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Trump may have voted illegally when he cast early primary ballot in Palm Beach County

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Ex-president Donald Trump arriving Wednesday morning to vote in Palm Beach County. Photo: Local10 News

By Noreen Marcus, FloridaBulldog.org

Convicted felon Donald J. Trump apparently did not have the necessary grant of clemency to vote in Florida’s Republican primary, public records indicate – but he voted anyway. 

On Wednesday the ex-president and current Republican nominee to reclaim the White House traveled from his Mar-a-Lago resort home to a nearby Palm Beach County polling place to cast a ballot that included two U.S. House contenders, one Florida House hopeful, two school board members, the state attorney, the public defender, a county court judge, the sheriff and a ballot question about extending tax abatements.

Only Trump knows who he voted for, and only he knows how he was able to vote in Palm Beach County.

Trump was photographed at the early voting site just like any other celebrity exercising a fundamental civil right. On hand to greet him was a smiling Palm Beach Supervisor of Elections Wendy Sartory Link. But it appears that neither Link nor anyone else made any inquiry about his entitlement to vote.

Sartory Link did not respond to Florida Bulldog’s requests for comment.

So what’s the problem?

Former Florida appeals court judge Philip Padovano

On May 30 a New York state court jury found Trump guilty of 34 felony counts of falsifying business records in order to cover up hush money payments to a porn star and corrupt the 2016 presidential election. Trump is to be sentenced next month.

PADOVANO: TRUMP NOT ENTITLED TO VOTE

In Florida convicted felons may not vote until their sentences have been served and they have paid all outstanding fines and restitution.

“There’s absolutely nothing in the Constitution or in state law that would enable him to vote,” said Philip Padovano, an appellate lawyer and former judge on the First District Court of Appeal in Tallahassee. “He’s a convicted felon and the Constitution says in plain English that unless you’ve completed your sentence, you’re not entitled to vote.

“I just think we should treat him like everybody else,” Padovano said.

Gov. Ron DeSantis seems to disagree. In June, when the media started questioning whether Trump could vote in his home state, the Republican governor came out swinging on behalf of his party’s leader. 

“Former President Donald Trump hasn’t lost his voting rights in Florida. Rights are not removed in Florida where they haven’t yet been stripped in the convicting jurisdiction,” DeSantis tweeted at the time. “That said, given the absurd nature of the New York prosecution of Trump, this would be an easy case to qualify for restoration of rights per the Florida Clemency Board, which I chair.”

DeSantis promised that if there were a problem, he’d make sure the board acts in time to allow Trump to vote for himself in November. He didn’t elaborate on what that  problem might be.

NO PUBLIC RECORD SHOWING TRUMP GIVEN CLEMENCY

The state board that restores returning citizens’ rights is composed of the governor and the three Cabinet members, all of whom are Republicans.

“This disgrace isn’t justice. It’s election interference,” Agriculture Commissioner Wilton Simpson tweeted following the conviction, according to the Miami Herald.

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Donald Trump with Florida’s Chief Financial Officer and Clemency Board member Jimmy Patronis

Another Cabinet member, Chief Financial Officer Jimmy Patronis, tweeted, “Trump should be granted clemency immediately. This is outrageous.”

But there’s no public record showing state officials have granted Trump clemency. Chris Taylor, spokesperson for the Florida Commission on Offender Review, did not return a phone message from Florida Bulldog seeking comment.

Padovano said he finds “very unfair” how differently from Trump former offenders as a group are treated in Florida. In 2018 voters passed an amendment to the Florida Constitution that was supposed to restore voting rights to convicted felons after they complete their sentences.

LEGISLATURE MADE VOTING TOUGH FOR FELONS

The Legislature passed so-called enabling legislation that added the requirement former offenders must pay all outstanding fines and restitution before they are allowed to vote. Yet there was no central database showing who had paid what and the resulting confusion disenfranchised a great number of returning citizens, their advocates said.

The Florida Rights Restoration Coalition sued the state in federal court and ultimately lost the case in the 11th U.S. Circuit Court of Appeals in Atlanta.

“I think it’s fairly obvious the Legislature passed the law to make it more difficult for convicted felons to vote,” Padovano said. “Trump is a convicted felon. Why is it easier for him?”

One theory supporting Trump’s right to vote in Florida and popularized by some of the media is that the state Constitution applies to Floridians the laws of the state where they were convicted; since New York would allow someone in Trump’s position to vote, he’s good to go here.

“I think that’s wrong,” Padovano said. “I’m at a loss to understand where they are getting this concept of going by the laws of another state.

“And I wonder if anyone would have come up with that for John Doe, voter.”

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Comments

9 responses to “Trump may have voted illegally when he cast early primary ballot in Palm Beach County”

  1. Wizard of Oz society Avatar
    Wizard of Oz society

    I’ve contributed to Florida Bulldog in the past but after reading this story I feel there is bias and unfairness.
    If Trump is being persecuted for voting then why isn’t Kamala Harris and all of her staff who kept Biden‘s declining condition all under federal investigation? Fair is fair! Citizens have a right to know the truth.
    If Kamala Harris has been running the White House for this administration, it’s in shambles. Who is running our country ? It seems like we should be watching the Wizard of Oz..

  2. george taylor Avatar

    WHEN did the judge lower the gavel and declare Mr. Trump guilty and have him be subjected to whatever penalty the judge decided? Am not going to read this site in the future because I see so much bias and it is always against one particular side.

    Ms. Harris has made a declaration she will not tax tips in the future when she had over 3 years to accomplish this already. She has not done anything about any of the borders of this country. The Northern, the Eastern, the Western, the Southern borders are being invaded with her no doing anything.

  3. Blaise Trettis Avatar

    Here are the reasons why former president Trump did NOT illegally vote:
    1) Under New York law, which is the controlling law in this circumstance, a person is not convicted of a felony for the purposes of losing the right to vote until after their conviction is affirmed by the appellate court. This has not happened; therefore, Trump has not lost his right to vote.
    2) The guilty verdict by the jury is not a felony conviction. The judge must render an order adjudicating the defendant guilty of a felony crime for the defendant to be convicted of the felony crime. This is done at sentencing. Trump has not been sentenced, so he hasn’t been adjudicated guilty of a felony crime. Thus, he is not a convicted felon.
    3) Florida law does not control in this circumstance, but for the sake of argument, even if it did apply then former president Trump can legally vote because he hasn’t been adjudicated guilty of a felony crime at sentencing by the judge and because he has not yet been sentenced. Under Florida law there is no sentence that has to be completed before becoming eligible to vote because former president Trump has not been sentenced.
    4) The references to clemency by Florida would only apply if former president Trump were a convicted felon, which he is not, assuming that Florida law applies, which it does not.

  4. See Florida statute 112.3173. Florida law’s Definition of conviction is contained therein

  5. Sean-Paul Bobadilla Avatar
    Sean-Paul Bobadilla

    “A felony conviction in another state makes a person ineligible to vote in Florida only if the conviction would make the person ineligible to vote in the state where the person was convicted.”
    He doesn’t need clemency.
    Tastes like ashes but it’s a valid reason.

  6. Sean-Paul Bobadilla Avatar
    Sean-Paul Bobadilla

    Trump didn’t escape justice here. He received justice.
    Our anger should be for the thousands who had their voting rights taken and thousands who were jailed because they voted anyway, unaware they were disenfranchised. They are the ones who didn’t receive justice.

  7. […] Not only did convicted felon former President Trump disclaim any knowledge of what is reality and what’s generated by AI and contradict his insistence on one day only of voting when he showed up Wednesday to cast a ballot in Florida’s primary election, he did it illegally, Florida Bulldog reports. […]

  8. RestoreClemency Avatar
    RestoreClemency

    Judge Padovano should check the Florida Division of Election’s website. It’s clear an out-of-state conviction grants voting rights in Florida based on the laws on the state of conviction, for John Doe to “John Barron”.
    https://dos.fl.gov/elections/for-voters/voter-registration/felon-voting-rights/

  9. Suppose Donald Trump signed his ballot but did not actually vote for anyone. How would anyone now because the ballot is secret

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