The Resolution of Election Disputes: Legal Principles that Control Election Challenges
736 A.2d 104
772
250So.2d
Conn.1240
241, 736 A.2d 104, 137 Ed. Law Rep. 1019
772
So.2d
1240,
25 Fla.
L. 736
Weekly
(Cite as: 250 Conn.
241,
A.2dS1102
104)
(Cite as: 772 So.2d 1240)
of Connecticut.
Tallahassee,Supreme
Florida, Court
on behalf
of George W. Bush;
StevenWest
BORTNER
and Leonard Berger,
Palm Beach, Florida;
v. A. Pohl, Fort LauderBruce Rogow and Beverly
TOWN
OF
WOODBRIDGE
et al.Jr., West
dale, Florida; and Robert M. Montgomery,
No.on16114.
Palm Beach, Florida,
behalf of Palm Beach
County Canvassing Board, and Theresa Lepore, SuArgued June
11, 1999. in Case No.
pervisor of Elections,
for Appellees
Decided
Aug.
17, 1999.
SC00-2373.
Unsuccessful
write-in
candidate
for P.A.,
elementary
Michelle
G. Trca
of Michelle
G. Trca,
Fort
board
of
education
brought
action
against
reLauderdale, Florida; and Charles Frederick town,
Chester
gistrars
of
voters,
and
successful
candidates,
chalof the Law Offices of Charles F. Chester, Washinglenging
results based
onNo.
alleged
voting maton,
D.C.,election
for Appellants
in Case
SC00-2376.
chine malfunctions. The Superior Court, Judicial
District of
New Haven,
Pittman,
J., ordered
new
Deborah
K. Kearney,
General
Counsel,
Florida Deelection.
Defendants
appealed.
The
Supreme
Court,
partment of State, Tallahassee, Florida; Victoria L.
Borden,
held that:
(1) trialTallahassee,
court abusedFlorida,
its disWeber
andJ.,Donna
E. Blanton,
cretion
open
evidence
consider
and
DavidinI.refusing
Spector, to
West
Palm
Beach, to
Florida,
of
election
records
offeredLLP,
by defendants,
andthe
(2)Secnew
Steel,
Hector
& Davis,
on behalf of
election
warranted.
retary
of was
Statenot
and
the Elections Canvassing Commission; Barry Richard of Greenberg, Traurig,
Reversed
and remanded
with
P.A.,
Tallahassee,
Florida,
on direction.
behalf of George W.
Bush; *1242 Leonard Berger, West Palm Beach,
Berdon, J., concurred and filed opinion.
Florida, on behalf of Palm Beach County Canvassing Board; andWest
Bruce
Rowgow and Beverly A.
Headnotes
Pohl,
Fort Lauderdale,
[1] Elections
8.1 Florida, and Robert M.
Montgomery,
Jr.,
West
Palm Beach, Florida, on be144k8.1 Most Cited Cases
half
of
Theresa
Lepore,
Supervisor
of Elections,
Purpose of election statutes
is to ensure
the true for
and
Appellees
in
Case
No.
SC002376.
most accurate count possible of votes for candidates
in the election.
PER CURIAM.
[2] Elections
227(8)
We have for review a trial court order appealed to
144k227(8) Most Cited Cases
the Fourth District Court of Appeal, which certified
When individual ballot is questioned, no voter is to
the order to be of great public importance and to rebe disfranchised on a doubtful construction, and
quire immediate resolution by this Court. We have
statutes tending to limit exercise of ballot should be
jurisdiction pursuant to article V, section 3(b)(5) of
liberally construed in his or her favor.
the Florida Constitution.
[3] Elections
298(1)
[1] The issue in this case concerns the legality of
144k298(1) Most Cited Cases
the form of the ballot used in Palm Beach County,
Election laws generally vest primary responsibility
Florida, in the November 7, 2000, general election
for ascertaining intent and will of voters on election
for the President and Vice President of the United
officials, subject to court's appropriate scope of reStates. The remedy sought by the appellants [FN1]
is a re-vote, a new election, or a statistical reallocation of the election totals in Palm Beach County.
Page 1
Page 2
view when officials' determination is challenged in
a judicial
proceeding.
FN1.
The appellants in this case are electors from Palm Beach County.
[4] Elections
227(1)
Most below,
Cited Cases
In144k227(1)
the trial court
the appellants filed comNo losing
candidateseveral
is entitled
to the
equiplaints
containing
claims
forelectoral
declaratory,
valent of aand
"mulligan,"
whichAfter
is a holding
free shota hearsomeinjunctive,
other relief.
times
to adenied
golferrelief.
in nontournament
play
ing,
theawarded
trial court
The appellants
when preceding
wasDistrict
poorly played.
appealed
to the shot
Fourth
Court of Appeal,
which certified the trial court's order to this Court
[5] Elections
298(3)
based
on the Court's
"pass-through" jurisdiction.
144k298(3)
Most
Cited
Caseshave asked this Court
In their briefs, the appellants
(Formerly
144k227(1))
to rule on the legality of the Palm Beach County
To secure
judicial
order
municipal
election,
ballot.
They
claim
thatfor
thenew
ballot
is patently
dechallenger
is
not
required
to
establish
that,
but
for
fective on its face in that the form and design of the
irregularities
that
he
has
established
as
a
factual
ballot violated the statutory requirements of Florida
matter, law.
he would
have prevailed
in that
election;
inelection
The appellants
contend
the balstead,
must be
that they
(1) there
lot
wascourt
confusing
and,persuaded
as a result,
fear were
that
substantial
errors
in
rulings
of
election
official
they may have cast their vote for a candidate otheror
officials,
or they
substantial
mistakes in count of votes,
than
the one
intended.
and (2) as a result of those errors or mistakes, reliability
result
of election,
by elec[2]
The of
ballot
form
alleged toasbedetermined
patently defective
tionattached
officials,
in asdoubt.
C.G.S.A.
was
to is
theseriously
complaints
an exhibit.
Ex-§
9-328.attached to a pleading become a part of the
hibits
pleading for all purposes.
See Fla. R. Civ. P.
[6] Elections
305(2)facially negates the cause
1.130(b).
If an exhibit
Most Cited
Cases attached as an exof144k305(2)
action asserted,
the document
Although
underlying
facts
to be established
by a
hibit controls and must be are
considered
in determinpreponderance
of
evidence
and
are
subject
on
aping a motion to dismiss. See Health Application
peal Inc.
to the
clearly erroneous
standard,Ins.
ultimate
deSys.,
v. Hartford
Life & Accident
Co., 381
termination
of
whether,
based
on
underlying
facts,
a
So.2d 294, 297 (Fla. 1st DCA 1980).
new municipal election is called for, that is, whether there
substantial
violations
statute
au[3][4]
As were
a general
rule, a court
shouldofnot
void an
thorizing
to form
order defects
new election
reelection
forcourt
ballot
unlessthat
suchrender
defects
liability
resulttoofbeelection
seriously
in doubt, is a
cause
the of
ballot
in substantial
noncompliance
mixed
fact and
law that is subject
with
thequestion
statutoryofelection
requirements.
See Nel-to
plenary
review on
§ 9-328;
Pracson
v. Robinson,
301appeal.
So.2d C.G.S.A.
508, 510 (Fla.
2d DCA
tice Book
1998, §a60-5.
1974)
(rejecting
post-election challenge based
upon an alleged defect in the alignment of the can[7] Statutes
didates'
names on 181(1)
the ballot). When considering a
361k181(1)
Mosta Cited
Cases
petition alleging
violation
in the form of the ballot, [FN2] "a vital consideration guiding the courts
[7] Statutes
188
in determining whether an election should be
361k188 Most Cited Cases
voided is the reluctance to reach a decision which
would result in the disfranchisement of the voters.
Indeed, as regards defects in ballots, the courts have
generally declined to void an election unless such
214
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