Former Florida lawmaker Frank Artiles is seeking to overturn his criminal conviction related to a controversial “ghost” candidate scheme that influenced the 2020 Senate race in Miami-Dade County. On Wednesday, Artiles’ legal team filed an 82-page brief with the 3rd District Court of Appeal, arguing that the state law governing campaign contributions was applied in a manner that was unconstitutionally vague.
Artiles, a former member of both the Florida House and Senate, was convicted last year on charges of making excessive contributions, conspiracy to make excessive contributions, and false swearing. His prosecution stemmed from his involvement with Alex Rodriguez, an unaffiliated candidate who received 6,382 votes in the election for Senate District 37. Artiles allegedly recruited Rodriguez to enter the race to draw votes away from incumbent Jose Javier Rodriguez, a Democrat. Ultimately, Republican candidate Ileana Garcia won the seat by a slim margin of 32 votes.
In the appeal, Artiles’ attorneys contend that while having a “ghost” candidate is not illegal, the payments made to Rodriguez were improperly classified as campaign contributions. The brief asserts that some payments were legitimate business transactions and others were loans, including a $6,798 loan for Rodriguez’s daughter’s school tuition. The jury found some payments to be improper contributions, but the defense argues that the inconsistent verdicts highlight a lack of clarity in the law.
The brief states, “The jury’s arbitrary verdict demonstrates this constitutional defect: the jury found that loans from Mr. Artiles to Rodriguez were illegal ‘contributions,’ while simultaneously finding other financial transactions to be legitimate business deals.” This inconsistency raises questions about the legal standards used to determine what constitutes a campaign contribution, potentially violating due process rights.
Artiles’ legal team also claims that he was unfairly barred from presenting evidence during the trial that could have shown Rodriguez’s pattern of exploiting business partners and friends. The brief indicates that evidence of Rodriguez’s past behavior would have provided crucial context for understanding Artiles’ financial dealings with him, suggesting that they were not intended as campaign contributions.
Rodriguez began cooperating with prosecutors in December 2020 and later reached a plea agreement. His cooperation played a significant role in the prosecution of Artiles, who served in the Florida legislature from 2010 to 2016 before being elected to the Senate. He resigned from the Senate in 2017 amidst a scandal involving derogatory remarks about a fellow senator.
The outcome of this appeal could have significant implications for Artiles, as well as for the interpretation of campaign finance laws in Florida and beyond.
