The Resolution of Election Disputes: Legal Principles that Control Election Challenges
773 So.2d 519
773 So.2d 519, 25 Fla. L. Weekly S1123, 26 Fla. L. Weekly S6
(Cite as: 773 So.2d 519)
voter's name address and signature voids the ballot.
There is no invalidating directive for failure to include the
voter registration identification number on a request for
an absentee ballot....
The statutory requirement that the requester "must" disclose the nine items in Section 101.62(b) is simply not a
definitive statement by the Legislature that requests which
are missing the voter's registration number are illegal or
void. In contrast, Section 101.68(2)(c)1., Florida Statutes
provides that an absentee ballot shall be considered illegal
if it does not include the signature and the last four digits
of the social security number of the elector, as shown by
the registration records, and either the subscription of a
notary [or] the signature, printed name, address, voter
identification number, and county of registration of one
attesting witness, who is a registered voter in the state.
....
The second issue for the court's determination is whether
the Supervisor of Elections treated the representatives of
*523 the Florida Republican Party differently than she
treated representatives of other political parties to the extent that the integrity of the ballots or election was compromised. The plaintiffs allege that the Supervisor of
Elections "treated the interests of non-Republican voters
differently from those of Republican voters" because she
informed the public that she would strictly enforce the requirements of Section 101.62, Florida Statutes, including
the disclosure of the voter identification number, yet she
honored the request of a Republican representative to obtain access to the incomplete request forms and add the
voter identification numbers and did not notify the Democratic Party or any other group of this development. The
plaintiffs argued at trial that this failure to notify others
and invite others to take the same actions constituted illegal disparate treatment. However, the proof offered at
trial failed to show that she treated other political parties
differently than she treated the Republican party.... Unlike
the Republican mail-out, the Democratic mail-out did not
suffer from the general omission of the voter identification numbers. Therefore, there was no need for the Democrats to request access to the request forms to correct
them, and in fact, there was no evidence that such a request was made by the Democratic party or any other
political subdivision. Consequently, there was no evid-
292
Page 4
ence that the request of any representative, including any
Democrat, was denied by the Supervisor. Thus, there was
no adequate showing that there was disparate treatment of
Republicans as opposed to any other individuals or groups
with regard to the ballot request forms.
There was no allegation or evidence that any of the absentee votes counted were not "cast by qualified, registered voters who were entitled to vote absentee and
who did so in a proper manner." Boardman v. Esteva, 323
So.2d 259 at 269 (Fla.1975). The effect the irregularities
complained of could have had on the election was the prevention of voting by certain requesters for absentee ballots whose requests lacked the voter identification number
and who were unwilling or unable to go to their precinct
to cast their vote on election day. There was no evidence
that any absentee ballot requests were excluded or denied
solely because they lacked the required voter registration
identification number.
... The evidence presented in this case does not support a
finding of fraud, gross negligence, or intentional wrongdoing in connection with any absentee ballots.... That the
Supervisor's judgement may be seriously questioned, and
that her actions invited public and legal scrutiny, do not
rise to the level of a showing of fraud, gross negligence,
or intentional wrongdoing.
Jacobs v. The Seminole County Canvassing Board, No.
00-2816, 2000 WL 1793429 at *3-5 (Fla.2d Cir.Ct. Dec. 8,
2000).
[4] We find competent, substantial evidence to support the
trial court's conclusion that the evidence in this case does
not support a finding of fraud, gross negligence, or intentional wrongdoing in connection with any absentee ballots.
The record in this case is clear that the application forms in
question contained the name, address, signature, and the last
four digits of the social security number of the applicant.
This information was sufficient to establish the qualifications of the applicant. [FN2] It was also stipulated by the
parties that the application forms had already been signed
by the applicant when the third parties corrected the omissions on the forms. Hence, we conclude that the trial court
reached a proper conclusion guided by our prior case law.
FN2. While there may be questions regarding the
© 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.
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