On October 21, the Eleventh Circuit denied rehearing in People’s Party of Florida v Florida Department of State, 22-12451. The issue was the Florida law that makes it impossible for a party to nominate someone who has not been a registered member for a full year before the candidate filing deadline. The effect of the law is devastating for new parties, because no one can register as a member of an unqualified party in Florida. So if a new party qualifies in an election year, it can’t run any candidates.
The law would even apply to presidential elections. Florida is one of the few states in which presidential elector candidates must be registered into the party that nominates them. So if a new party were formed in a presidential election year in Florida, it couldn’t have any valid candidates for presidential elector, and therefore couldn’t run a presidential nominee.
The Eleventh Circuit has said the case is moot. But the U.S. Supreme Court settled in 1969 that ballot access cases are not moot just because the election is over.
The Eleventh Circuit original opinion in this case refused to acknowledge that in 1986, the U.S. Supreme Court said that the Freedom of Association Clause in the First Amendment means that states can’t tell parties they can’t nominate a non-member.
Since when do LAWLESS TYRANT HACKS [legis / exec / judic] pay any attention to any Const and mere laws ???
USA now as rotted as olde Roman Republic in 120 BC – 27 BC ???
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PR
APPV
TOTSOP
EU v San Fransisco should allow parties to nominate whomever they please without regard to how long anyone has been registered in that party. It is not the business of the state to determine how long a person is a member of a party before that person can become a candidate. Nominating a “newbie” who may be an opportunist is a risk that falls on the party.
And, oh, if a candidate switches parties, and creates a risk of “spoiling” the candidate of his former party, is 1) a problem that his former party has to deal with, and 2) a problem that can be minimized with run-off, ranked choice or approval voting.
Would the Republican Party have ever become a major party, if Whigs and Democrats were unreasonably restricted from changing parties?
Yes!
When did this law get passed in Florida? I do not recall it getting used against the Boston Tea Party when it placed Charles Jay on the ballot for President in 2008. The Boston Tea Party formed in 2006, but I had been under the impression that it did not apply for recognized party status in Florida until 2008. I know that the Boston Tea Party got at least some of its presidential electors shortly before the deadline in Florida to place a presidential candidate on the ballot. There were people who registered for vote under the Boston Tea Party banner just so they could be presidential electors for Charles Jay.
The law was passed in 2021.
The People’s Party’s action didn’t have the right start because they need to attempt to qualify a candidate for office which they didn’t or at least says the court.
I suggest they try to qualify a candidate for the Duval County / Jacksonville City Council Races that are all participate and try again there to defeat the 365 day rule
The People’s Party’s action didn’t have the right start because they need to attempt to qualify a candidate for office which they didn’t or at least says the court.
I suggest they try to qualify a candidate for the Duval County / Jacksonville City Council Races that are all PARTISAN and try again there to defeat the 365 day rule in court.
That’s not a bad idea, Hector.
If they’re serious about challenging the absurdly ridiculous 365-day rule, the People’s Party should get in touch with Darcy Richardson, a longtime third-party activist who, I believe, is mulling an independent candidacy for mayor of Jacksonville.
Oh boi