To:  Melissa Nelson, State Attorney, 4th Judicial District, Jacksonville; Duval Legislative Delegation

Subject:  VOTER INTIMIDATION CANNOT BE TOLERATED!

We, the undersigned concerned citizens strongly urge the State Attorney’s Office to reconsider its decision to drop charges against the perpetrator of a violent, threatening attack against Harris campaign supporters on October 29, 2024, outside the Beaches Library early voting site.  This decision effectively sanctions the harassment and intimidation of citizens peacefully demonstrating their support for candidates and promoting voter engagement and voting. It invites the use of these tactics in future elections, endangering the well-being and First Amendment rights of candidates and their supporters across the political spectrum.

We also call upon members of the Duval Delegation to pursue a legislative remedy to strengthen legal protections for citizens demonstrating support for political candidates outside polling locations and enacting specific penalties for harassment and intimidation. 

The Facts:
●      According to Neptune Beach Police Chief Michael Key Jr., on October 29, 2024, a group of eight approached sign wavers at the Beaches Library early voting site and antagonized the “opposing political side. "

●      A member of the group “brandished a machete in an aggressive, threatening posture over his head” at two women ages 54 and 71, according to police.

●      The 71-year-old victim reported that the perpetrator approached her with the machete raised above his head in an intimidating manner, causing her to fear for her safety. The other victim, a 54-year-old woman standing next to the first victim, also expressed concern about being injured in the attack.

● Numerous citizens witnessed the threat and provided cell phone evidence, which the Neptune Beach Police Department subsequently presented during a press conference.

●      The perpetrator was arrested and charged with aggravated assault on a person 65 or older and improper exhibition of a dangerous weapon, according to records from the Jacksonville Sheriff’s Office. Additional charges of voter intimidation and suppression were later added.

●      Subsequently, a judge ordered the perpetrator to be released on bond and "outfitted with a GPS monitor, not to go within a thousand feet of a polling place... unless it is for the specific purpose of you’re [sic] casting a vote.”

●      Last week, the State Attorney’s Office for the 4th Judicial District filed a deposition declining to prosecute the perpetrator and dropping all charges.  "Although the . . . act was ill-advised and perhaps zealous, this ASA (Assistant State Attorney) does not believe that . . . actions rise to the level of Voter Intimidation," according to the deposition. Purportedly, the victims and police support the decision.

●      This decision runs counter to provisions in Florida law addressing voter intimidation, display of weapons, and election interference (Fla. Stat. § 104.0615(2), F.S. § 790.10, and § 104.0515(3)). The State Attorney’s Office dropped ALL charges, including aggravated assault on a person 65 years or older and the improper exhibition of a dangerous weapon both of which are serious acts against a citizen.

●      Voting rights organizations, including Common Cause Florida, Florida For All, NAACP Florida State Conference, All Voting Is Local, and League of Women Voters of Florida have lambasted the State Attorney General's decision to drop all charges and the precedent it sets.

Our Position:
The disposition of this case sends a message to all current and future agitators that there are no consequences for this type of harassing and intimidating behavior. We can’t help but wonder if this outcome would be the same if supporters of a different candidate had been threatened. Regardless of political leaning, this is not acceptable in a democracy!

In response, we urge

1.     The State Attorney’s Office to reconsider its decision to drop charges against the perpetrator of the attack at the Beaches Library early voting site, and

2.     Members of the Duval Legislative Delegation to seek and support legislation to protect citizens exercising their First Amendment rights in support of candidates at polling sites, with mandatory penalties for those who seek to abridge these rights.