Florida Election Law

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A personal blog of

Ken Tinkler.

  

  

 

Copyright 2016 Ken Tinkler

New Florida Supreme Court Election Law Case

February 12, 2010 By Ken Tinkler

A new Florida Supreme Court case has been published: Sarasota Alliance For Fair Elections, Inc., Etc., Et Al. v. Kurt S. Browning, Etc., Et Al.   Beyond the question of whether you can pass a charter amendment regarding voting machines, what I found very interesting was the holding that the field of elections law had not been preempted by the Florida Legislature through the Florida Election Code.  In 2007, the 2nd District Court of Appeal had held that the Election Code impliedly preempts the SAFE amendment given the Election Code’s pervasive regulatory scheme and the public policy mandate for uniformity.”  Uniformity in elections has been a heavily disputed topic before and after the 2000 election.  If the Election Code is not a specific or implied preemption of authority, will this spark new interest in local elections regulations and other charter amendments?

Filed Under: Florida Supreme Court

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