Chief U.S. District Judge Mark Walker was not pleased when he recused himself from a lawsuit that could have an impact on tens, or even hundreds, of thousands of people who were counting on a constitutional amendment to give them access to the voting booth.
The amendment, approved by more than 71 percent of Floridians in November, restored voting rights to convicted felons “upon completion of all terms of sentence including parole or probation.”
The lawsuit challenges provisions of a sweeping election law, approved by the Republican-controlled Legislature in May, that would carry out the amendment. Under the new law, “all terms of sentence” include payment of any restitution, fines or fees ordered by courts.
Plaintiffs in the case allege that the law is a "modern-day poll tax" that "discriminates on the basis of wealth." The lawsuit claims that 500,000 people who are otherwise eligible under the amendment won't be able to register to vote because they have outstanding financial obligations. That's a half-million Floridians who may not be on the rolls in time to cast ballots in next year's presidential election.
Walker, a sharp-tongued jurist known for strongly worded and sometimes-snarky orders, withdrew from the case after two defendants --- Florida Secretary of State Laurel Lee and Broward County Supervisor of Elections Pete Antonacci --- hired a lawyer who works for the same firm as Walker’s wife, Karen.
In Wednesday’s order, Judge Walker called out Antonacci for hiring George Meros, hinting that the selection of the Holland & Knight lawyer may have been an intentional effort to remove Walker from overseeing the challenge.
“The conduct at issue here is deeply troubling,” Walker wrote.
But Antonacci, who was appointed as elections supervisor by then-Gov. Rick Scott in 2018, said Meros was a natural pick for the job.
The two men have known each other for decades and worked together at GrayRobinson, a prominent law and lobbying firm. And Meros has a long history of being Republicans’ go-to guy when it comes to contentious elections matters. For example, Meros represented the Florida House in several high-profile cases involving redistricting.
“George Meros has been retained by this office because I have known and worked with him since 1997. As my former law partner, I know his expertise in this area of law very well. With this professional competence and for that reason he has been retained in this matter,” Antonacci said in a prepared statement provided to The News Service of Florida.
Why Gov. Ron DeSantis’ administration needed to recruit Meros, however, is less clear. The secretary of state’s office already had enlisted the aid of Mohammad Jazil, a prominent Hopping Green & Sams attorney who’s represented the state in more than a dozen elections-related cases over the past year.
If the defendants attempted to judge-shop by hiring Meros, the effort may have backfired.
The case is now assigned to U.S. District Judge Robert Hinkle, who isn’t a firebrand like Walker but who’s not averse to ruling against the state, either.
Hinkle’s overruled Florida laws restricting abortion. He’s sided with the Seminole Tribe in a dispute over controversial “designated player” card games at pari-mutuel facilities. And he struck down as unconstitutional Florida’s ban on same-sex marriage, a decision that was cemented by a seminal U.S. Supreme Court ruling.
American Civil Liberties Union of Florida legal director Daniel Tilley, who represents some of the plaintiffs in the felon-voting lawsuit, took Walker’s recusal in stride.
“We are prepared to present our clients and our claims in front of Judge Hinkle or any other judge, and we look forward to making that case soon,” Tilley said in an email.
FRIED SEEKS FEUD
Agriculture Commissioner Nikki Fried, the only statewide elected Democrat, criticized Scott after the former Republican governor used his defense of controversial tweets from President Donald Trump to call the Democratic Party “the anti-Semitic party.”
“Florida’s junior U.S. Senator @SenRickScott calling @TheDemocrats Party anti-Semitic is insulting, false & dangerous. He should apologize and stop using my community to sow division,” Fried snapped off in a tweet on Wednesday in which she identified herself as “the first statewide elected Jewish female in Florida history & proud @FlaDems.”
Fried sought to make it a feud after Scott was among people arguing that Trump’s comments about four Democratic congresswomen weren’t racist. Trump said the four progressive women of color in Congress should “go back” to the “crime infested places from which they came.”
“It was clearly not the way I would do it but let’s remember the position that these Democrats have taken,” Scott told the Miami Herald. “They’ve become the anti-Semitic party now and so that’s wrong. Our country is not anti-Semitic.”
Scott’s office declined to comment on Fried, who wasn’t the only one to criticize the former governor.
Congressman Ted Deutch, a Democrat from Delray Beach who is also Jewish, called on Scott to apologize.
“The Senator’s comments were not only ridiculous; they are offensive to all of us, Democrats and Republicans, who work hard together to advance Jewish values and the U.S.-Israel relationship,” Deutch said.
MORGAN V. GILLUM
A twitter undercard this week has been the simmering battle between 2018 Democratic gubernatorial candidate Andrew Gillum and John Morgan, the prominent attorney from Orlando who has flirted with statewide campaigns.
Morgan continued Sunday to take swings at Gillum for leaving money on the sideline in his unsuccessful race against Republican Ron DeSantis in 2018.
The spur this time was Gillum moving $500,000 from his political committee Forward Florida to a new non-profit called Forward Florida Action. The move puts the money into an entity that requires less disclosure.
Morgan has been irate since Gillum left more than $3.5 million unspent --- including a late $250,000 contribution from Morgan --- as he was narrowly defeated by DeSantis.
“Does anyone believe anything that comes out of this dude's mouth? Of course it must be in an account that the public and his donors never see,” Morgan tweeted on Sunday. “And when will he transfer another $500K? When he spends this first $500K.”
Morgan has urged Gillum to return the campaign-related money or use it to help felons pay restitution so they can regain their right to vote.
The tweet that drew a response from Gillum cut at the November defeat.
“We need to explore a lawsuit to recover the monies given in trust to @AndrewGillum and now in a slush fund,” Morgan tweeted. “Thank God for Florida that @GovRonDeSantis won.”
Gillum, a former Tallahassee mayor who became a national Democratic media darling, shot back via Twitter.
“You only care about transactions and distractions,” Gillum tweeted. “I don't live on your plantation and I don’t take advice from Trump impersonators & DeSantis suck ups.”
TWEET OF THE WEEK: “Palm Beach County Republicans drop Anthony @Scaramucci from their big summer fundraiser. His offense, condemning @realDonaldTrump language as racist. Party Chairman Michael Barnett would “rather the president know we support him." --- Sun Sentinel political reporter Anthony Man (@Browardpolitics).
--- News Service staff writer Jim Turner contributed to this report.
