IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT, IN AND FOR LEON COUNTY, FLORIDA. CASE NO. 23CF02702 SPN 241031 STATE OF FLORIDA vs. Marsha E. Ervin, Defendant(s). ________________________________/
NO INFORMATION
COMES NOW the State of Florida, by and through the undersigned State Attorney, and enters this NO INFORMATION in the above-styled cause due to: While there was sufficient probable cause for arrest, subsequent information has
compromised the State’s ability to proceed further.
The Florida Department of Law Enforcement did an exhaustive investigation into this case. However, since the arrest was made, the undersigned has
spoken to two key witnesses. The first is the defendant’s probation officer.
She provided the State two forms that review the conditions of probation with the Defendant. One was signed on October 26, 2022, and explicitly explains that that the offender could not legally vote while on probation. The other was signed on November 28, 2018, and does not show this language. The voting incidents were between these two dates and there is no indication that she has voted since being provided this information. More problematically, the undersigned has spoken to Leon County Supervisor of Elections Mark Earley. Mr. Earley indicated that upon his review of the submitted registration forms, he believes that this was an innocent mistake. Apparently, there is a group that sends persons like Ms Ervin forms indicating how that can re-register to vote. These forms appearance is such that many would believe them to be coming from the Supervisor of Elections Office.
The Defendant’s application seems to be one of these forms.
Hence, the evidence is there is no witness who can testify to the defendant being told that she was ineligible to vote and some evidence to corroborate her assertions that she believed she could lawfully vote. This office cannot proceed with a fraud prosecution with such a lack of evidence to establish intent. Dated on October 17, 2023. JACK CAMPBELL STATE ATTORNEY /s/Jack Campbell State Attorney cc: Mutaqee Akbar, m.akbar@akbarthomas.com, Attorney for Defendant Inv Cope , c/o Florida Department of Law Enforcement, Property & Evidence Section, #EI-32-0140 3723F13557
