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FDLE Probe Under Scrutiny
Democrats Question Motives
Nancy Cook Lauer, Tallahassee Democrat
August 18, 2004
A Florida Department of Law Enforcement investigation into possible absentee-ballot fraud in an Orlando mayoral race has blossomed into an election issue itself, with Democrats calling for Gov. Jeb Bush to halt a practice they say is aimed at intimidating elderly black voters.
At issue is an investigation into former state Sen. Buddy Dyer's March 9 re-election as Orlando mayor. Dyer, a Democrat, won by just less than 51 percent of the vote. His opponents filed a lawsuit, alleging an aide filled out multiple absentee ballots on behalf of black voters to help him get elected.
The FDLE went door to door in black neighborhoods collecting evidence to turn over to the State Attorney's Office there. Democrats charge the technique, which is not the FDLE's normal mode of questioning witnesses, is harassment.
"The efforts under way here, just 75 days before a presidential election, are appalling by any American's standards," said Sen. Ron Klein, D-Boca Raton. "These tactics are designed to frighten away elderly minority voters from exercising their constitutional rights."
Bush spokeswoman Jill Bratina said the FDLE's portion of the investigation is complete, but the governor thinks it did nothing wrong.
"That is the duty of the FDLE and it's an appropriate thing for the FDLE to do when conducting an investigation," Bratina said.
This is the second time in recent years that a state agency has been accused of harassing minority voters. The U.S. Commission on Civil Rights heard testimony after the 2000 election that at least one voter felt intimidated by a Florida Highway Patrol traffic checkpoint near Woodville and called the National Association for the Advancement of Colored People to report it.
Troopers mistakenly chose a location not on a prepared list and failed to advertise the checkpoint - but it was 2.1 miles from the polling place, and operated during an off-peak hour, an FHP official told the commission.
In the latest controversy, the FDLE chose to interview potential witnesses - and possible victims of voter fraud - at their homes precisely because the agency felt it would be more intimidating to subpoena them and have them appear at the FDLE office, said legal adviser Steve Brady.
"They would have gotten a subpoena to appear and it wouldn't tell them why - that can be pretty scary," Brady said.
He said the agency took names and addresses off "hundreds and hundreds" of absentee ballot envelopes, put them into a spreadsheet and randomly picked 50 to interview. The officers visited the homes in pairs. They were wearing business clothes, not uniforms, but they did carry badges and sidearms.
"These people are witnesses. And some might even be victims," Brady said.
"Several individuals picked up absentee ballots in a questionable manner, and these individuals targeted the African-American community, not the FDLE."
Democratic National Committee Chairman Terry McAuliffe said the investigation has thrown a chill over efforts to get out the black vote.
"Gov. Bush should be as troubled as anyone that the Florida state police at 'random' has chosen to enter the homes of elderly African-American voters in Orlando," McAuliffe said Tuesday. "This appears anything but random and it is now incumbent upon Gov. Bush to demonstrate that Florida is capable of holding an election that is fair and above reproach."
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