Officials have announced the clearance of felony charges against Marsha Ervin, a 69-year-old Black woman from Tallahassee, Florida, who was accused of voter fraud.
Ervin had been taken into custody on the morning of September 29, charged with voting in the 2020 general and 2022 primary elections while still on probation.
After serving time for a previous conviction, she was released in 2018 but remained on probation until next month, reports the Atlanta Black Star.
The Florida Office of Election Crimes and Security (OECS) provided information about voter fraud allegations to the Department of Law Enforcement. Ervin had obtained a voter registration card in 2020, which led her to cast her ballot both in person and via mail for these elections.
Ervin contended that she was unaware she couldn’t vote, believing she was eligible due to information she had seen on television programs and being told she could vote upon her release from prison.
This case comes following the establishment of the OECS unit by Governor Ron DeSantis, aimed at investigating voting-related crimes.
This has led to charges against individuals who had previously been convicted of murder or felony sexual offenses and were accused of illegally voting in the 2020 elections. Advocates argue that formerly incarcerated individuals are often unaware of their inability to vote, especially when they receive materials from the government.
National civil rights attorney Benjamin Crump, who represents Ervin, described the situation as “voter intimidation” and had previously demanded that her charges be dropped in a news conference.
State Attorney Jack Campbell cited a lack of evidence to establish intent for fraud prosecution. There were no witnesses who could testify that Ervin was informed she was ineligible to vote.
Two witnesses, Leon County Supervisor of Elections Mark Earley and Ervin’s probation officer, supported her case. Earley characterized the situation as an “innocent mistake,” and Ervin’s probation officer provided state forms outlining her conditions.
One form explicitly mentioned that she couldn’t vote while on probation, but it was signed after the voting incidents occurred, and there was no indication that she had voted after receiving that information.
