Florida Election Law

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

A personal blog of

Ken Tinkler.

  

  

 

Copyright 2016 Ken Tinkler

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

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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.”

 

Florida Supreme Court decides on new Congressional District Map

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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.

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

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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:

 

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

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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:

Redistricting maps gain additional approvals

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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.

Florida Supreme Court approves 2nd Senate Redistricting Map

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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.”

Resources: 2012 Redistricting Cases

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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.

New Florida Supreme Court Election Law Case

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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?