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)
[5] Elections
197
144k197 Most Cited Cases
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.
[6] Elections
227(1)
144k227(1) Most Cited Cases
Violations of the election code by election officials will not
necessarily invalidate the votes of innocent electors. West's
F.S.A. § 104.011 et seq.
*520 Gerald F. Richman, Alan G. Greer and John R.
Whittles of Richman, Greer, Weil, Brumbaugh, Mirabito &
Christensen, P.A., West Palm Beach, Florida; Scott E. Perwin and Pamela I. Perry, Miami, Florida; Kent Spriggs of
Spriggs & Davis, Tallahassee, Florida; Robert D. Lenhard,
Washington, D.C.; John R. Cuti, Jonathan S. Abady and
Llann M. Maazel of Emery,Cuti, Brinckerhoff & Abady PC,
New York, New York; and Eric Seiler and Katherine L.
Pringle of Friedman, Kaplan, Seiler & Adelman LLP, New
York, New York, for Appellants.
Terry C. Young and Janet M. Courtney of Lowndes, Drosdick, Doster, Kantor & Reed, P.A., Orlando, Florida, for
Seminole County Canvassing Board, Sandra Goard, Kenneth McIntosh and John Sloop; Barry Richard of Greenberg,
Traurig, P.A., Tallahassee, Florida, Benjamin L. Ginsberg
of Patton Boggs LLP, Washington, D.C., B. Daryl Bristow
and Amy Douthitt Maddux of Baker Botts LLP, Houston,
Texas, and Stuart Levey of Miller, Cassidy, Larroca & Lewin LLP, Washington, D.C., for George W. Bush and Dick
Cheney; Kenneth W. Wright of Shutts & Bowen, LLP, Orlando, Florida, for Republican Party of Florida; and Deborah K. Kearney, General Counsel, and Kerey M. Carpenter, Assistant General Counsel, Tallahassee, Florida, and
Jonathan Sjostrom, Victoria L. Weber, Donna E. Blanton
and Elizabeth C. Daley of Steel, Hector & Davis LLP, Tallahassee, Florida, for Katherine Harris, as Florida Secretary
of State, and Katherine Harris, L. Clayton Roberts, and Bob
Crawford, as members of the Florida Elections Canvassing
Commission, Appellees.
Mathew D. Staver, Erik W. Stanley, Joel L. Oster, Dean F.
DiBartolomeo, Katherine Christy, Marvin Rooks, John
Stemberger, Mike Gotschall, and Sharon Blakeney, Liberty
290
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Counsel, Longwood, Florida, for Tim Brock, et al., Intervenors.
PER CURIAM.
We have for review a trial court order appealed to the First
District Court of Appeal, which certified the order to be of
*521 great public importance and to require immediate resolution by this Court. We have jurisdiction pursuant to article V, section 3(b)(5) of the Florida Constitution. For the
reasons expressed below, we affirm.
Appellants filed suit against the Seminole County Canvassing Board and others pursuant to section 102.168, Florida Statutes (2000), to contest the 2000 election. A bench
trial was held in this case on December 6 and 7, 2000. The
appellants alleged there were thousands of requests for absentee ballots in Seminole County that should be invalidated
because the requests were not made in strict compliance
with the absentee ballot laws. Specifically appellants
claimed the Seminole County Supervisor of Elections illegally treated Republican Party representatives differently
from other political party representatives by allowing them
access to her office for the purpose of adding voter identification numbers to requests that did not contain that information. Based on the complaint, answers, admissions, stipulations, and the evidence adduced at trial the following facts
were determined.
Prior to the November 7, 2000, general election both the Republican and Democratic Parties prepared and mailed to registered voters for their respective parties preprinted requests for absentee ballots. The parties agreed that this practice is not prohibited by law. The request form prepared by
the Democratic Party had a space provided for the voter
identification number or the voter identification number was
preprinted on the request form. In contrast, the request form
prepared by the Republican Party did not include either a
space for the voter identification number or the preprinted
number. In addition there was no instruction on the Republican form informing the voter to include the voter identification number.
Generally, when absentee ballot request forms are returned,
the Supervisor's office mails out the absentee ballots with
© 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.
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