Former Republican lawmaker Frank Artiles was sentenced Monday to 60 days in prison and barred from engaging in political activity for his role in the shadow candidacy that flipped Key Biscayne’s state Senate seat in favor of a MAGA candidate.

The prison sentence and political ban were part of a five-year probationary sentence that includes 500 hours of community service during which Artiles, a former Marine, must counsel veterans. If Artiles meets the conditions of his probation, the adjudication will be denied – meaning he will not have a criminal record.

“Our politics is poisoned. We have become tribal,” said Miami-Dade Circuit Judge Miguel M de la O. “I think our tribal policy of poison has gotten the better of you, Mr. Artilles, and you have lost sight of the good and evil.

LEARN MORE: Mastermind of Miami-Dade ghost candidate faces 15 years in prison

The sentence was immediately suspended when Artiles’ lawyers announced they would appeal. And even though he is prohibited from consulting or engaging in any other political activity, Artiles can still vote.

Artiles served three terms in the Florida House and was elected to the Senate in 2016 before resigning after using racial slurs and other profanities against fellow lawmakers.

A the jury found Artiles guilty of three felonies on Sept. 30 for violating state election law regarding $44,000 payments he made to Alex Rodriguez, a no-party candidate in the state District 37 race.

At the time, Key Biscayne was represented by Democrat José Javier Rodriguez, who ended up losing by 32 votes. The shadow candidate garnered more than 6,000 votes and the winner was Republican challenger Ileana Garcia, a former WIOD radio employee who worked in the Trump administration.

The judge noted that on its face, running a ghost candidate was not illegal — but that facilitating that almost certainly required breaking state election law.

José Javier Rodriguez addressed the court, encouraging the judge to sentence Artiles to incarceration because a message needed to be sent to the “power brokers in Tallahassee who continue to use these corrupt schemes to maintain power.”

He said a flurry of letters were sent towards the end of the general election, deliberately confusing voters. The letters from the shadow candidate of the same last name took the same positions as the Democratic candidate on economic and climate issues.

Assistant Prosecutor Tim Vandergiesen asked the judge to sentence Artiles to three consecutive one-year terms for the three felony convictions.

But the judge noted that the ghost candidate, Alex Rodriguez, received probation, without trial. He testified against Artiles.

Defense lawyer Jose Quiñon said his client should not face a harsher sentence because of the broken political system, saying the source of the dark money could never be known – although Vandergiesen said it was assumed to be from Florida Power & Light.

“We have a convicted felon who is our president and we have other problems with the elections that just happened nationally,” Quiñon said. “But the remedy is not to defame him and make him (Artiles) the scapegoat for these societal failures.”

Artiles, his lawyers told the judge, did not choose to go to trial. The State Attorney’s Office never offered him a plea bargain. Artilles’ friends and family — including his wife, Amy — said the defendant was a devoted family man to his daughters.

The O judge highlighted Artiles’ military service and charitable works, saying it affected the length of the prison sentence he handed down.

Artiles declined to comment after the sentencing. The court heard testimony from a voter.

Donald Deresz taught in Miami-Dade County public schools for more than 30 years after serving in the military for four years.

“Well, he broke that sacred oath and brought shame to his fellow U.S. Marines,” Desersz said. “Simply put, (he’s) a liar and a cheat.”

Editor’s note: This version updates the sentence sought by the state’s attorney, the possible source of the dark money and comments from a constituent who testified.

This story originally appeared in the Key Biscayne Independent, a WLRN News partner.

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