CopyCited 15 times | Published | Court of Appeals for the Eleventh Circuit | 1998 U.S. App. LEXIS 23897, 1998 WL 654389
...n or trust fund assessment, and
a one percent party assessment. Id.4
Alternatively, Green could file a petition with signatures of three percent of the registered
Democratic voters in Florida's Tenth Congressional District. Fla. Stat. Ann. §
99.095 (West
Supp.1998).5 This petitioning alternative required 4,077 signatures. After swearing an intent to
3
Although amended in 1997, §
99.092 in 1996 provided:
Each person seeking to qualify for nomination or election to any office, except a
person seeking to qualify pursuant to §
99.095 and except a person seeking to
qualify as a write-in candidate, shall pay a qualifying fee, which shall consist of a
filing fee and election assessment, to the officer with whom the person qualifies,...
...The trust fund assessment went toward a quasi-judicial board to pursue
complaints filed with the Division of Elections. See Boudreau,
642 So.2d at 1-2; see also Fla.
Stat. §
106.24. The party assessment went to the candidate's political party. Boudreau,
642
So.2d at 2.
5
Section
99.095 provides:
A person seeking to qualify for nomination to any office may qualify to have his
or her name placed on the ballot for the first primary election by means of the
2
qualify by petition, a candidate is given "forms in sufficient numbers to facilitate the gathering of
[the requisite] signatures." Fla. Stat. Ann. §
99.095(2) (1982).
Green did not meet either requirement by the respective deadline....
...stered within the district, county, or other
geographical entity represented by the office sought, as shown by the compilation
by the Department of State for the last preceding general election.
Fla. Stat. Ann. § 99.095(1), (3) (West Supp.1998).
6
The deadlines were changed to alleviate any prejudice that might have resulted from another
district court decision invalidating the configuration of Florida's Third Congressional District.
See Johnson v....
CopyCited 6 times | Published | Supreme Court of Florida
...Fortson, supra , although appellant points out that there were not present in Jenness the proofs of costs and burden of obtaining so great a percentage which he has shown sub judice. We have also examined the requirement of 5% for candidates seeking to qualify under F.S. § 99.095 by means of petition for nomination in a primary election....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1998 WL 536352
...Joanos filed one of the six documents identified in the statute, his form for the appointment of campaign treasurer and designation of campaign depository, in January 1998. Another required item is a check for the qualifying fee or a copy of the notice that the candidate has obtained a ballot position pursuant to section 99.095, which prescribes a petitioning process whereby a candidate may qualify for ballot placement without paying the qualifying fee or party assessment....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1994 WL 246506
...party assessment, which section
99.061(1), Florida Statutes (1993), requires candidates to pay to the state upon qualifying. Pursuant to section
99.092, Florida Statutes, one seeking nomination to office, other than as a write-in candidate or under section
99.095 (providing an alternative method of qualifying by petitioning process), must pay fees which total 7 1/2% of the annual salary of the office, broken down as follows: (1) a qualifying fee, which consists of (a) a filing fee, equal to 4.5 percent of the annual salary of the office....
CopyCited 3 times | Published | District Court, M.D. Florida | 1998 U.S. Dist. LEXIS 7814, 1998 WL 12666
...he sought. Fla.Stat. ch.
99.092(1) (1995). [3] Second, Green could have appeared on the Democratic primary ballot if he obtained the *1453 signatures of 3% of the total number of the registered Democratic voters in the Tenth District. Fla.Stat. ch.
99.095(3) (1995)....
...One way is by paying a statutorily set qualifying fee. Currently, section
99.092, Florida Statutes provides, in pertinent part, that: Each person seeking to qualify for nomination or election to any office, except a person seeking to qualify pursuant to s.
99.095 and except a person seeking to qualify as a write-in candidate, shall pay a qualifying fee, which shall consist of a filing fee and election assessment, to the officer with whom the person qualifies, and any party assessment levied.......
...[5] The second way to obtain access to a primary ballot is by gathering the signatures of three percent of the voters who are registered in the area of representation as members of the party whose nomination the would-be candidate seeks. In this regard, section 99.095 currently provides, in pertinent part, as follows: (1) A person seeking to qualify for nomination to any office may qualify to have his or her name placed on the ballot for the first primary election by means of the petitioning process prescribed in this section....
...equal to at least 3 percent of the total number of registered voters of the party by which the candidate seeks nomination that are registered within the district ... as shown by the Department of State for the last preceding general election. By its express terms, section
99.095 provides an alternative qualifying method to section
99.092, in that it allows a potential candidate to qualify for a primary ballot without paying any portion of the fee....
...ssue as they applied to him 1996 and as they currently exist (Counts I, III, V, and VII). Consistent with the organization of his amended complaint, in his motion for summary judgment, Plaintiff addresses the constitutionality of sections
99.092 and
99.095 separately, thus implicitly encouraging the court to do the same....
...the party of his choice by seeking its nomination for Congress. The minor burdens imposed on Green are necessary and well justified by the strong interests advanced by the state in enacting sections
99.092 and .095. Accordingly, sections
99.092 and
99.095, Florida Statutes, both as they read and were applied to Green in 1996 and as currently written and applicable to the 1998 Congressional primaries, are not violative of the First Amendment....
...campaigns. In his affidavit, Arnold testifies that Voter Outreach's "normal charge" for soliciting signatures for political campaigns is between $.85 and $2.00 per signature. Based on this testimony, Plaintiff argues that comfortably complying with section 99.095's signature alternative may cost over $9,000, which is more than Florida's current 6% qualifying fee and much more than most other states' fees....
...gistered voters and certain transportation expenses, accessing a primary ballot by petition does not require paying a for-profit company thousands of dollars to collect signatures as Plaintiff suggests. Also unpersuasive is Plaintiff's argument that section 99.095 is an unreasonable alternative to paying the qualifying fee because the number of signatures required is greater than that required by other states....
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit
...ge. See 28 U.S.C. §
636(c).
3
Although amended in 1997, §
99.092 in 1996 provided:
Each person seeking to qualify for nomination or election to any office, except a
person seeking to qualify pursuant to §
99.095 and except a person seeking to
qualify as a write-in candidate, shall pay a qualifying fee, which shall consist of a
filing fee and election assessment, to the officer with whom the person qualifies,...
...r trust fund assessment, and a one percent
party assessment. Id.4
Alternatively, Green could file a petition with signatures of three percent of the
registered Democratic voters in Florida’s Tenth Congressional District. Fla. Stat.
Ann. § 99.095 (West Supp....
...The trust fund assessment went toward a quasi-judicial board to pursue
complaints filed with the Division of Elections. See Boudreau,
642 So.2d at 1-2; see also Fla.
Stat. §
106.24. The party assessment went to the candidate’s political party. Boudreau,
642
So.2d at 2.
5
Section
99.095 provides:
A person seeking to qualify for nomination to any office may qualify to have his
or her name placed on the ballot for the first primary election by means of the
petitioning process prescribed in this section....
...the
3
signatures. After swearing an intent to qualify by petition, a candidate is given “forms
in sufficient numbers to facilitate the gathering of [the requisite] signatures.” Fla.
Stat. Ann. § 99.095 (2) (1982).
Green did not meet either requirement by the respective deadline....
...candidate seeks nomination that are registered within the district, county, or other
geographical entity represented by the office sought, as shown by the compilation
by the Department of State for the last preceding general election.
Fla. Stat. Ann. § 99.095 (1), (3) (West Supp....
