The Resolution of Election Disputes: Legal Principles that Control Election Challenges
323 So.2d 259.
323 So.2d 259
(Cite as: 323 So.2d 259)
Page 11
mingled with valid absentee ballots and the elections concerned only a single county or municipality. Neither of these
facts is present in the instant case. In my opinion, this is a
material variance.
The strict application of the District Court's decision could
have a devastating effect on the inclusion of absentee ballots
in close statewide races. I am deeply concerned, as is Judge
Williams, that the practical application of the District
Court's decision would void all absentee ballots in every
close multi-county election which had the result changed by
absentee ballots. A *271 candidate who won a close election
on the machine vote but lost when absentee ballots were
counted would only have to find defective election procedures in one or two counties involving enough total ballots to
change the result in order to void All absentee ballots.
In conclusion, I agree with the trial judge that common
sense and a reasonable application of the statute requirements in absentee ballots must be applied. It is important to
recognize that in the instant case there is no allegation or
suggestion of any fraud, corruption, or other intentional misconduct on the part of either candidate or the election officials in the several counties and districts involved. Purity of
the ballot must be maintained, and opportunities for fraud
and interference with the ballot must be discouraged. Strict
application of the rule adopted by the District Court might
well encourage absentee ballot interference.
I concur in the majority opinion.
ENGLAND, Justice (concurring specially):
I agree with Chief Justice Adkins that the trial court's judgment should be affirmed.
WILLIAMS, Circuit Judge (concurring specially).
In the consideration of this cause, I was concerned to find
that the most recent decisions in Florida appeared to resolve
the law on questioned absentee ballots in favor of strict
compliance of the statutes, even on some insignificant details, and further in favor of discounting all absentee ballots
where the number of illegal ballots are sufficient to change
an election, even in a large multi-county or multi-district
election where the various counties' ballots are kept separ-
164
ately and not commingled. I agree with the observations of
the trial judge in this case wherein he observed in Paragraph
5 of his judgment that if the pronouncements in the Woods
and Parra cases are to be applied without regard to the particular facts in those cases it is doubtful that any close election which is decided by absentee vote in an area equal to or
larger than the Second District court be sustained.
I am particularly concerned that if the decision of the First
District Court of Appeal in this case were to stand as the law
of Florida in elections, corruption might be encouraged.
Fortunately, in this case there is no hint of corruption or evil
intent on the part of any one involved in this case. I only
speak of possibilities in the future. Almost all elections, to
all intents and purposes, are decided by the machine vote
which is usually counted on the evening of the election or in
the early hours of the following morning. The absentee ballots are not counted until at least many hours after the machine vote has been counted and announced. Therefore, the
counting of the absentee ballots usually becomes a mere
formality. Only in close elections may the absentee ballots
make the difference in the election results, and then as a
kind of proceeding after the fact of the 'regular' election.
Let us consider a hypothetical situation as follows: in which
there is an election for a judgeship in a district or circuit encompassing several counties; in which an election worker or
official is involved in processing or counting votes; in
which such official or worker is interested in one of the candidates in the election either through friendship, polities, or
other close relationship; in which such official or worker's
candidate appears to be the winner by a close vote after the
count of the precinct or machine ballots. In such a situation
it would appear to me that it might be very easy for such an
official or worker to immediately destroy a sufficient number of ballots, destroy the outer envelopes of a sufficient
number of ballots, or do any one of a number of acts which
would involve a number of absentee ballots; such number
comprising more than *272 the margin by which his favorite candidate has apparently won the machine count.
Thereby, without even knowing the contents of the ballots
or caring, he immediately makes certain that his candidate
has won the election. He has thus, personally and at very
little risk, disenfranchised all persons who voted by absent-
© 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.
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