Florida State Court Again Rules that Write-in Candidates are “Real” Candidates

On June 17, a Florida state court trial judge ruled that a particular write-in candidate is a “real” candidate, and therefore his existence as a candidate cannot be ignored. See this story. Florida’s Constitution says that when all the candidates for a particular office, including write-in candidates in the general election, are from the same party, then all voters, and not just members of that party, can vote in the primary for that office.

In this case, and several previous cases over the same issue, proponents of letting all voters vote in the primary for a particular office say that the write-in candidate only filed in order to keep the primary closed, and that the motives of the write-in candidate should be taken into consideration. But the Florida Supreme Court earlier this year, and both federal and state courts in the past, have repeatedly ruled that the motives of the write-in candidate cannot be taken into consideration.

The real problem in Florida is that over half of all partisan offices only have one candidate on the general election ballot. This is because Florida filing fees are so unreasonably high. Yet no one in Florida ever seems to notice or care that Florida’s fees stifle free elections. The fees are 6% of the annual salary, which means over $10,000 for Congress. If the filing fees were far lower, the number of general election races with only one candidate on the ballot would be far fewer.

Another point the media misses is that under the U.S. Supreme Court opinion California Democratic Party v Jones, a party has a freedom of association right to avoid having its nominees chosen by members of other parties, so even if the write-in issue were resolved the other way, the party with the primary could insist that its primary not be opened up to all votes.


Florida State Court Again Rules that Write-in Candidates are “Real” Candidates — 8 Comments

  1. The SCOTUS MORONS in the 2000 CA Jones case failed to detect that there are PUBLIC nominations for PUBLIC offices by PUBLIC Electors — to be TOTALLY controlled by LAWS — NOT the whims of factions of Electors — in the robot clubby hack parties.

    NO primaries.
    P.R. and nonpartisan App.V.

  2. The HIGH filing fees are obviously the result of the incumbent gerrymander robot hacks NOT wanting ANY opposition.

    Where is that New Age Union Army to liberate the People in the southern States from their New Age TYRANTS ???

  3. The Florida Constitution does not say anything about write-in candidates.

    Florida statutes require write-in candidates to file at the same time as primary and independent candidates. They must file campaign finance reports, and other disclosure reports. They are real candidates in every sense. The only distinction is they don’t pay a filing fee and have a write-in line on the ballot. Florida does not include a write-in line unless there are write-in candidates.

    If the filing fee were lower, and write-in candidates were not counted, then there would be more sham candidates in order to keep segregated partisan primaries closed (remember the Green Party candidates who had help paying filing fees that were greater than the value of their mobile homes – and remember that it was a Democratic lawyer that helping the Green Party).

    If there are only candidates from one party, there is no need for party nominees, and there is no general election contest.

    Top 2 at least eliminates the sham candidates, and tends to reduce filing fees.

  4. Howard Knepper has qualified as a us senate candidate in Florida and now has a straight shot at becoming the first write
    In candidate in Florida to take and hold the office of us senate.

    How he did is amazing.

    Howard Knepper you tube 27 minute
    Infocommercial commercial shocking

    He can beat both candidates republican
    And democrate in a debate.
    He may have to file suit and ask
    Both the circuit and Florida surpreme court to order him in the debates.

    You contact Howard Knepper at 305-342-2845 for interviews

  5. Jim Riley said “Florida does not include a write-in line unless there are write-in candidates” and I notice the sample ballot has this Write In line for President. I’m quite sure Sen Sanders did no paperwork to be a Write In candidate n FL so any written in votes for him would or would not be counted? thx

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