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

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

And just in case…

November 4, 2014 By Ken Tinkler

The Florida recount procedures summaries – courtesy of the Tampa Bay Times.

  • Recount plan ‘one-pager’
  • Recount procedure summary

Filed Under: State Law and Opinions

Early voting locations

October 31, 2014 By Ken Tinkler

With reports of potentially record early voting, remember that each County decides the hours and days of early voting this weekend, so be sure to verify your local hours and location before making plans for voting this weekend.

Filed Under: News

Online election results

August 26, 2014 By Ken Tinkler

The State database of election results will be online at this site.  In addition, each County Supervisor of Elections will post their local results on their websites.

Filed Under: News

Vote!

August 26, 2014 By Ken Tinkler

imagesCALSDEO3

Today is the Primary Election in Florida – even if you are not registered with a party, there are probably judicial (and maybe other) races on the ballot for you.  Don’t know where your precinct is?  Use the State’s voter registration tool to look it up or check on your absentee ballot.

Filed Under: News

Early voting locations

August 15, 2014 By Ken Tinkler

Depending on the county in which you live, early voting has either begun or is about to begin for the August 26, 2014 Primary Election.  The Division of Elections has published a list of all early voting sites in Florida – be sure to check the days and times available, as each county supervisor of elections was given discretion by this language in Section 101.657, Florida Statutes:

(d) Early voting shall begin on the 10th day before an election that contains state or federal races and end on the 3rd day before the election, and shall be provided for no less than 8 hours and no more than 12 hours per day at each site during the applicable period. In addition, early voting may be offered at the discretion of the supervisor of elections on the 15th, 14th, 13th, 12th, 11th, or 2nd day before an election that contains state or federal races for at least 8 hours per day, but not more than 12 hours per day. The supervisor of elections may provide early voting for elections that are not held in conjunction with a state or federal election. However, the supervisor has the discretion to determine the hours of operation of early voting sites in those elections.

Filed Under: State Law and Opinions

New districts adopted – litigation continues

August 14, 2014 By Ken Tinkler

Here is a link to the Senate analysis of the newly adopted Congressional districts for Florida, including maps of the before and after the changes.

new districts

 

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

Court finds Florida Congressional Redistricting Map to be Unconstitutional

July 11, 2014 By Ken Tinkler

A Leon County Circuit Court judge issued a final judgment in the cases of Romo v. Detzner & Bondi and The League of Women Voters of Florida, et al. v. Detzner finding “that districts 5 and 10 were drawn in contravention of the constitutional mandates of Article III, Section 20, thus making the redistricting map unconstitutional as drawn.”

The extensive docket of the case is online, you will likely need to scroll down to “2012 CA 000412: Romo, Rene vs Scott, Rick.”

The map of District 5 is highlighted below:

District 5

 

The map of District 10 is highlighted below:

District 10

The maps are published online by the Florida Senate.

The provisions of the Florida Constitution at issue were Article III, Sections 20 and 21, related to redistricting.

  • New York Times article
  • Tampa Bay Times article – reaction from the District 5 officeholder
  • Miami Herald article
  • POLITICO article

 

Filed Under: Federal cases in Florida, Local Cases, State Law and Opinions

The Florida Handbook now online

June 17, 2014 By Ken Tinkler

Not strictly an election law matter, but if you’re interested in this blog, you’ll also be interested in reading The Florida Handbook.  This publication has been arround since 1947 and is published by the Clerk of the Florida House.

Filed Under: News, State Law and Opinions

“Project Integrity” or Voter Purge? State begins new voter roll review effort.

October 3, 2013 By Ken Tinkler

The Secretary of State today begins a series of roundtable discussions with local supervisors of elections related to the State’s plan to renew efforts to systematically remove individuals from the voting roles that the State believes are non-citizens – an effort that the State has labeled “Project Integrity.”  Past efforts by the State were led to controversary over the accuracy of the State’s data and lists of voters and were challenged in part under the section of the Voting Rights Act since deemed unconstitutional by the Supreme Court in Shelby County, Alabama, v. Holder.  (See the recent dismissal of the prior action, published online by The Lawyers Committee for Civil Rights Under Law) 

Stories from Time Magazine and the Tampa Bay Times provide background on the issue, while a News-Press story highlights the concerns of local supervisors of elections. 

In their press release, the State provides this schedule of meetings:

  •  October 3rd, Bay County Area Supervisor Roundtable, 1:00 PM CST 830 West 11th Street, Panama City 32401
  • October 4th, Duval County Area Supervisor Roundtable, 11:00 AM EST 105 East Monroe Street, Jacksonville 32202
  • October 7th, Orange County Area Supervisor Roundtable, 1:00 PM EST 119 West Kaley Street, Orlando 32806
  • October 8th, Sarasota County Area Supervisor Roundtable, 10:00 AM EST 101 S. Washington Blvd., Sarasota 34236
  • October 9th, Broward County Area Supervisor Roundtable, 10:30 AM EST 115 S. Andrews Ave., Fort Lauderdale 33301

Filed Under: Uncategorized

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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.