On November 18, the Florida legislature determined that the November 4 election for State House district 64 was not legal. As a result, a special election is needed. See this story.
Florida law says that when all the candidates for a particular partisan office are from the same party, then the primary for that particular office is open to all voters. In the case of District 64, there was a dispute over whether a write-in candidate who filed for the race was a valid candidate. If he was a valid candidate, then the primary should have been open only to Republican voters. If the write-in candidate was not a valid candidate, then the primary should have been open to all voters.
The write-in candidate did not live in the district. A trial court ruled that he was not a valid candidate, and an open primary was held. Before the primary was held, but after the ballots had been printed, the state court of appeals ruled that the write-in candidate was a valid candidate. The state court of appeals said the state constitution does not permit the state to disallow a write-in candidate on the basis that he or she doesn’t live in the district, because candidates whose names are on the ballot do not need to meet that residency requirement, and there is no basis to discriminate against write-in candidates.
Because the state court of appeals decision came too late, the “wrong type of primary” was held, and now the legislature has determined that the process was therefore flawed and of no effect. In the meantime, the State Supreme Court will be deciding whether the State Court of Appeals was correct.