County Commissioner John Tobia under investigation for alleged voter fraud

Brevard County Commissioner John Tobia is under investigation by the state for alleged voter fraud.

An executive order signed by Gov. Ron DeSantis Nov. 9, says that Tobia, who is also a candidate for Supervisor of Elections, is under investigation for "allegations of criminal use of personal identification information and improper voter registration."

The order didn't offer any specifics about the alleged wrongdoing, which were reported to the governor's office by Phil Archer, the state attorney for Brevard and Seminole counties.

The order assigned the investigation to R.J. Larizza, the state attorney for the 7th Judicial Circuit, which includes Volusia, Flagler, St. Johns and Putnam counties. Cases involving elected officials often are assigned to different judicial districts to avoid possible conflicts of interest.

"I'm thankful our governor takes allegations seriously and ensures they are investigated fully," Tobia wrote in a statement to FLORIDA TODAY. "However, this is the third time an opponent or supporter of an opponent, has levied similar claims. Each time an independent body has found no merit as they have been politically motivated. This time is no different and I'm confident in a positive outcome. I will continue to fight to save our taxpayers money no matter how many elected officials get upset."

More: County Commissioner Tobia running for Brevard supervisor of elections in 2024

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It was not immediately clear what the other two incidents were that Tobia referred to.

In an Oct. 24 email from Archer asking the governor to reassign the case, Archer said he learned of the investigation from the Florida Department of Law Enforcement. While the letter did not mention Tobia by name, it indicated that the person under investigation was a sitting county commissioner.

Archer said, when he initially was notified of the investigation, he assigned an attorney in his Seminole County office to assist the FDLE in its investigation "and to avoid any potential conflict." That attorney helped the department issue some subpoenas for records requested during the investigation, but has not participated in any witness interviews or obtained other evidence in the investigation.

But the email added that "some recent developments" made it apparent that a different state attorney should handle the investigation since as commissioner, Tobia plays a role in setting the budget for Archer's office.

The email didn't specify what the "recent developments" were.

Brevard County Commission Chair Jason Steele said he was unaware of the allegations against Tobia until hearing about them on Thursday.

"It came as a complete surprise to me that he is under investigation for anything," Steele said. "I just don't have a clue about what any of this stuff is about."

Steele said his relationship with Tobia "has been excellent" on the County Commission.

Steele said he did not believe the investigation would have any bearing on Tobia's current role as a county commissioner.

"People are innocent until proven guilty," Steele said.

Election fraud allegations being closely watched

Election experts agree that widespread voter fraud is exceeding rare. But after former President Donald Trump attributed his failed 2020 election bid to such fraud, the issue became a major bugaboo for many Republicans.

Last year, DeSantis and the GOP-dominated Legislature created a special state law-enforcement agency to investigate voter fraud. Since then, it has charged only a handful of people with breaking election laws. Those cases have all been for minor matters such as former felons voting without having first paying court costs associated with their convictions.

Tobia seeking elections office

Tobia is running for supervisor of elections in an Aug. 20 GOP primary against Republican Tim Bobanic, who was appointed to the post in September 2022 by Florida Gov. Ron DeSantis, succeeding Republican Lori Scott, who resigned after nearly 14 years in that position.

Bobanic has worked for the Brevard County Supervisor of Elections Office since February 2013. Before that, he was director of information services for the Hillsborough County Supervisor of Elections Office from April 2009 to February 2013.

There are no announced Democratic candidates so far for supervisor of elections.

Supervisor of Elections Tim Bobanic said Thursday that his office was cooperating with state authorities as they continued their investigation voter fraud claims levied against his rival in next year's election.

"For our office, election integrity is paramount to what we do. It's our job to prevent voter fraud and cooperate with any investigation into claims of voter fraud," he said.

So far, Bobanic said, his office has complied with subpoenas for records requests issued by the FDLE as part of their investigation but is not carrying out an investigation itself.

"It's a sad commentary when there is an investigation of voter fraud involving a sitting county commissioner and somebody seeking to hold this office," Bobanic said.

He added that neither he nor anyone involved in his political campaign had instigated the investigation or had any prior knowledge of the allegations against Tobia.

Aubrey Jewett, associate professor of political science at the University of Central Florida, said Tobia facing allegations involving improper voter registration "is not a great way to start your campaign" for supervisor of elections.

"There's some irony there," said Jewett, who also is assistant director of UCF's School of Politics, Security and International Affairs. "The average voter would want someone who has a squeaky-clean record" overseeing elections.

"Having charges over your head is a challenging political environment," Jewett said, adding that candidates instead would want to focus on why they are a better choice than other candidates who are running for the same office.

But Jewett noted that "allegations are one thing," and do not mean there was actual wrongdoing or even that formal charges would be filed.

Based on allegations listed in the governor's executive order, Jewett said, it is possible that the matter involves a residency issue of Tobia not living in the County Commission district he represents.

Jewett said such residency allegations are relatively common in Florida politics, but that "a lot of times, it doesn't seem like much happens with a lot of these cases."

Jewett said there always is the possibility that the allegations were brought by a political enemy of Tobia.

Regardless of whether the allegations are true, Jewett said, it puts a candidate "on their heels" in gaining momentum for the candidate's campaign.

Tobia, a Republican, is completing his second four-year term as county commissioner in District 3. His district includes Grant-Valkaria and Malabar; part of Melbourne, Melbourne Beach, Palm Bay and West Melbourne; and part of unincorporated South Brevard.

Tobia's term ends in November 2024, and he could not seek reelection as a commissioner because of term limits.

He previously served in the Florida House of Representatives from 2008 to 2016, when term limits prevented him from seeking reelection to that office.

FLORIDA TODAY staffers Dave Berman, Tyler Vazquez and John McCarthy contributed to this report.

Contact Berman at [email protected], on X at @bydaveberman and on Facebook at www.facebook.com/dave.berman.54

This article originally appeared on Florida Today: County Commissioner John Tobia under investigation for voter fraud.