereof, confidential and exempt from public disclosure if the recording is taken: Within the interior of a private residence; Within the interior of a facility that offers health care, mental health care, or social services; or In a place that a reasonable person would expect to be private. The public records exemption also specifies when a law enforcement agency may or must provide disclosure, and also provides for court-ordered disclosure and specifies grounds the court must consider in reaching its decision regarding disclosure.” [Florida Senate, Accessed on 9/27/22; Florida Senate, H.B. 7015]
2022: DeSantis Signed Into Law Legislation That Created A Public Records Exemption For The GPS Information Of Police Officers. In May 2022, according to the Florida Senate, DeSantis signed into law Senate Bill 1046, which “[d]efin[ed] the term ‘law enforcement geolocation information’; provid[ed] an exemption from public records requirements for law enforcement geolocation information held by a law enforcement agency; requir[ed] law enforcement agencies to disclose law enforcement geolocation information under specified circumstances; provid[ed] for future legislative review and repeal of the exemption; provid[ed] a statement of public necessity, etc.” [Florida Senate, Accessed on 10/25/22; Florida Senate, S.B. 1046]
2019: DeSantis Signed Into Law Legislation That Established A New Public Records Exemption For Videos, Audio Recordings Or Images That Depict The Killing Of Mass Violence Victims. In May 2019, according to the Florida Senate, DeSantis signed into law Senate Bill 186, which “amend[ed] s. 406.136, F.S., and transfers this section to s. 119.071, F.S. The bill retain[ed] an existing public record exemption which provides that a photograph or video or audio recording that depicts or records the killing of a law enforcement officer who was acting in accordance with his or her official duties is confidential and exempt from public disclosure. The bill create[d] a new public records exemption which provides that a photograph or video or audio recording that depicts or records the killing of a victim of mass violence is confidential and exempt from public disclosure. The existing exemption and the new exemption only apply to photographs and video and audio recordings held by an agency. The bill define[d] the term ‘killing of a victim of mass violence’ as events that depict either a victim being killed or the body of a victim killed in an incident in which three or more persons, not including the perpetrator, are killed by the perpetrator of an intentional act of violence.” [Florida Senate, Accessed on 8/19/22; Florida Senate, S.B. 186]
2022: DeSantis Signed Into Law Legislation That Exempted From Public Disclosure Requirements Any Personal Information Of An Applicant For A College Or University President Until The End Of The Application Process And The Applicants Become Finalists. In March 2022, according to the Florida Senate, DeSantis signed into law Senate Bill 520, which “ma[de] confidential and exempt from public disclosure requirements any personal identifying information of an applicant for the position of president of a state university or Florida College System (FCS) institution held by a state university or an FCS institution. The bill provide[d] that the personal identifying information of an applicant included in a final group of applicants for president is no longer confidential and exempt from public records requirements beginning at the earlier of the date the final group of applicants to be considered for president is established or at least 21 days before either an interview of an applicant or final action on the offer of employment. The bill also exempt[ed] from open meeting requirements any portion of a meeting held for the purpose of identifying or vetting applicants for president of a state university or FCS institution, including any portion of a meeting that would disclose personal identifying information of such applicants. However, the meeting exemption does not apply to any portion of a meeting held for the purpose of establishing qualifications for the position or establishing any compensation framework to be offered to an applicant. Additionally, any meeting held after a final group of applicants has been established must be open to the public. The bill require[d] a complete recording to be made of any portion of a closed meeting, and prohibits any closed portion of a meeting from being held off the record. The recording of the closed portion of a meeting is also exempt from the public disclosure requirements. The exemptions established in the bill expire on October 2, 2027, unless saved from repeal by the Legislature.” [Florida Senate, Accessed on 10/18/22; Florida Senate, S.B. 520]
2019: DeSantis Signed Into Law Legislation That Established A Public Records Exemption For Portions Of Meetings Held By Local Government Utilities In Which Certain Exempt Information Over Technology Systems Was Disclosed. In May 2019, according to the Florida Senate, DeSantis signed into law House Bill 327, which “current law provides a public record exemption for the following information held by a utility owned or operated by a unit of local government (‘local government utility’): Information related to the security of a local government utility's technology, processes, and practices designed to protect the utility’s networks, computers, programs, and data from attack, damage, or unauthorized access that, if disclosed, would facilitate the alteration, disclosure, or destruction of the data or information technology resources; and Information related to the security of a local government utility’s existing or proposed information technology systems or industrial control technology systems that, if disclosed, would facilitate unauthorized access to, and alteration or destruction of, the systems in a manner that would adversely impact the safe and reliable operations of the systems and the utility. The bill create[d] a public meeting exemption for that portion of a meeting held by a local government utility that would reveal the above information. The bill require[d] that all portions of a local government utility meeting exempted by the bill be recorded and transcribed. These recordings and transcripts are exempt from disclosure as public records except to the extent that any portion of the recording or transcript is determined by a court of competent jurisdiction, after an in camera review, to reveal nonexempt data.” [Florida Senate, Accessed on 8/29/22; Florida Senate, H.B. 327]
2021: DeSantis Signed Into Law Legislation That Established A Public Meeting And Public Records Exemption For Portion Of Public Service Commission’s Hearings In Which Confidential Business Information Was Discussed. In June 2021, according to the Florida Senate, DeSantis signed into law House Bill 1311, which “create[d] a public meeting and a public record exemption under s. 350.01, F.S., relating to the Florida Public Service Commission (PSC). Under the bill, portions of a PSC hearing discussing proprietary confidential business information that is confidential or exempt from public record requirements are made exempt from public meeting requirements. The bill provide[d] that the entire hearing, including exempt portions must on the record, recorded, and transcribed. The bill also create[d] a public record exemption for the recordings and transcripts. The recordings and transcripts are confidential and exempt from disclosure unless a court of competent jurisdiction, after an in camera review, determines that such portions of the hearing were not restricted to discussion of proprietary confidential business information, under ss. 364.183, 366.093, 367.156, and 368.108, F.S. If such a judicial determination is made, only the portion of the recording and transcript which reveals nonexempt information may be disclosed to a third party.” [Florida Senate, Accessed on 10/6/22; Florida Senate, H.B. 1311]
2019: DeSantis Signed Into Law Legislation That Made Permanent A Public Records Exemption For The Personal Information Of People Who Apply For A License To Carry A Concealed Firearm Or Renew Their License. In May 2019, according to the Florida Senate, DeSantis signed into law House Bill 7059, which “save[d] the public records exemption in s. 790.0601(2), F.S., from repeal. The public records exemption for the personal identifying information of persons who apply for a concealed weapon or firearm license, or renew an existing license, through a local tax collector’s office was created in 2014. The exemption was created in conjunction with s. 790.0625, F.S., which authorizes the Division of Licensing (DOL) of the Department of Agriculture and Consumer Services (DACS) to enter into agreements with local tax collector’s offices to accept and submit concealed weapon or firearm license applications or renewal applications to the DOL of the DACS for processing and decisions on whether the license should be issued. The same information is exempted from the public records law if the applicant provides it directly to the DOL of the DACS at one of the DACS regional offices.” [Florida Senate, Accessed on 8/31/22; Florida Senate, H.B. 7059]
Florida Judge Ruled That DeSantis Was Allowed To Withhold Documents From Records Requests
Florida Circuit Judge Ruled That DeSantis Was Allowed To Withhold Information From Records Requests Through “Executive Privilege.” According to Politico’s Florida Playbook, “A Florida judge has ruled that DeSantis has a legal right to shield information from the public, creating a new privilege that could ultimately allow the potential contender for president to keep private documents related to key decisions. It's a victory for DeSantis and his legal team who have contended in multiple lawsuits now that the governor should be given executive privilege, an idea that has sparked rounds of litigation over the years at the federal level.” [Politico – Florida Playbook, 1/17/23]
Dempsey Said DeSantis Should Be Allowed To Keep Information Private And To Do Otherwise Would Be “Contrary To The Public Interest.” According to Politico’s Florida Playbook, “But Circuit Judge Angela Dempsey, who was first appointed to the court by then-Gov. Jeb Bush, ruled earlier this month in a little-noticed decision that the governor should be allowed to keep some information private and to do otherwise would be ‘contrary to the public interest.’” [Politico – Florida Playbook, 1/17/23]
Florida Had Previously Not Recognized Executive Privilege For The Governor And Adopted Provisions Which Guaranteed Public Access To State Records. According to Politico’s Florida Playbook, “Unlike the federal government, Florida has not previously recognized executive privilege for the governor, an office that has seen its power expand during Republican control over the quarter century. Additionally, Florida voters adopted a constitutional provision that guarantees public access to records.” [Politico – Florida Playbook, 1/17/23]