Florida Election Law

The latest in Florida Election Law issues, cases, legislation, and news.

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A personal blog of

Ken Tinkler.

  

  

 

Copyright 2016 Ken Tinkler

Florida Supreme Court affirms 4th DCA ruling declaring F.S. 99.0615 invalid

February 4, 2016 By Ken Tinkler

In Jennifer Brinkmann v. Tyron Francois, etc., et al., the Florida Supreme Court affirmed the Fourth District Court of Appeal’s prior ruling declaring F.S. 99.0615 invalid.  The statute provided:

F.S. 99.0615 Write-in candidate residency requirements.—At the time of qualification, all write-in candidates must reside within the district represented by the office sought.

The Court found the statute to be facially unconstitutional because it directly conflicted with the Florida Constitution’s requirement that requires residency in a particular district at the time of election, not at qualification.  The Court went on to determine that write-in candidates are considered to be “opposition” under Flordia’s election laws, meaning the presence of a write-in candidate will continue to result in the closing of a primary election to only those who are members of that political party.

In an interesting paragraph, the Court turned to the dictionary to define the term “opposition”:

“According to dictionary definitions, “opposition” meant “a position confronting another or placing in contrast; that which is or furnishes an obstacle to some result.” Black’s Law Dictionary, 1093 (6th ed. 1990). It was also defined as an “act of opposing,” a “hostile or contrary action or condition,” and “something that opposes,” or “a political party opposing and prepared to replace the party in power.” Merriam-Webster’s Collegiate Dictionary 816 (10th ed. 1998). The act of “opposing” was “appli[cable] to any conflict” and synonymous with “set[ting] oneself against someone or something.” Id. Conversely, someone or something was “opposed” if he, she, or it was “set or placed in opposition.” Id. Additionally, an “opponent” was “one that takes an opposite position (as in a debate, contest, or conflict).” Id. at 815.”

 

Filed Under: Florida Supreme Court, Local Cases

Florida Supreme Court decides on new Congressional District Map

December 3, 2015 By Ken Tinkler

Supreme Court map

With the eighth opinion since the adoption of the Fair Districts Amendment to the Florida Constitution, the Florida Supreme Court approved the above Congressional Redistricting Plan for the 2016 elections and beyond.  The map approved was the trial court’s choice – map CP-1 – proposed by the Coalition Plaintiffs who had challenged the Legislature’s redistricting plans.

Filed Under: Florida Supreme Court

Williams-Yulee v. Florida Bar audio posted

January 23, 2015 By Ken Tinkler

The Supreme Court has posted the audio files for the Williams-Yulee v. Florida Bar case at this site.

Filed Under: Federal cases in Florida, Florida Supreme Court, State Law and Opinions, Supreme Court

Williams-Yulee v. Florida Bar heard by U.S. Supreme Court

January 21, 2015 By Ken Tinkler

The audio recording of the argument in Williams-Yulee v. Florida Bar, regarding whether Florida’s rule of judicial conduct that prohibits candidates for judicial office from personally soliciting campaign funds violates the First Amendment, won’t be posted until the end of the week, but SCOTUSblog has two pieces that provide insight into the proceedings:

  • Argument analysis: Running for a court seat, tin cup in hand?
  • Justices debate limits on solicitations by judges: In Plain English

 

Filed Under: Federal cases in Florida, Florida Supreme Court, State Law and Opinions, Supreme Court

U.S. Supreme Court to hear case on campaign fundraising limits imposed on Florida judicial candidates

January 16, 2015 By Ken Tinkler

On Tuesday, January 20, 2015, the United State Supreme Court will consider, in the case of WILLIAMS-YULEE V. FLORIDA BAR, whether Florida’s rule of judicial conduct that prohibits candidates for judicial office from personally soliciting campaign funds violates the First Amendment to the United States Constitution.

On May 1, 2014, the Florida Supreme Court approved a referee’s findings of fact and recommendation that a judicial candidate be found guilty of violating Rule Regulating the Florida Bar 4-8.2(b) (Judicial and Legal Officials, Candidates for Judicial Office; Code of Judicial Conduct Applies) for personally soliciting campaign contributions in violation of Canon 7C(1) of the Florida Code of Judicial Conduct and rejected the judicial candidate’s constitutional challenge to the ban imposed by Canon 7C(1) on a judicial candidate’s personal solicitation of campaign contributions.  The Florida Supreme Court held that the Florida Judicial Canon is constitutional because it promotes the State’s compelling interests in preserving the integrity of the judiciary and maintaining the public’s confidence in an impartial judiciary, and that it is narrowly tailored to effectuate those interests.  This case dates back to a 2009 fundraising letter that was signed by the judicial candidate.

Florida’s rules for judicial elections prohibit judges from personally soliciting campaign funds and instead permit judicial candidates to establish committees to make such solicitations.

Coverage and commentary on the case:

  • SCOTUSBlog case page, including copies of the briefs filed.
  • Washington Post story
  • A Minor Measure with Major Benefits before the Supreme Court? – blog post by Bob Bauer
  • Florida’s Ban on Direct Solicitation Has Significant Implications for Due Process – blog post by Kate Berry

Filed Under: Federal cases in Florida, Florida Supreme Court, Supreme Court

Redistricting maps gain additional approvals

May 1, 2012 By Ken Tinkler

Per the Palm Beach Post and other sources – the U.S. Department of Justice precleared Florida’s redistricting efforts (State and Federal) under Section 5 of the Federal Civil Rights Act.  The submitals for preclerance are online at the State’s Redistricting website.  In Leon County (Tallahassee) Circuit Court, a judge also denied Motions for Summary Judgment tied to other challenges of the State’s redistricting maps.

Filed Under: Florida Supreme Court, News, State Law and Opinions, Voting Rights Act

Florida Supreme Court approves 2nd Senate Redistricting Map

April 27, 2012 By Ken Tinkler

The Florida Supreme Court today, in an opinion, approved the Florida Senate’s second attempt at a redistricting map. 

“In the prior proceeding, this Court directed the Legislature to adopt a new joint resolution of legislative apportionment conforming to the judgment of the Court. Pursuant to this Court‘s directive, the Legislature adopted a revised Senate apportionment plan that sought to remedy the constitutional infirmities apparent on the face of the invalidated Senate plan. In this proceeding, we conclude that the opponents have failed to demonstrate that the revised Senate plan as a whole or with respect to any individual district violates Florida‘s constitutional requirements. Therefore, pursuant to article III, section 16(c), of the Florida Constitution, the Court enters this declaratory judgment declaring the revised Senate apportionment plan as contained in Senate Joint Resolution 2-B to be constitutionally valid under the Florida Constitution.  No motion for rehearing shall be entertained. This case is final.  It is so ordered.”

Filed Under: Florida Supreme Court, News, State Law and Opinions

Resources: 2012 Redistricting Cases

April 16, 2012 By Ken Tinkler

The Florida Supreme Court has posted their docket for the 2012 Florida Senate Redistricting case.  The Leon County Clerk of the Court has also posted documents from the challenges to the state’s redistricting process for congressional seats.  As reported by the AP (via News-Press), hearings will be held this week on both topics.

Filed Under: Federal cases in Florida, Florida Supreme Court, State Law and Opinions, Uncategorized

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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This is a personal web site offering commentary, not legal advice.  This blog should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information purposes only.  The publication of this blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship.