County Commissioner Rebeca Sosa, saying she saw the issue on Eye On Miami's 3 part blog, is going to sponsor a resolution to add a penalty to Miami Dade County's Absentee Ballot Code Section 12-14. That section of the code puts strict limits on the circumstances under which a person can submit an absentee ballot for another. Former State Prosecutor Joe Centorino complained that the code was missing a criminal penalty and he said he needed one to prosecute. Although against the law, Centorino found that campaigns illegally pick up ballots from voters and his hands were tied to do anything about it without a penalty.
I proposed in my September 13th blog: To add a penalty. Commissioner Sosa listened and is proposing a penalty, a $1,000 fine and/or 60 days in jail.
Unfortunately the County Commission does not have the authority to create felony crimes under its ordinances. Commissioner Sosa has thus decided to sponsor a companion resolution urging the State Legislature to make improper collection of absentee ballots a felony. I complained to Joe Centorino about the misdemeanor classification on 12-14 that Rebecca Sosa was proposing. I thought it wasn't strong enough. He disagreed, saying:
Although the misdemeanor penalty does not sound very harsh, let me tell you that it would do wonders for the enforcement of the ordinance. No political consultant wants to sully his/her reputation with a criminal conviction that would get widespread publicity. No political candidate wants his/her campaign connected to a criminal case. It would definitely deter this practice, and, in doing so, lessen the occasions for voter fraud. I have prosecuted elected public officials for misdemeanor ordinance violations, which have resulted in their being removed from office. So don’t discount the significance of the penalty.
After hearing from Joe, I agree this is a great start. I am very pleased that County Commissioner Sosa is sponsoring these two resolutions. I will keep you posted on when they will be heard. Hopefully some of you will have time to offer support.
Also, to add to this good news, County Commissioner Xavier Suarez has said he will add his name to the 2 resolutions. I thank the X-man as well. This is a win for good government. Life is not so bad sometimes. Now we have to see if the County Commissioners will pass the resolutions. Let's hope a majority of them are committed to elections free from corruption -- like most of us!
If you have the time tell them both you are pleased they want to help stop Absentee Ballot Fraud and thank them.
Rebeca Sosa's Legislative Aide: Marcos San Martin: mlsm@miamidade.gov
Xavier Suarez's Legislative Aide Donald Wolfe: dwolfe@miamidade.gov
19 comments:
I will be sending my support and thank you notes to both of them this morning. This is great news. Working so hard on a campaign and watching it implode under the weight of absentee ballots from the opposition, even though my candidate was ahead in the polls. Also knowing at least one person who went to vote in person and was told he submitted an absentee ballot (when he did no such thing) is great news. We'll see what Bell does with this, though, her time is near!
However, I highly doubt the GOP will do anything with this. But, there is hope because Sosa seems very close to Rubio - it could happen.
Thank you Genius!
It is a start and a good one. I wondered why you selected these two for the request in your blog that it come from them. Now I know why, they were the best bet to do it.
I am not surprised by Centorino's philosophy. They don't call him "Let'em Go Joe" for nothing!
It doesn't fix everything but it is a remedy for a chunk of what is going on that wasn't being addressed. I will push for more, this is just the beginning. I hope many of you will join me in keeping up the fight. As for Joe he is also committed to stop this fraud.
This is a good thing. Let me know when it is before the County Commission, I want to watch them squirm.
Someone please tell this to Councilman Jon Burgess of Homestead!!!
Why Burgess
Okay I looked up Burgess. he got 306 absentee ballots in the election last week. 971 people voted in his race. So 1/3 were absentees.
That is a lot when you consider that in 2007 he only got 183 absentees and Steve Losner and Lynda Bell got 170, and 190 for a total of 360 between them absentees. 2233 voted in his race.
Joe Centorino apparently shares the same philosophy as his predecessor Robert Meyers ...that politicians will be ashamed to receive any penalty for an ethical violation no matter how small.
That "low-level penalty" philosophy has not been a deterrent to unethical behavior in the 14 years the Ethics Commission has been in existence. It's sad to hear that Centorino wants to give us more of the same, although I am not surprised given his poor record at the State Attorney's Office.
Have to agree w last anon. Low level deterence is NO deterence.
You must learn to read. First Centorino was not talking from his NEW position. Ethics department is a waste of money in my view and seems to be limited to fines not penalties
The state attorney needs the penalty not ethics. Second: the county commission can not impose a felony. We are limited. Probably a good idea since they would arrest us all if they could pin something on us.
Respond based on what I write-- don't read 3 sentences and make up crap and trash what I work for. I find it offensive.
Your right, no ethics. It was clear now that I read it again, although I didn't write the offending comments.
Criminal proceedings - even misdemeanor - are a world apart fom an ethics censure. You go Genius!
I applaud Commissioners Soso and Saurez for their courage to introduce the resolutions. I strongly believe however, that the penalty should be a felony.
Let us not forget this is Miami-Dade. It will take more than a misdemeanor to beat back the fraudulant behavior against the elderly, of which I am one. Besides, preying on the elderly is something we must take seriously. Perpetrating a fraud on our senior citizens by falsifying their vote deserves a felony.
I take issue with the Anon who said "I highly doubt the GOP will do anything with this. But, there is hope because Sosa seems very close to Rubio - it could happen." What party do you think both Sosa and Saurez belong to? The GOP! Besides, I thought it was the Republican party that is usually looked down upon because of their strong stance against anything criminal.
This is an issue that impacts the entire community, not merely one party.
Let us try to put the acrimony on hold and concentrate on getting it done.
Thank you, Commissioners Sosa and Suarez!
Eye on Miami is improving things! A lot of people we have met in the course of our campaign have told us they will be voting at the polls because they want to be sure their vote is counted.
I have learned a lot in the role of candidate that I didn't know as an activist. We need to control these practices so that honest candidates have a chance. There's something very wrong with the system when the first question people ask about your campaign is, "What are you doing about absentee ballots?" If most voters showed up it wouldn't have an impact, but with low voter turnout it has a huge potential impact.
I hope every one of you will come out to vote in early voting or on November 1.
Michelle Niemeyer
Candidate for Miami City Commissioner, District 2
www.michelleformiami.com
It's great start for comprehensive reform. Absentee ballots favor incumbents and make it difficult for good and dedicated people to win. Thank you, Genius!
Kate Callahan
Candidate for Miami City Commissioner, District 2
www.KateCallahan2011.com
Commissioners Sosa and Suarez want to get out in front of the rest of the commissioners because they fear re-call. The past re-call has made a big impact on the remaining county commissioner. Remember, Sosa was one of the commissioners who sold us down the river on the baseball complex because she refused to force the marlins to show their books. I wonder how much fund raising and special events the marlins had to do to get her vote. Sosa does not want term limits and she sure does not want to limit the bucket full of cash each and every commisioner gets for their district but most utilize it for their re-election. Commissioner Sosa should be targeted for re-called unless she totally supports the county government reform recommendations. Either she supports all the the recommendations for reform or she should get ready to fight a re-call drive.
Yes, Mr. Burgess in Homestead got too many absentee votes. I smell a musty odor with this. The investigation should start with this. Its always 300+ votes. Another commissioner won around 300+ also. I suppose the 300+ is the magic number for winning. This will not stop until someone goes to jail. Fines do not work they pay the fine and thats it.
This is a threat to our democracy. Its wrong.
Each and every fraudulent ballot should be made a separate count.
How do you charge the candidate who profited versus the campaign worker who did the deed?
You have to prove it was a conspiracy. That is where the rubber meets the road.
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