State Drops Contentious Voter Fraud Charges Against Tallahassee Woman

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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

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