Florida Republican Candidate for School Board Files Brief in Lawsuit Challenging Law Forbidding Candidates to Reveal Party Membership

On January 18, Kells Hetherington filed this brief in his lawsuit against the Florida law that makes it a crime for candidates for non-partisan school boards to reveal their party membership during the campaign. He was fined $500 for saying that he is a “lifelong Republican.” Later the fine was reduced to $200. Hetherington v Madden, n.d., 3:21cv-671.

The Florida law is in section 106.143(3) of the election code. The last sentence is, “A candidate for nonpartisan office is prohibited from campaigning based on party affiliation.”

So far, the government’s defense of the law has been procedural, claiming that Hetherington sued the wrong defendant, and arguing that facts about Florida school boards mentioned in the plaintiff’s brief should be stricken, because the plaintiff cited Ballotpedia, and the government’s brief argues that references to websites like Ballotpedia are just “hearsay”.

Missouri Bills to Convert Primaries from Open to Closed

Bills have been introduced in each house of the Missouri legislature to change primaries from open to closed. The bills are SB 907 by Senator Andrew Koenig (R-Manchester) and HB 1450 by Representative Dan Stacy (R-Blue Springs).

The bills are flawed, because they don’t have a provision allowing parties to invite independents to vote in their primaries. In 1986 the U.S. Supreme Court ruled in Tashjian v Republican Party of Connecticut that parties have the freedom to let independents vote in their primaries, if they wish.

Federal Lawsuit Filed Against New Florida Ban on Paying Initiative Petitioners on a Per-Signature Basis

On January 21, a federal lawsuit was filed against the new Florida ban on paying initiative circulators on a per-signature basis. Florida Right to Pray Together v Lee, n.d., 4:22cv-33. The case is assigned to U.S. District Court Judge Robert Hinkle, a Clinton appointee. Here is the Complaint. The case also challenges the new law requiring that the names and addresses of paid petitioners be printed on the initiative petition sheets, and the new law requiring paid circulators to register with the Secretary of State before they can work.