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Back in August 20 people were arrested in Florida as part of a sting operation on "voter fraud" heavily publicized by Gov. DeSantis. Each person had a felony conviction and voted, but I wrote about how each person was specifically told by election authorities that they were legally able to vote. The confusion stems from how felony voter right restoration was implemented in Florida, where the state insisted that everyone had to pay all outstanding fines while at the same time admitting it had no way of keeping track of all these fines.
A small update since then is that bodyworn video footage of the arrests has been released. The language in an arrest warrant issued by a court usually says something along the lines of "To every peace officer of blah blah, you are commanded to..." which means the decision to arrest is not discretionary. I've watched thousands of arrest videos by now and while the modal arrest is far less eventful that what the typical viral incident would have you believe, it's still an event that is inherently antagonistic. After all, the cop is placing handcuffs on you and taking you to jail, with serious retribution if you impede the process in any way.
I have never seen cops anywhere near as apologetic about an arrest as in the videos just released from Florida. They caught these people unaware outside of their homes, and as they explain the arrest warrant they pepper every sentence with "sir" and "m'am". When they explain that they're about to be handcuffed, they use "unfortunately" as a prefix. Thanks to qualified immunity along with the general deference courts give law enforcement, each cop would have had the legal authority to leg sweep each person and slam them to the ground if they displayed anything that could remotely be construed as resistance. Instead they take the time to calmly explain the process, including when they would likely be released, in a bid to secure as much of their cooperation as possible through what is understandably a distressing event for any person to go through. They're treated with astounding compassion. The people arrested start talking (of course they do), with one explaining how he was told he could legally vote, and the cop responds with "there's your defense". I've never seen a cop highlight legal defenses to the person they just arrested.
DeSantis is a Yale/Harvard educated former federal prosecutor. I would assume based on his background that he's not an idiot, and that he knows how criminal prosecutions work. If I keep my cynic hat on, DeSantis chose to make a big show of these arrests entirely as a means to appease the portion of the electorate that still believes the 2020 election was stolen and remains angry no one has gotten punished. But even so, what exactly was the follow-up supposed to be? Whatever charges one would levy against these people would require that you prove beyond a reasonable doubt that they knew they weren't allowed to vote but voted anyway, and how would any prosecutor counter the fact that election authorities approved their registration? What this does also just brings more attention to the confusing labyrinthian mess around court fines the state of Florida intentionally created as a hurdle for felons pursuing voter right restoration.
If the cops conducting the arrest are expressing this much skepticism about the charges, you can surmise how a random jury pool would react. These charges were patently frivolous from the very start but setting that aside they don't even make sense from the political grandstanding perspective. Bewildering.
Think on the meta level just a bit. As in, not about whether these twenty people themselves were or were not intentionally trying to commit a crime, and catching them is proof of anything.
From a pure signalling standpoint, if you want to prevent people from knowingly casting illegal votes and demonstrate that you are capable of enforcing this rule (i.e. detecting illegal votes), then yes, you have to arrest people who do cast illegal votes, even if they possess a defense for the action.
Especially since "I was told it was legal to cast my vote" is such an easy defense to invoke and hard to disprove otherwise. You show that you will STILL investigate such situations and try to verify the defense as valid.
Do you think that this action will, on the margins, increase or decrease the chances of someone attempting actual voter fraud in the 2022 elections in Florida?
Or would the effect be entirely minimal and worth disregarding?
Speaking purely from the political grandstanding perspective, it mostly makes DeSantis look silly and buffoonish: at the margin, it lost him votes, possibly even in future Republican primaries. You can talk about hypothetical second-order effects on marginal illegal voters all you want, but the public doesn't care, and it'll be hard to convince anyone that this escapade was DeSantis courageously trying to institute good policy despite any negative effects it might have on his grander political ambitions.
Find me a single likely voter who was actually swayed from voting for Desantis due to this action, I'll give you the point. Honest.
I doubt Desantis needs many extra votes given how he's got approximately zero chance of losing his re-election bid this year, though.
But if OTHER races end up being close, and he can dissuade fraudulent votes from being cast, well that is a serious benefit to people besides him.
HENCE: The Meta level analysis.
Desantis seems to actually care not just about looking good and winning his own elections, he seems to care about establishing systems which will, over a longer term, support his allies and thus increase the chances his goals will be achieved in the future.
Looking buffoonish for a month is a fine trade if you can bump your party's electoral chances by a few percentage points in the next election and every election to come.
If I can find a single felon who was considering casting a fraudulent vote who is now dissuaded, it would be strong evidence that the tactic worked.
There are two implicit assumptions buried in your analysis, though:
Voter fraud disproportionately favors DeSantis's opponents, and
The fraud is of such a scope to have an effect on an election
To the first point, there's no real evidence that this would be the case. I looked at cases of what I call "casual voter fraud" from the 2020 election in Pennsylvania. By Casual Voter Fraud I mean things like ineligible voting, impersonation at the polls, and mail-in or absentee ballot fraud; in other words, the kind of voter fraud a normal person could attempt without much difficulty. There are other cases of voter fraud, but these all either involved insiders or were part of large schemes that involved a certain amount of organization. Out of five total cases four involved registered Republicans and one didn't specify the party affiliation of the defendant. Given the small sample size, I'm going to conclude that there's no conclusive evidence that deterring voter fraud would help DeSantis's party in any way.
To the second point, again, I point to the small sample size, and to the fact that the incidents in question were distributed throughout the state. If they were concentrated in one area then it's conceivable that five votes could impact some local election, but that simply wasn't the case. More importantly, though, it speaks volumes that DeSantis is making this point by arresting people whom he knows are unlikely to be convicted. If he wants to send a message about voter fraud, then why not have a mass arrest of people who actually committed voter fraud? I understand that maybe it's a difficult thing to catch, but Pennsylvania managed to catch five people in a single election without really trying (there was no statewide crackdown and the only case that got even got significant news coverage was one that Fetterman memed about). Florida is larger than Pennsylvania and if you go back to the start of the Statute of Limitations it shouldn't be too hard to come up with 20 cases of real voter fraud if you were to actually try.
So Desantis wins an extremely close election and other races came down to a bare handful of votes, including one that an opponent won.
Any and all irregular activity in that year's election came out of two counties, both of which are extremely populous and both of which are controlled by his political opponents.
THEN an audit of one such county finds massive problems that could have been exploited for fraudulent purposes.
What, exactly, is the conclusion he should draw from this?
Nikki Fried (D) won by 6000 votes in 2018. 8 million were cast. As noted above.
Many local races were probably even closer than that.
At what point does it become concerning enough that a single corrupt election official might be able to tip races their preferred direction? At what point are you allowed to say "I don't know the exact risk that voter fraud occurs, but I do think that the outcome of fraud can be massive enough to take it seriously."
I just want to know the thresholds YOU think should apply.
I mean, one possible answer is that if they identified persons who they suspect committed voter fraud en masse, they've got them under surveillance, and if they attempt voter fraud again in 2022, they will gather evidence, identify all parties involved, then roll the whole thing up at once.
This tactic is used commonly against other sorts of organized crime, so I find it plausible.
My official prediction is that such mass arrests won't occur due to actual voter fraud in 2022, so this would in fact surprise me if true, but it's an easy way to explain the evidence we have.
Yeah, twenty people in total. Guy's not loading up train cars with his political enemies or anything.
Indeed, I suspect you'd be making even MORE of a fuss if he had arrested public officials who were suspected of voter fraud activities because THAT action, rounding up and arresting officials from the opposing party, looks particularly despotic. It is even just possible that he had grounds to go after, e.g. Palm Beach or Broward County's election supervisors for something like that, but opted to let them resign instead
So in my view, he's actually chosen the nicest way possible to send the message, without kicking in doors or interfering with his political opponent's rights, that the state is ready, willing, and able to detect and prosecute voter fraud.
You need multiple people. To stuff a ballot box in a precinct, you would need at least an accomplice stuffing the books, which are explicitly in the control of another person.
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