Election integrity activists Wesley Huff, and Jim Brown reported to The Miami Independent they delivered in person to the Pinellas County Sheriff's office documentation of dozens of felony election crimes.
Huff declared to The Miami Independent the Sheriff's staff informed them 'nothing would be done about it, and to contact the Secretary of State'.
The county sheriff is the first line of defense against election fraud in Florida.
We reached out to Sgt. Kannika Nimithkoune at the Pinellas County Sheriff's office and have yet to receive a response at time of publication. We will post an update if we do receive a response.
You can read the entire letter by Wesley Huff below outlining the situation:
Wesley Huff BS, MS, MBA, MCSD
September 19, 2022
VIA EMAIL AND U.S. MAIL
At a recent meeting with your staff Jim Brown and I presented 79 election crime cases which we believe are 3rd degree felonies, and which have the potential to undermine the election system to the point where we no longer have elections. See attached “Standard Uniform Voter Registration Form”. We also brought up a broad range of other election crimes found by DefendFlorida and Lake County in their canvassing efforts, including identity theft. Your staff told us that nothing would be done about these crimes and that we should contact the Secretary of State. We believe that this refusal to enforce election laws involving crimes is a clear violation of your oath of office and your responsibilities as spelled out in state law 102.091(1) “The sheriff shall exercise strict vigilance in the detection of any violations of the election laws and in apprehending the violators.”
The purpose of this letter is to review in detail the alleged crimes and the jurisdictional issues in the law, and to confirm what we were told by your staff: That the Pinellas County Sheriff’s office is not going to work with state law enforcement agencies on election crimes and is not going to do anything to stop election crimes in Pinellas County.
On Tuesday August 16, 2022, a set of 79 cases of election law violations, which are 3rd degree felonies, were presented to your employee and representative Sgt. Kannika Nimithkoune at the Pinellas County Sheriff’s Office by myself from Orange County and Jim Brown from Pinellas County. See attached “79 3rd Degree Felony Cases”. At this meeting Sgt. Nimithkoune said that the cases should be referred to the Secretary of State’s Office. I asserted that in State Law the Sheriff’s had the primary responsibility for election crimes in your county. Sgt. Nimithkoune disagreed and asked for a copy of the state law. I then sent an email to you and Sgt. Nimithkoune citing the state laws that cover jurisdictional issues for election crimes. See attached “Jurisdictional Email from Huff to Gualtieri”. Sgt. Nimithkoune then responded with an email citing other state laws. Again referring me and Mr. Brown to the Secretary of State’s Office and stating unequivocally that the issue was closed. See attached “Response from Sgt. Nimithkoune about jurisdiction of election crimes.”
The position that Sgt. Nimithkoune has taken on your behalf is astonishing and striking. It is a clear and decisive violation of your Oath of Office:
OATH OF OFFICE (Art. II. § 5(b), Fla. Const.)
STATE OF FLORIDA
County of ___________________________
I do solemnly swear (or affirm) that I will support, protect, and defend the Constitution and Government of the United States and of the State of Florida; that I am duly qualified to hold office under the Constitution of the State, and that I will well and faithfully perform the duties of _______________________________________________________________________ (Title of Office) on which I am now about to enter, so help me God.
Ensuring free and fair elections is the single most important action that can be taken by you as the Sheriff of Pinellas County to “support, protect, and defend the Constitution”.
In addition, Florida State Law clearly calls out the county sheriffs as the number one law enforcement entity with responsibility for election laws:
102.091(1) The sheriff shall exercise strict vigilance in the detection of any violations of the election laws and in apprehending the violators.
The purpose of this letter is to, in fact, confirm that your position on the enforcement of election laws is being accurately represented by Sgt. Nimithkoune.
Additional Information given to Sgt. Nimithkoune at the meeting:
There are about 581 cases that DefendFlorida came up with in Pinellas County, many of which are clear election crimes. In general, these are people voting out of a place where they do not live because: 1) They are dead; 2) They have moved; 3) You can’t actually live at the address because it is a mailbox, or a vacant lot, or a commercial address. Lake county took similar DF data and extended it and produced a 30+ page report with solid input from people with law enforcement experience. This report also included situations where people were voting for other people. The report concluded that this was an identity theft crime. A copy of this report was given to Sgt. Nimithkoune with the statement that when the 581 cases from DF are reviewed their report should look just like the Lake County Report. See attached “Specific and identified fraud in Lake County.”
In addition, I also gave Sgt.Nimithkoune several other reports, developed over the past 18 months, that show an enormous effort by some very bad people from both political parties to corrode and corrupt the voting system over a long time so that they can game the system to their political advantage at the expense of the general public. We now have a system with almost no controls that is essentially wide open to fraud. Our estimate of the fraud rate for the 2020 election is about 10%. This is based on a how Biden performed compared to Hillary, 150,000 man hours of canvassing by DefendFlorida, and numerous other reports such as the attached Lake County report.
Jurisdictions of Election Crimes in Florida law:
Refer to the attached “Jurisdictional Email from Huff to Gualtieri”. It is clear that the State Legislature wanted an all hands-on deck approach to the law enforcement of election crimes. The critical parts of the law are as follows:
1. The Sheriffs are still the first people called out in state law with responsibility to enforce election law. This responsibility is also clearly spelled out in the oath of office for the Sheriff.
2. The Secretary of State is empowered to conduct preliminary investigations. The word preliminary is used repeatedly. The legislature clearly meant something specific when they repeatedly used that word. The Secretary of State’s people are not sworn officers of the law. They cannot act and work the way that the sworn officers of the law in the Sheriff’s office can. Their primary responsibility is not law enforcement but to make sure that the system is working properly. This is the fundamental reason why Sgt.Nimithkoune’s transfer of your responsibility to enforce election crimes laws to the department of state is so dead wrong. You could also apply Sgt.Nimithkoune’s logic and transfer all election crimes enforcement to the FBI. Now that the FBI can no longer be trusted, how is that going to work out?
3. In creating the Office of Election Crimes and Security the legislature clearly stated that this new department was not intended to limit the jurisdiction of any other office or agency. This means that that there is no change in your responsibility to enforce election law as the result of the creating of this new agency:
97.022 Office of Election Crimes and Security; creation; purpose and duties.—
(6) This section does not limit the jurisdiction of any other office or agency of the state empowered by law to investigate, act upon, or dispose of alleged election law violations.
Note that Sgt. Nimithkoune left this item (6) out of her email.
Furthermore, this new agency is not really anything new. The governor has always had the power in state law to appoint special officers to enforce election laws. The only difference is that they now have a budget and a managerial staff. But, your responsibility to enforce the laws in your county has not changed.
Do you believe and support what the top law enforcement officers in the state are saying about election crimes?
Pete Antonacci: “It has been well known in political science circles that we have a problem with ineligible voters casting ballots in this state and nothing has been done about it until now. It is awfully unfair to the supporters of political candidates, the candidates, and the public at large that this sort of thing has been allowed to go on.”
Mark Glass to those considering committing election crimes: “Don’t do it!”
DeSantis said that the state election crimes office was his idea because he couldn’t get anyone to enforce the law.
Confirmation of your position as reported by Sgt. Nimithkoune:
You can’t refuse to take action by asserting that there is no voting fraud:
You can’t refuse to take action by asserting that there is no voting fraud because you have no idea how much fraud there is. This is basically true across the entire state but especially in Pinellas County. Why don’t you know how much fraud there is? Everyone says that there is always some fraud in any election. Well, how much is it? You don’t know and the reason you don’t know is because the only way to find out is to conduct audits. As far as I know, there are no meaningful or effective audits in Pinellas County. If the elections office were a normal business, there would be an audit every day until everyone was convinced that there was no corruption.
You can’t pass this off to the Supervisor of Elections:
One of the reports that I gave Sgt. Nimithkoune compares the performance of 24 counties across a series of metrics designed to measure how effective the Supervisors of Elections are in doing their job of maintaining the voter registration database, “Florida Voting System County Level Control Metrics.”
Here are a couple highlights for Pinellas:
It is strikingly clear that the Pinellas SOE feels no responsibility to adhere to the Postal Service requirements for delivering her mail. She evidently feels that the Postal Service should just figure out who the mail is supposed to go to. It is also clear that many other state laws are subject to interpretation in terms of how there are followed. Bottom line, you can’t shift the responsibility of stopping election crimes to your SOE because she can’t even get the addresses of the voters right.
You can’t pass this off to the Supervisor of Elections Association:
In Tallahassee I had several arguments with Wesley Wilcox’s lawyer for the SOE’s Association. Among other things, he said that we didn’t need to worry about people voting out of private mailboxes because these were just people traveling around the country in their RV’s. He said that people were refusing to give their apartment numbers when registering to vote because they didn’t want people to find out where they live. Bottom line, if there was a law or rule that would increase the amount of voting fraud, Wesley Wilcox’s lobbyist was in favor of it. If there was a law or rule that would decrease the amount of voting fraud, he was against it.
Furthermore, Wesley Wilcox is also refusing to follow the Postal Service requirements in Publication 28. For the secondary unit designators he uses “UNIT” for everything. You have a guy who can’t address his mail correctly running the Supervisor’s of Elections Association.
You can’t pass this off to the State Legislators because they are lawyers and politicians and many of them are only interested in protecting their jobs:
Refer to the “Closing Loopholes and Resolving Conflicts in the Florida Election Laws” that I gave to Sgt. Nimithkoune which clearly shows the type of changes that need to be made to the election laws to get the voting system to operate like a business.
Another way to think about this: How about if I get the criminal defense lawyers and the politicians they support to write the operations manual for the Pinellas County Sheriff’s Office? How would you like that?
You have to protect the people in your county from the vast amount of out-of-state money that is being used to corrupt the election process.
Florida is a bellwether state and it is likely that at some point DeSantis will be the President of the United Sates. There is an enormous amount of money coming into Florida from all over the World to stop DeSantis. These people don’t live in Florida and should have no say in our elections. Furthermore, a large amount of this money will be used to corrupt the system and steal the election. Don’t you feel at lease some responsibility to protect your voters, your citizens, from this blatant evil?
Losing the election system:
I want to point out again that what is at stake here is losing the election system by sending a clear message to the bad guys that election laws will NOT BE ENFORCED.
California Democrats in the State Assembly and State Senate have advanced legislation that would make the state a sanctuary where out-of-state parents can take their children to undergo sex change procedures. On Monday, the legislative body passed Senate Bill (SB) 107 along party lines, with all 19 Republican assemblymembers voting against it and 60 Democrats supporting it.
Do you want underaged children being castrated or having their breasts cut off in Florida? If we lose the election system, that is what we are going to get!
I urge you to take this issue deadly seriously and take every action you can to uphold your oath of office and to follow state law.
Distribution List Summary:
Office of the Attorney General
State of Florida
PL-01 The Capitol
Tallahassee, FL 32399-1050
Mark Glass, Acting Commissioner
Florida Department of Law Enforcement
P.O. Box 1489
Tallahassee, FL 32302-1489
Secretary of State
R.A. Gray Building
500 South Bronough Street
Tallahassee, Florida 32399
Office of Election Crimes
DIVISION OF ELECTIONS ·
500 South Bronough Street
Tallahassee, Florida 32399
The Honorable Governor Ron DeSantis
400 S. Monroe Street
Tallahassee, FL 32399-0001
Florida.Gop: 166 emails
Friendly Media 136
AFP A+ Senators: 14
AFP A+ House Members: 61
Florida Fair Elections Coalition: 42
County Voter Integrity and REC Groups 153