Morales campaign says complaint filed before separate defamation lawsuit asks state investigators to examine disputed statements, candidate-approved political mailer and $50,000 in PAC contributions days before HD 43 Democratic primary

ORLANDO, Fla. (FNN) — Former Florida state Rep. Daisy Morales has asked the Florida Elections Commission to investigate whether Democratic primary opponent Samuel Vilchez Santiago committed possible election law violations involving allegedly false statements about Morales and disputed political communications sent to House District 43 voters, according to the Morales campaign.

The Morales campaign said the election-law complaint was filed before Morales subsequently filed a separate defamation lawsuit against Vilchez Santiago and the Florida House Democratic Campaign Committee.

The state election complaint seeks an independent investigation into three disputed representations about Morales: that she was “expelled from the Democratic Party,” “endorsed Republicans” and sided with or supported “MAGA Republicans.”

Morales disputes those representations.

With the Aug. 18 Democratic primary three days away, the campaign says the timing makes preservation of evidence and an independent review particularly important because the disputed communications allegedly reached voters while ballots were being cast.

“The people of House District 43 deserve the truth before they cast their votes,” Morales said. “I am asking the Florida Elections Commission to independently examine the evidence, determine what my opponent knew and when he knew it, and determine whether Florida election law was violated.”

STATE INVESTIGATION: FOLLOW THE FACTS

A central question raised by the complaint is whether Morales was formally and validly expelled from the Democratic Party, according to her campaign.

Rather than relying on competing political accounts, Morales wants state investigators to examine underlying records, including applicable party bylaws, written charges, notices, meeting agendas and minutes, voting records, resolutions, correspondence, appeals and state-party records.

The complaint asks investigators to determine who initiated any disciplinary action, what authority governed it, whether required procedures were followed, whether a vote occurred and whether a final expulsion was actually entered, the campaign said.

“If I was properly expelled, produce the records,” Morales said. “Show the charges, show the notice, show the authority, show the vote and show the final action.”

The complaint also asks investigators to determine whether Vilchez Santiago or others possessed information contradicting the expulsion representation before it was communicated to voters.

CANDIDATE-APPROVED MAILER RAISES QUESTIONS ABOUT KNOWLEDGE

The Morales campaign said another significant issue is a challenged political mailer indicating that it was approved by Vilchez Santiago.

Morales wants investigators to determine what Vilchez Santiago reviewed before approval, what documentation supported the disputed statements, whether contrary information was available and whether corrections were sought before the communication was distributed.

“When a mailer says it was approved by my opponent, that creates important questions that an independent investigation can answer,” Morales said. “What exactly did he approve? What evidence did he review? What did he know about the disputed statements before approving them?”

The Morales campaign acknowledges that proving a statement false would not, by itself, establish a violation under the statute cited in the complaint. The investigation would also have to examine evidence concerning the required actual-malice standard, including what Vilchez Santiago allegedly knew when a statement was made or caused to be made.

FOLLOW THE MONEY: $50,000 IN PAC CONTRIBUTIONS

The complaint also asks state investigators to examine reported $50,000 in contributions from Central Floridians for Change PAC to the Florida House Democratic Campaign Committee, according to the Morales campaign.

The campaign expressly says the contributions themselves are not being presented as evidence of wrongdoing.

Instead, Morales wants investigators to examine campaign-finance reports, expenditures and communications to determine whether records establish any connection between the money and the development, production or distribution of the challenged political communications.

“I am not asking investigators to assume that a political contribution was illegal,” Morales said. “Follow the money, follow the communications and follow the approvals. If there is no connection, the evidence will show that. If there is a connection, determine what it was and whether it has any significance under Florida election law.”

According to the campaign, the complaint also requests review of any independently supported issues under Chapter 106, Florida Statutes, including campaign-finance reporting, political advertising, expenditures and committee activity.

WHY THE FLORIDA ELECTIONS COMMISSION?

The Morales campaign said the complaint principally invokes Section 104.271(2), Florida Statutes, which addresses false statements made by candidates about opposing candidates during an election.

Under the provision cited by the campaign, an aggrieved candidate may file a complaint with the Florida Elections Commission alleging that an opposing candidate, with actual malice, made or caused to be made a false statement about that candidate.

The statute provides for an expedited hearing process and authorizes a civil penalty of up to $5,000 if a violation is established.

Morales’ complaint also asks investigators to consider other provisions of Florida election law if evidence independently supports additional violations, according to her campaign.

“I am not asking the Commission to punish ordinary political criticism,” Morales said. “Candidates can criticize each other’s records, votes and positions. My complaint asks a different question: Were false factual statements knowingly made or caused to be made about an opposing candidate to influence voters?”

PRESERVE THE EVIDENCE

With the election approaching, the Morales campaign says investigators should preserve and examine records capable of establishing who developed the disputed statements, who approved them and what they knew before those statements reached voters.

The requested evidence includes emails, text messages, campaign and political committee communications, mailer drafts and proofs, source materials, approval records, invoices, contracts, expenditure records, vendor communications, mailing records and party disciplinary documents.

“The election may be over in days, but the responsibility to preserve evidence does not end on Election Day,” Morales said. “The records should be protected now so investigators can establish what happened.”

ELECTION COMPLAINT CAME BEFORE DEFAMATION LAWSUIT

The Morales campaign emphasized that the Florida Elections Commission complaint was filed before the separate civil defamation lawsuit against Vilchez Santiago and the Florida House Democratic Campaign Committee.

The proceedings seek different legal determinations.

The election complaint asks state election authorities to determine whether conduct involving the disputed campaign statements violated Florida election law.

The defamation lawsuit separately asks a state court to determine whether allegedly defamatory statements caused legally actionable harm to Morales.

“The sequence matters,” Morales said. “I first sought an independent election-law investigation because these statements were being used during an active election. The lawsuit followed because the same alleged conduct raises separate civil questions involving my name and reputation.”

“These are two different legal processes,” Morales added. “The Elections Commission should determine whether election law was violated. The court should determine the civil claims before it. Both should make their decisions from evidence, not politics.”

‘LET THE EVIDENCE DETERMINE WHAT HAPPENED’

Morales said she wants investigators to make findings based on documentary evidence rather than competing campaign allegations.

“Preserve the records. Produce the documents. Follow the money. Determine who developed the statements, who approved them and what they knew before those statements reached voters,” Morales said.

“This election belongs to the voters,” she added. “Give them the facts and let independent institutions do their jobs.”

According to the Morales campaign, the complaint asks the Florida Elections Commission to determine legal sufficiency, investigate the alleged conduct, examine relevant communications and financial transactions, determine what participants knew and when, and impose any authorized penalties or make appropriate referrals if warranted by the evidence.

The allegations remain subject to investigation and adjudication. No finding that Samuel Vilchez Santiago, the Florida House Democratic Campaign Committee, Central Floridians for Change or any other person or entity violated Florida election law is asserted in this article.