CopyCited 4 times | Published | Supreme Court of Florida | 1954 Fla. LEXIS 1291
...Dixie Beggs (of Yonge, Beggs & Lane), Pensacola, for Langley Bell. Edward F. Wicke, State's Atty., Pensacola, for appellees. TERRELL, Justice. Margaret Richardson and Clarence R. Walker filed their complaint in the Circuit Court in which they prayed for an interpretation of Section 100.081, F.S., F.S.A., relating to the nomination of County Commissioners. The Attorney General was permitted to intervene and become a party to the cause. Answers were filed and on final hearing the chancellor entered a declaratory decree holding the proviso to Section 100.081 to be unconstitutional and void and enjoined the defendants from conducting elections to nominate county commissioners as provided therein. We are confronted with an appeal from the final decree. The point for determination challenges the validity of the chancellor's order invalidating Section 100.081, Florida Statutes 1951, F.S.A., the pertinent part being as follows: "The primary elections shall provide for the nomination of county commissioners by the qualified electors of such county at the time and place set for voting on othe...
...oundaries of such districts. Said County Commissioners shall be elected by the qualified electors of said county at the time and place of voting for other county officers, and shall hold office for four years, * * *." An inspection of the proviso to Section 100.081 discloses a requirement to nominate County Commissioners by the several districts of the county instead of by the county at large....
...It is certain that said rules and regulations cannot go so far as to put an undue hardship on the exercise of one's franchise, nor can they, under the guise of a primary election, deprive one of that which the constitution grants through the medium of a general election. Appellees contend that Section 100.081 unnecessarily restricts each elector to a voice in selecting only one county commissioner, thereby defeating the purpose of Section 5, Article VIII of the Constitution in that it imposes an unreasonable impediment on the right of suffrage....
...Appellant contends on the other hand, that except as to the election of United States Senators and Representatives in Congress, the right of suffrage is one that the State has plenary power to regulate, which Section 26, Article III of the Constitution so recognizes, that Section 100.081 deals exclusively with nomination of county commissioners rather than election and does not contravene Section 5, Article VIII of the Constitution, that it is reasonable and has been the established policy of the State for many years....
