Florida Candidate Kept Off Ballot Because Notarization of a Campaign Finance Report was Twelve Minutes Late

A Florida candidate for county judge in Clay County is being kept off the ballot because her campaign finance form notarization wasn’t completed until twelve minutes after noon, on the filing deadline. The filing deadline was noon. The candidate sued, but no state court was willing to rule in her favor. See this story.


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Florida Candidate Kept Off Ballot Because Notarization of a Campaign Finance Report was Twelve Minutes Late — 7 Comments

  1. Little arcane rules like this are often used to keep people off the ballot whom the establishment doesn’t want on it. Once in New York, the Socialist Workers were kept off the ballot, despite enough signatures, because the staple was in the wrong place.

  2. Ballot access has been a WAR event since the *official* ballots in 1888-1890.

    WAR experts — or LOSE the WA — esp for ALL minority parties.

  3. In this age of high tech, character read ballots, voters ought to able to download, and print off their own character readable ballots at home, input the names of any write in candidates on their own ballot, and bring them already completed to the polling place.

  4. AND, there’s no reason why the election authority in any state couldn’t publish the names of any declared write in candidates on line as well.

  5. @WZ, In Florida, write-in candidates file at the same time as on-ballot candidates, and Florida includes its write-in candidates on line. IIRC, Florida omits the write-in space if there are no write-in candidates, and omits the race if there is only one candidate.

    This is for a nonpartisan office, and the filing deadline was last May. The county supervisor of elections had initially accepted the filing by the challenger Lucy Ann Hoover. The incumbent and candidate for re-election Kristina Mobley sued the elections supervisor, and Hoover intervened as the real party in interest.

    Mobley won in a lower state court. The elections supervisor did not appeal but Hoover did. An appeals court upheld the decision. The latest decision by the Supreme Court was to not accept an appeal. It is not at all remarkable that they did not explain their decision. It is misleading to say that no court was willing to rule in Hoover’s favor. The trial court ruled in Mobley’s favor, and an appeals court upheld the decision.

    The particular circumstance was that Hoover filed at the last minute (literally), but did not have a financial disclosure form. She then filled out the form and handed it to the person accepting the form at 12:12 p.m. (notarization is a red herring since the receiving official notarized it).

    Hoover had picked up her candidate paperwork on May 3, the day before the filing deadline. At 10:44 a.m. Hoover filed her campaign treasurer form, and designated Wells Fargo as her campaign depository. She then left to open a campaign account. Wells Fargo told her the stagecoach had left and they could not open the account by noon. Hoover went to a credit union and opened the account and ran into the elections office at 11:55 a.m. (there is apparently video of the office). She handed in her candidate oath, which was time stamped at 12:01:34 p.m. But the elections official said that she believed it had been received before 12:00 p.m. deadline.

    Hoover is then shown filling out the financial disclosure form which was not handed in until 12:12 p.m.

    In the prior case cited by Hoover, a candidate for the legislature had sent his representative to the state capitol in Tallahassee. The representative arrived 7 minutes early, but was met by a crowded office with 100 persons. He was misdirected to the filing office, and by the time he got to the right office it was too late, The court ruled that he made a bona fide effort to file and missed the deadline due to chaos and misdirection.

    In the Hoover case there was no one else in the office, and the elections official was available to receive a timely filing, It is not disputed that Hoover did not begin the form until after the deadline.

    Had Hoover prevailed she would have been on the August 28 primary ballot. She was apparently seeking a remedy of being put on the November ballot.

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