Miami

Judge Dismisses Charge Against Miami Man Accused of Voter Fraud

Miami-Dade Circuit Judge Milton Hirsch on Friday dismissed the charge against Robert Lee Wood, who had been charged with voting as an unqualified voter because of his past felony conviction for second-degree murder

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A judge has dismissed a voter fraud charge against a Miami man who was among 20 people arrested in Florida for allegedly voting illegally in the 2020 election.

Miami-Dade Circuit Judge Milton Hirsch on Friday dismissed the charge against Robert Lee Wood, who had been charged with voting as an unqualified voter because of his past felony conviction for second-degree murder.

Wood was one of the 20 voter fraud arrests announced in August by Florida Gov. Ron DeSantis.

The Florida Election Crimes and Security Office made the arrests and the state prosecutor in the Attorney General’s office was prosecuting the case. The office was created to crackdown on voter fraud and other crimes.

The judge Friday morning dismissed Wood's felony charge on grounds that the state prosecutor did not have jurisdiction since the voter lived and voted in Miami-Dade County. The local prosecutor is responsible for handling the case.

The state argued that since the votes were collected and tabulated in Leon County, where the Department of State is, the crime happened in two counties. That didn’t fly with the judge.

In a brief statement Friday, statewide prosecutor Nick Cox said they believe the judge gave an "incorrect analysis of jurisdiction" and plan to appeal.

A DeSantis spokesman also released a statement Friday on the judge's ruling.

"Given that elections violations of this nature impact all Florida voters, elections officials, state government, and the integrity of our republic, we continue to view the Florida Office of Statewide Prosecution as the appropriate agency to prosecute these crimes," the statement read. "The state will continue to enforce the law and ensure that murderers and rapists who are not permitted to vote do not unlawfully do so. Florida will not be a state in which elections are left vulnerable or cheaters unaccountable."

A South Florida man speaks out after being accused of voter fraud for voting during the 2020 presidential election as a former felon. NBC 6's Steve Litz reports

The August arrests generated outrage from critics of DeSantis, who said the election police force serves as a political tool for the Republican governor.

DeSantis said the people targeted had been convicted of murder or a felony sexual offense and therefore were not eligible to vote under a 2018 constitutional amendment that restores voting rights to some felons.

The 20 who were arrested were able to register to vote, leading them to apparently believe they could legally cast ballots, according to court records.

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