Jacobs v. Seminole County Canvassing Board
773 So.2d 519
773 So.2d 519, 25 Fla. L. Weekly S1123, 26 Fla. L. Weekly S6
(Cite as: 773 So.2d 519)
application forms in this case, there is no question
that the ballots themselves conformed to the requirements of section 101.68, Florida Statutes
(2000), which requires the signature and the last
four digits of the social security number of the
elector, and either subscription of a notary or
identifying information from the attesting witness.
*524 [5][6] We especially note, however, that at the conclusion of its order, the trial court found that the Supervisor of
Elections of Seminole County exercised faulty judgment in
first rejecting completely the requests in question, and compounded the problem by allowing third parties to correct the
omissions on the forms. Nothing can be more essential than
for a supervisor of elections to maintain strict compliance
with the statutes in order to ensure credibility in the outcome of the election. [FN3] We find the Supervisor's conduct in this case troubling and we stress that our opinion in
this case
FN3. We note that chapter 104 of the Florida Election Code provides certain penalties for election officials and others who violate the Code. However,
violations of the Code will not necessarily invalidate the votes of innocent electors.
is not to be read as condoning anything less than strict adherence by election officials to the statutorily mandated
election procedures. Such adherence is vital to safeguarding our representative form of government, which directly
depends upon election officials' faithful performance of
their duties.... [T]his case [does not] concern[ ] potential
sanctions for election officials who fail to faithfully perform their duties. It is for the legislature to specify what
sanction should be available for enforcement against election officials who fail to faithfully perform their duties.
Beckstrom v. Volusia County Canvassing Board, 707 So.2d
720, 725-26 (Fla.1998).
Page 5
WELLS, C.J., and HARDING, ANSTEAD, PARIENTE,
LEWIS and QUINCE, JJ., concur.
SHAW, J., recused.
773 So.2d 519, 25 Fla. L. Weekly S1123, 26 Fla. L. Weekly
S6
Briefs and Other Related Documents (Back to top)
• 2000 WL 33998565 (Appellate Brief) Defendant-Intervenors' Answer Brief (Dec. 11, 2000)
• SC00-2447 (Docket) (Dec. 08, 2000)
• 2000 WL 33998564 (Appellate Brief) Brief of Appellees
George W. Bush, Dick Cheney, and the Republican Party of
Florida (Dec. 2000)
• 2000 WL 33998566 (Appellate Brief) Brief of Appellant
(2000)
• 2000 WL 33998567 (Appellate Brief) Brief of Appellees
the Seminole County Canvassing Board, Sandra Goard,
Kenneth Mcintosh and John Sloop (2000)
• 2000 WL 33998936 (Appellate Brief) Answer Brief of
Katherine
Harris,
as
Florida
Secretary
of%Y(60)B2Canvassing Commission (2000)
END OF DOCUMENT
Accordingly, we affirm the portions of the trial court's order
that are set forth above and adopt them as our own. We also
affirm the trial court's conclusion that appellant is entitled to
no relief.
It is so ordered.
© 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.
293
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