The Florida Secretary of State’s office has been reviewing the paperwork of each qualified political party, to see if each party meets the new procedures for qualification. The biggest change is that each party must have at least three statewide officers, who must be registered members of that party who live in Florida. Here is the sample checklist for each party. This particular one relates to the Reform Party, which has recently been approved.
The Secretary of State expects to finish this process by November 28. Thanks to David Collison for the link.
In looking over the Florida Statute (103.095) requiring these re-certification procedures (with its current deadline of November 28, 2011) for an existing political party to retain its registration with the Secretary of State, I find no reference to what happens to a party if such filing is rejected even via appeal. Surely, there must be some procedure to allow a party to “start over” with a new attempt for registration – even if it misses one election cycle in the process. And what about new parties that are created after this deadline date of November 28, 2011? Surely no court would allow such new party to be denied the opportunity to meet the qualifications for registration.
Does anyone have the answer?
103.095 in general simply requires “a group” of electors. 103.095(4) says that once the application is processed, the registration of the executive committee members will be switched to the new party.
There could possibly be litigation between the organizers of the new party and the organizers of the old party over any assets, and creditors might try to collect debts, but all that is private litigation. If you were registered with a new party, and you felt it wasn’t letting you participate in a meaningful way in the operations of the party according to their rules, you’d sue the party. You could sue the State, but they’d say that all they did was put the rules in the filing cabinet.
That is what happened when Dennis Kucinich and Willie Nelson sued the Texas Democratic Party and the State of Texas. Texas was removed from the lawsuit.
Think of it more like registration of a corporation. The State doesn’t tell them how to run the business, but it does require that they be subject to governance by the shareholders, have annual meetings, and rules of how to conduct the meeting and choose officers.
Jim Riley. You’re still not understanding my question. And it is, if a party is de-certified, how does it get re-certified? And what about a new party which might come along next year or in years from now? Surely, no court would uphold the SOS’s deadline of November 28, 2011 as the last day forever that an existing 3rd party or a new 3rd party in Florida can ever be recognized and have candidates listed on the ballot. Florida Statutes 103.095 and the recent SOS deadline of November 28th tends to suggest such with its wording, but I don’t think such will hold up in Court.
Again, what is the answer – or is there not one?
#3 There is no reason to RE-certify a political party since it is just as easy to become certified.
Imagine that you moved to Rhode Island. You would no longer be registered to vote in Alabama. Then sometime later you moved back to Alabama. You would not “re-register” to vote, you would simply register to vote.
The bulk of 103.095 is for certifying new parties.
The November 28 deadline is for certifying existing minor parties under 103.095(6). The new law came into effect in May, so the notices must have been sent out around June 1 – 180 days later would be November 28. 103.095(6) applies only to parties registered before July 1, 2011.
Jim Riley. This answer makes more sense and I hope you are right. There are a couple of parties there in Florida that are not going to make the November 28th deadline and I hope they have a 2nd chance to be re-certified. I also hope it does not mean they will miss out for the 2012 election and can only participate in 2014. Still 103.095 could have been written more clearly.
#5 I was looking through filings on the Florida Secretary of State’s office, and for most of the parties, the only activity appears when on May 20, the SOS informed the parties of the new law, telling parties they had until November 19.
Some of the later communication gives the November 28 date. I’m not sure where that date is from. Perhaps it is an extension based on registration that was rejected, and more time was given to comply,
I found 9 checklists like Richard Winger posted, with 5 parties which were approved (Ecology, Florida Whig, Green, Independence, and Libertarian) and 4 with some deficiencies identified (America Patriot, British Reformed Sectarian Party, Prohibition, and Reform).
Jim Riley. Yes, the different dates are due to some parties being giving additional time because all of their initial filing was not complete – as I understand. Still, the legislature could have made it simple and easy for all to understand by simply stating that in order for any party to participate in any election held within a calendar year, it’s complete filing of all the requirements of 103.095 must be on made no later than January 1st of such year. This way, all parties would have had until January 1, 2012 to file and participate in the 2012 elections, and if they messed around and didn’t get it in, then they would have to wait and file by January 1, 2013 before they could participate in any special elections of 2013. This way, the door would still be permanently open to existing parties and any future new party. For some of those current parties not in compliance, I hope they will have a 2nd chance to do so.
$7 I would assume that a new party could qualify for an election any time up the filing deadline. As soon as the SOS accepts its paperwork it is “minor political party”, and any “minor political party” may nominate candidates (though Florida has high barriers to candidates).
103.095 (5) and (6) are somewhat in conflict. (6) says that registration is automatically cancelled if an existing party doesn’t file; while (5) says that there is a procedure to be followed before a party may have its registration cancelled.
You may want to contact the Florida Secretary of State.
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