On August 22, the Florida State Court of Appeals issued an opinion putting Rebekah Jones on the Democratic primary ballot for U.S. House, First District. The lower court had ruled against her. Jones v Schiller, 1D22-2465. Here is the opinion, which concerns the Florida law barring candidates from primaries if they have not been registered members of the party for a full year.
The Secretary of State had put Jones on the primary ballot, but then her opponent had challenged that decision, and submitted documents showing that Jones was a registered independent between June and August 2021 when Jones lived in Maryland. Thus the trial court had removed Jones. But the Appeals Court says that the Florida prior affiliation law doesn’t permit exterior evidence. The State Court of Appeals says that if the candidate signs the declaration of candidacy about prior affiliation, and the Secretary of State has no awareness that the declaration is wrong, then the declaration must stand.
This decision might have some helpfulness to the ongoing legal battle to put the People’s Party nominee for Pasco County Commission on the ballot. That case is pending in the Eleventh Circuit. UPDATE: here is a news story.
It looks like the court is looking for a reason to allow candidates on the ballot. Elise could not possibly comply with the law. As the party was not registered but she had been a member of the party before it was officially recognized. Keep hope alive.
Victor Nieto
Ohhhh snap, girlfriend.
NOOO mention of USA Const 1-2-2 —
par for the course of MORON state courts — which need to be Fed indicted / convicted and put in Fed jails.
That seems like a fair court decision to me. However, it needs to apply to any future similar cases.