Hood, Martinez Implicated In Criminal Ballot Case

The GOoPers in Orlando may have bitten off more than they can chew in their recent efforts to unseat Dem star Buddy Dyer, the Mayor of Orlando. GOoPer Ken Mulvaney, who was spanked by Dyer in the 2004 Mayor's race, filed suit claiming "fraud" and, at the same time, was (apparently) behind FDLE complaints concerning Dyer's absentee ballot campaign in the Black community. The FDLE "investigation has now evolved to focus on the untested state statute governing so-called 'ballot brokers'".

The absentee ballot issue has gained statewide, national and even international coverage.

In the meantime, the lawsuit and FDLE investigation has dragged on for months - with the no doubt intended effect of suppressing absentee ballot efforts in the Black community in the 2004 presidential race; the mere existence of the high profile FDLE investigation necessarily had the effect of curtailing participation in the absentee (mail) ballot process.

Now it has come home to roost for the GOoPers.

Turns out that the man at the center of the investigation - a Mr. Ezzie Thomas - has done the same thing, for of all people, GOP Secretary of State Glenda Hood and GOP Senator Mel Martinez, among others.

The attorney representing Thomas, one Dean Mosely, happens to be a local GOoPer bigwig himself (he is described in this 2002 piece as "Dean Mosely, a black Orlando attorney and vice chairman of the Orange Republican Party" (scroll down to "Slavery Reparations Movement Gains Momentum In Florida", and the portion of the article where Mosely, mouthing the GOoPer mantra, says he "reject[s] people hanging on to [the slavery issue] and using it as an excuse not to have certain successes")). While Mosely no doubt is interested in seeing Dyer go down (the Orlando Republicans can't stand seeing a Dem running the central Florida burg), he may have created more of a fuss than he intended:

The lawyer for Orlando's "ballot king" said Friday that his client was paid by Orlando Mayor Buddy Dyer and a who's who of Central Florida politicians to gather absentee votes, an allegation that if true means they may have broken the law.

According to his lawyer, Thomas told prosecutors that he did the potentially illegal work for the campaigns of Dyer; former Orlando Mayor Glenda Hood; U.S. Sen. Mel Martinez; state Sen. Gary Siplin, D-Orlando; Circuit Judge Alan Apte and perhaps others.

"The problem is that you're not supposed to be paid to collect absentee ballots," Mosley said.

"'Ballot king' was paid by Dyer, other politicians, lawyer says".

At the heart of the case is a vaguely drafted statute making it a crime to to offer, pay or accept any thing of value

"for distributing, ordering, requesting, collecting, delivering or otherwise physically possessing absentee ballots."

The thing is, as the Orlando Sentinel correctly observes:

Most interpret the law to prohibit only paying ballot brokers per vote and paying voters directly.

And, "no one has been prosecuted for it since lawmakers made it a third-degree felony."

There is no claim and certainly no evidence that Dyer paid anyone per vote, let alone paid voters directly. Indeed, there is as yet no evidence that Dyer or anyone in his campaign even paid Thomas for running an absentee ballot program per se:

While Dyer and other politicians have never hidden the fact that they have hired Thomas to help on their campaigns, the mayor has denied that Thomas' only task was to gather absentee votes. Dyer's campaign treasurer reports, for instance, indicate Thomas was paid $10,000 for vague "get-out-the-vote" efforts.

Hence, as it stands now, there is no evidence - despite the FDLE's extensive investigation - that Dyer did anything wrong.

Can Hood and Martinez say the same?

On a side note - and something we have written about in the past - why is it that the similar criminal charge in connection with the 2000 election issue in Seminole County was not investigated. A complaint was filed against Bush campaign operatives for correcting and requesting absentee ballots on behalf of persons who had not authorized the GOoP to make requests on their behalf (and were indeed not legally authorized to do so), yet nothing was done. Perhaps the Republican State Attorney probing the Dyer issue will expand his investigation - that of course won't happen; but maybe the media will actually do its job and finally take a look at this issue.

I will write more on this point as time permits; in the meantime, anyone who wants additional information feel free to E-Mail Florida Politics.