Who is Patty Cummings? Governor suspends Cape Coral city councilwoman after arrest

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Gov. Ron DeSantis has suspended Cape Coral Councilwoman Patty Cummings three days after an arrest warrant revealed possible election fraud.

The State Attorney’s Office charged Cummings with three third-degree felonies related to the 2022 election. The state attorney issued an arrest warrant Monday, Nov. 13, after it was approved by a judge.

Why did Patty Cummings get arrested?

Cummings faces charges of fraudulent application for a driver's license and two counts of false swearing in connection with or arising out of voting or elections. A third-degree felony carries up to five years in prison and or up to $5,000 in fines.

Cummings turned herself in at the Lee County Jail on Tuesday afternoon, the State Attorney's Office said in a release.

According to Lee County Jail records, Cummings posted bond of $7,500 and was released about 5 p.m. Tuesday, seeing only four hours total in jail. She's next due in court Dec. 18.

Here's what to know about the councilmember and her background leading up to the charges:

Breaking news report: Florida state attorney charges Cape Coral Councilmember Patty Cummings with 3 felonies

The State Attorney's Office charged Cape Coral City Councilmember Patty Cummings with three third-degree felonies related to the 2022 election.
The State Attorney's Office charged Cape Coral City Councilmember Patty Cummings with three third-degree felonies related to the 2022 election.

DeSantis suspended Cummings from Cape Coral Council

DeSantis signed an executive order Thursday, Nov. 16 suspending Cummings from her position as city councilwoman of Cape Coral.

In the executive order from DeSantis, he says that he "may suspend from office any elected municipal officer who is indicted or informed against for the commission of a federal felony or misdemeanor or state felony or misdemeanor." The order is in effect until DeSantis rescinds it.

Cummings moved to Cape Coral from Illinois, starting bungee workout system

Cummings, 52, moved to Cape Coral from Peoria, Illinois, in 2014. In past News-Press interviews, she said she was raised on an Illinois farm, so she had the balance of both country and city to her background.

Cummings opened up "Branded Astro Durance" in Cape Coral in 2017, located at 324 W. Nicholas Parkway, Unit E. Her patented bungee cord fitness devices were launched worldwide the following year from the confines of her two-room P2 Personal Training workout studio.

“I came up with Astro Durance because you feel like you’re an astronaut in the bungee,” Cummings said to the News-Press in 2018.

Is Patty Cummings registered Republican? 'True conservative' was in Washington during insurrection

Cape Coral council member Patty Cummings participates in the council meeting at City Hall Wednesday, Nov. 15, 2023. After an ongoing investigation by the State AttorneyÕs Office Cummings turned herself in to authorities on Tuesday, Nov. 14, 2023 after being charged with three felonies.
Cape Coral council member Patty Cummings participates in the council meeting at City Hall Wednesday, Nov. 15, 2023. After an ongoing investigation by the State AttorneyÕs Office Cummings turned herself in to authorities on Tuesday, Nov. 14, 2023 after being charged with three felonies.

According to her campaign website, she declares that, "I have been a true conservative my whole life."

Cummings has previously aligned herself with former President Donald Trump, joining controversial Collier County business owner Alfie Oakes and 100 other Southwest Florida conservatives for a pro-Trump rally on Jan. 6, 2021.

On Jan. 6, a pro-Trump mob attempted to keep former president Donald Trump in power by preventing a joint session of Congress from counting the Electoral College votes to formalize the presidential victory of President-elect Joe Biden.

From left to right, Aaron Bathory, Nick Collins, and Patty Cummings pose for a photo in a parking lot across from Oakes Farms Seed to Table Market in North Naples after returning from Washington, D.C., on Thursday, Jan. 7, 2021.
From left to right, Aaron Bathory, Nick Collins, and Patty Cummings pose for a photo in a parking lot across from Oakes Farms Seed to Table Market in North Naples after returning from Washington, D.C., on Thursday, Jan. 7, 2021.

Reports say that Cummings did not participate in the U.S. Capitol riots.

“It was a great turnout, and everyone was great and supportive,” Cummings said to the Naples Daily News in 2021. “Unfortunately, the ending didn’t turn out so well.”

Cummings sued Florida, DeSantis over gym closure during pandemic

Her relationship with DeSantis has been more rocky. In May of 2020, Cummings sued the state of Florida, DeSantis and Lee County for shutting down her business without providing restitution.

Gyms and fitness centers closed March 20, 2020, when DeSantis issued executive order 20-71 because of rising COVID-19 cases.

The lawsuit was filed the day before DeSantis announced that fitness centers and gyms would be allowed to reopen on Monday, May 15. Cummings still went through with the lawsuit with Tampa lawyer Jay Lechner.

On Aug. 19, 2020, DeSantis's motion to dismiss Cummings' complaint was granted.

She was elected to the Cape Coral council in 2022

In November 2022, Cummings unseated incumbent Jennifer Nelson for District 4 with 28,380 votes, or 50.89 percent, compared to the 27,382 votes, or 49.11 percent, for Nelson.

Cape Coral's District 4 sits between Veterans Memorial Parkway and Cape Coral Parkway.

In less than a year, she took part in major votes for the city, such as ousting former Cape Coral City Manager Rob Hernandez and making motion to remove former Budget Review Committee chairman Tom Shadrach after citing misinformation from the committee.

An anonymous letter tipped state investigators to allegations of Cummings' election fraud

Cape Coral City Council discuss the allegations made against Patty Cummings. March 15, 2023.
Cape Coral City Council discuss the allegations made against Patty Cummings. March 15, 2023.

How did this investigation even start? It began when an anonymous letter sent to DeSantis in March 2023 that claimed Cummings had violated the city charter and falsified her election qualifications regarding her residency.

According to past News-Press reports, the letter claimed that Cummings never legally resided in the home that she listed at the time of her qualification and that she was still not living in the district she represented.

The letter prompted the city to hire investigator Vicki L. Sproat, an attorney with Boy Agnew Potanovic Miller of Fort Myers. The investigator found in June that Cummings was neither a full- nor part-time resident of the district she represents when she ran, won her seat, and was sworn in as an official.

After a 7-1 vote in June, the Cape Coral City Council turned the investigation over to the state attorney's office for further review and a possible follow-up.

Cummings has consistently denied the claims since March and hired Lechner again to represent her. Lechner filed for a “writ of prohibition” on July 13 to prohibit the further review of her election qualifications.

What Patty Cummings is saying?

Cape Coral council member Patty Cummings makes her way to City Hall to participate in the council meeting Wednesday, Nov. 15, 2023. After an ongoing investigation by the State AttorneyÕs Office Cummings turned herself in to authorities on Tuesday, Nov. 14, 2023 after being charged with three felonies.
Cape Coral council member Patty Cummings makes her way to City Hall to participate in the council meeting Wednesday, Nov. 15, 2023. After an ongoing investigation by the State AttorneyÕs Office Cummings turned herself in to authorities on Tuesday, Nov. 14, 2023 after being charged with three felonies.

On Wednesday Cummings said in a news conference she would continue to serve.

"I have no intention of stepping down," Cummings said. She wasn't immediately available for comment Thursday.

What is the Cape Coral Mayor saying?

Cape Coral Mayor John Gunter hosts a media conference in his office Tuesday evening, Nov. 14, 2023, to discuss the arrest of councilmember Patty Cummings. After an ongoing investigation by the State AttorneyÕs Office Cummings was charged with three felonies. She turned herself in to authorities earlier in the day.
Cape Coral Mayor John Gunter hosts a media conference in his office Tuesday evening, Nov. 14, 2023, to discuss the arrest of councilmember Patty Cummings. After an ongoing investigation by the State AttorneyÕs Office Cummings was charged with three felonies. She turned herself in to authorities earlier in the day.

Cape Coral Mayor John Gunter, who has not spoken to Cummings nor the governor, said he agrees with the governor's decision to suspend Cummings.

“It’s unfortunate this type of incident has happened, but the legal process will play out and the City Council will move forward to make sure that we’re protecting the best interests of our community," Gunter said at a press conference Thursday night.

He said the council will meet on Friday in council chambers at City Hall, 1015 Cultural Park Blvd., to discuss next steps. The council will choose either to hold a special election or appoint someone to the role.

What are Cape Coral councilmembers saying?

The news earned mixed reactions from the Cape Coral council on Thursday.

Councilmember Robert Welsh said now the city can move forward and bring representation to the vacant seat. Welsh motioned in June to to charge Cummings with conducts constituting grounds for forfeiture of office, which failed with a vote of 6-2.

Councilman Tom Hayden said "It's a sad day for Cape Coral," upon learning the news, adding wants the council to appoint someone to the seat.

"We need to move on with the business in the city," Hayden said. "A special election would be incredibly costly."

This article originally appeared on Fort Myers News-Press: DeSantis suspends Patty Cummings from Cape Coral council after arrest