Tallahassee – The Florida Supreme Court has agreed to hear the appeal of Terry Hubbard, a convicted felon, who is one of 20 individuals accused of illegally registering and voting in 2022, despite being ineligible.
The case revolves around allegations that Hubbard, along with others, violated voter registration laws by casting ballots when they were not legally permitted. In August 2022, Governor Ron DeSantis and state officials announced the charges, just before the general election in which DeSantis was re-elected.
Hubbard, who was convicted of a sex offense in 1989, went to the Supreme Court after the 4th District Court of Appeal ruled that the charges against him could proceed. The justices’ order, issued on Monday, did not provide a specific reason for taking up the case.
The legal question in this case is whether the statewide prosecutor had jurisdiction to file charges against Hubbard. The original case was dismissed by a Broward County judge, who ruled that the alleged actions occurred within one judicial circuit. However, the 4th District Court of Appeal overruled that decision, stating that the crime spanned two judicial circuits—Broward County, where Hubbard registered, and Leon County, where the information was reviewed by the state.
Attorney General Ashley Moody’s office has argued that the statewide prosecutor’s jurisdiction applies because Hubbard’s actions crossed judicial circuit lines, involving both counties. Hubbard’s defense disagrees, maintaining that the case should not have gone forward, especially in light of other similar cases.
The case is of significant importance as it deals with the restoration of voting rights for felons in Florida. In 2018, voters approved a constitutional amendment restoring the voting rights of felons who had completed their sentences, with exceptions for those convicted of murder or sex offenses. Hubbard’s conviction falls under the latter category, which disqualifies him from voting under state law.
Hubbard’s attorneys continue to argue that the legal implications of voting rights are far-reaching and deserve clarity, citing the widespread impact these decisions have on similar cases across the state. The Florida Supreme Court’s decision will likely set a precedent for how such cases are handled in the future.
