MIAMI – A Florida man had his election fraud charges dismissed on Friday, making him the first of 20 people who Florida Gov. Ron DeSantis announced had been charged with voter fraud in August.
Robert Lee Wood, 56, who faced one count of making a false affirmation on a voter application, and one count of voting as an unqualified elector, had his charges dismissed after a judge found that the statewide prosecutor’s office does not have jurisdiction over the case.
“It is an old truth that all politics is local,” Judge Hirsche wrote in his order - “OSP seeks to stand that old truth on its head.”
Wood was facing up to five years in prison and $5,000 in fines and fees, for allegedly illegally voting in the 2020 election.
In order for the statewide prosecutor to have jurisdiction, the crimes alleged must have occurred in at least two judicial circuits.
The judge later agreed with the defense’s argument, that the alleged violations, applying to vote and voting while ineligible, only occurred in Miami-Dade County. Thus, the statewide prosecutor was found to not have jurisdiction.
Wood’s attorney, Larry Davis, said that his motion to dismiss on grounds of jurisdiction has been passed to attorneys representing the other election fraud defendants.
“We don’t think there’s proof that they could show that in any way my client knew when he voted or when he registered that he was doing so illegally,” said Davis.
Davis says the state now has to decide whether to appeal or not.
“My client will be very happy that at this point the statewide office is out of his life,” said Davis
The statewide prosecutor and governor’s executive office disagree with Judge Hirsch’s interpretation of state statute telling Local 10 News they plan to appeal the decision, but Davis believes the ruling could be precedent-setting.
“There are a number of lawyers around the state that were waiting for this ruling that have filed similar motions in all the other circuits,” Davis said.
In the second election fraud case in Miami-Dade County, 57-year-old Ronald Miller’s defense attorney, Robert Barrar, brought up the judge’s ruling in Wood’s case in hopes of a second dismissal.
The truth of this matter is that I am not guilty,” said Miller.
Miller, one of the men the state accused of election crimes, always maintained did not knowingly vote illegally, even showing off his government-issued voter ID card.
“It’s all screwed up,” said Miller. “If i wasn’t supposed to have it, why did you send it?”
Both cases were similar as both defendants, who are former felons, were approached at grocery stores as both men claimed the voter registration volunteers who told them they could sign up were wrong.
“What we’re suggesting is we do it in the same fashion, with the same facts -- the legal issues are identical,” said Barrar.
The statewide prosecutor’s office got involved in not only these cases, but several other similar ones across Florida.
“We argued that the fact that there were administrative issues in Leon County, that it didn’t give the statewide the two circuits that were necessary,” said Barrar.
Miller’s defense attorney Raul De La Heria told Local 10 News that they have already filed a motion for the Judge to dismiss Miller’s case.
“We just believe this a political stunt right before the midterms and more of a scare tactic than prosecution and we intend to fight it all the way,” said De La Heria.
Statewide Prosecutor Nick Cox told Local 10 News, “We believe this was an incorrect analysis of jurisdiction and OSP will appeal.”
Both cases will return to court on November 2.