Florida/Georgia Personal Injury & Workers Compensation

...2 Wymbs al *1074 leged in count one that the Committee performs a number of important political and governmental functions that amount to state action: (1) the adoption of presidential preference primary rules, as authorized by Fla.Stat.Ann. § 103.101; (2) the nomination of presidential electors, pursuant to Fla.Stat.Ann. § 103.021(1); (3) the filling of vacancies in nominations, as authorized by Fla.Stat.Ann....

...The NAP, which in 1988 was listed on the general-election ballots of all fifty states and the District of Columbia, is classified as a "minor political party" under Florida election law. 1 Presidential candidates of the two major political parties are placed on the general-election ballot by the governor. See Fla.Stat. § 103.021(1) & (2). To gain access to the ballot, minor-party and independent candidates for President must submit petitions containing the signatures of at least one percent of the registered voters in the state. See Fla.Stat. § 103.021(3). It is well settled that such a difference in treatment does not violate the Constitution. See, e.g., American Party of Texas v. White, 415 U.S. 767, 793-94 , 94 S.Ct. 1296, 1312 , 39 L.Ed.2d 744 (1974). 3 Section 103.021(3) also provides that a minor-party or independent candidate must submit a separate petition to the supervisor of elections for each county from which signatures are solicited....

...s out there." 56 We note first that discriminating as to which financially burdened candidates may waive the verification fee is not necessary to demonstrating a modicum of support. The interest in avoiding voter confusion is adequately furthered by section 103.021(3)'s requirement that minor-party candidates submit signatures of one percent of the registered voters....

...qualify Ralph Nader and Peter Camejo as presidential and vice-presidential candidates for the Reform Party of the United States of America (Reform Party USA) on the Florida ballot for the general election scheduled for November 2, 2004, pursuant to section 103.021(4)(a), Florida Statutes (2003)....

...Both complaints named Secretary of State Hood, the Reform Party of Florida, Ralph Nader, and Peter Camejo as defendants. [1] *305 The complaints alleged that Nader and Camejo are not "minor party" candidates affiliated with a national party as provided in section 103.021(4)(a), but rather are independent candidates who use the name "Reform Party of Florida" to claim affiliation with the national Reform Party where no affiliation actually exists....

...unctive relief will serve the public interest. [2] The circuit court found that the plaintiffs had demonstrated a likelihood of success on the merits, finding a "substantial likelihood" that the Reform Party failed to comply with the requirements of section 103.021(4)(a)....

...Minor party and independent candidates for president and vice-president who have not been nominated through the primary process may have their names printed on the general election ballot by complying with the statutory procedures established by the Florida Legislature. See § 103.021(3), (4), Fla....

...When the Department of State has been so notified, it shall order the names of the candidates nominated by the minor party to be included on the ballot and shall permit the required number of persons to be certified as electors in the same manner as other party candidates. § 103.021(4)(a), Fla....

...Thus, our analysis of the specific burdens must be viewed in light of access to the ballot being constitutionally based. The issue before us is whether the Reform Party of Florida and its presidential nominees Ralph Nader and Peter Camejo qualify for the ballot under section 103.021(4)(a). According to the statute, there must be a "certificate naming the candidates for president and vice president and listing the required number of persons to serve as electors." § 103.021(4)(a), Fla....

...Stat (2003). The Secretary of State asserts that her function is purely ministerial and that therefore she has no basis to look behind the certificate to determine that the party meets the statutory criteria. The method for ballot qualification set out in section 103.021(4)(b) for a minor party not affiliated with a national party holding a national convention requires that a specific percentage of registered voters must petition to place the candidate on the ballot. This involves a pure question of objectively verifiable fact. However, the determination of whether the candidate qualifies under section 103.021(4)(a) by claiming to be a "minor political party that is affiliated with a national party holding a national convention to nominate candidates for President and Vice President" involves a legal determination....

...Nevertheless, because the Legislature used terms such as "national party" and "national convention," we must assume that the Legislature intended these terms to have some meaning, especially because this method of ballot access is far less onerous than the method in section 103.021(4)(b), which requires obtaining signatures from one percent of registered voters in Florida. Thus, our ultimate question is how we should interpret these terms. We first focus on the term "national party." The term "national party" is not defined in section 103.021(4)(a) or in any other Florida legal authority....

...with the national party was disputed, the trial court recognized that some type of affiliation continued. The Reform Party of Florida filed its certificate for placement on the 2004 Florida presidential ballot with the Secretary of State pursuant to section 103.021(4)(a)....

...In the absence of more specific statutory criteria or guidance from the Legislature we are unable to conclude that a statutory violation occurred. We therefore reverse the trial judge's declaratory judgment and vacate the permanent injunction because section 103.021(4)(a) is not sufficiently clear to put the Reform Party of Florida on notice that it could not qualify under its provisions....

...voter choices more difficult because of the size of the ballot and hence would tend to impede the electoral process. Lubin, 415 U.S. at 715, 94 S.Ct. 1315. Florida's statutory scheme has properly enacted safeguards to protect our electoral process. Section 103.021 of the Florida Statutes (2003) requires that persons who seek to be a candidate for President on Florida's ballot must show substantial support, either by a valid signature provision, see § 103.021(4)(b), Fla. Stat. (2003), or by demonstrating that he or she was nominated at a national nominating convention of a minor party that is affiliated with a national party, see § 103.021(4)(a), Fla....

...der, along with minimizing frivolous candidacies to avoid confusion, deception, and frustration of the democratic process. Our system is legislatively designed so that minor parties affiliated with a national party holding a national convention, see § 103.021(4)(a), Fla. Stat. (2003), are treated differently than minor parties that are not affiliated with a national party holding a national convention, see § 103.021(4)(b), Fla....

...ting and *316 applying the statute. Most assuredly, the Legislature had the power to draft this statute using any language desired and it chose to include only the word "national" to qualify what specific party would be subject to subsection (4)(a). Section 103.021(4)(a) of the Florida Statutes utilizes the term "national" with regard to the description of the entity and with regard to its operation in two locations: (4)(a) A minor party that is affiliated with a national party holding a nationa...

...When the Department of State has been so notified, it shall order the names of the candidates nominated by the minor party to be included on the ballot and shall permit the required number of persons to be certified as electors in the same manner as other party candidates. § 103.021(4)(a), Fla....

...Were the Court to simply affirm the injunction and deny relief to the appellants in this case, a grave inequity would result because it may be properly advanced that the appellants were not afforded adequate notice as to what constituted a "national party" under section 103.021(4)(a), Florida States (2003)....

...principles relating to election consideration. This remedy serves to effect a balancing of the important interests and to protect the interests of all affected, including the public. In affording the appellants relief, it should be noted that unless section 103.021, Florida Statutes (2003), is modified to more specifically define the terms "national party" and "national convention," candidates participating in future elections should be forewarned that they must meet the criteria outlined....

...Those who fail to do so may be challenged and should ultimately be excluded from the ballot. ANSTEAD, J., dissenting. While I agree with the majority that a major impediment to judicial resolution of this case rests on the lack of a precise definition of the terms "national party" and "national convention" contained in section 103.021(4), I cannot agree that the absence of such precision compels us to ignore the requirements of section 103.021(4) altogether. I would approve the trial court's judgment because I believe it was absolutely faithful to the purpose and intent of the Legislature in enacting the provisions of section 103.021(4)....

...831, 105 S.Ct. 117, 83 L.Ed.2d 60 (1984) (upholding Florida's petition signature requirement for minor party candidates, which at the time was three percent of registered voters — a substantially more burdensome requirement than the one percent under current section 103.021(3)-(4), Florida Statutes)....

...ely contemplated that the relationship be a legitimate one and that the national party be an established party whose credibility would insure the credibility of the candidates associated with the party. The trial court here reasoned that in enacting section 103.021(4)(a), Florida Statutes, the Legislature surely did not intend the standards for national party, minor party, and national nominating convention to be meaningless....

...or party for placement of the candidate's name on the ballot shall be no greater than the requirements for a candidate of the party having the largest number of registered voters." [5] Minor party candidates may also access the ballot as provided in section 103.021(4)(b), Florida Statutes (2003)....

brackets. Chapter 22545, Acts of 1945, F.S.A. § 103.21, was a law and in effect at the time Chapter 23062

...Governor Askew moves for dismissal on the basis that he is an unnecessary party. Although the Secretary of State is the chief election officer, this motion must be denied because the Governor must certify the electors of the successful presidential candidate. Fla.Stat. § 103.021....

...t presidential candidate does not open the door to frivolous candidacies. There must be a showing of substantial support, as Senator McCarthy has, before an independent candidate's name can be placed on the ballot for President. NOTES [1] Fla.Stats. § 103.021(3) reads where pertinent as follows: "Minor political parties which have not elected a president since January 1, 1900, may have the names of their candidates for president and vice president printed on the general election ballots if a petition is signed by 1 per cent of the registered electors of Florida....

...1315, 39 L.Ed.2d 702 (1974); Bullock v. Carter, 405 U.S. 134, 92 S.Ct. 849, 31 L.Ed.2d 92 (1972); Dunn v. Blumstein, 405 U.S. 330, 92 S.Ct. 995, 31 L.Ed.2d 274 (1972); Jenness v. Fortson, 403 U.S. 431, 91 S.Ct. 1970, 29 L.Ed.2d 554 (1971). [5] Fla.Stat. § 103.021(3).

Appeals, § 308; 34 Am.Jur., Malicious Prosecution, § 103; 21 Fla.Jur., Malicious Prosecution, § 23. Appellants

...2 when it became a "minor political party" upon satisfying the conditions found in Fla. Stat.Ann. § 97.021(15). Early in May 1992, the Party began collecting petition signatures for plaintiff-candidates Phillips and Knight pursuant to Fla.Stat.Ann. § 103.021(3) which provides that a minor political party must nominate its candidate for president and vice president by means of a petition signed by one percent of the registered electors of Florida and filed no later than July 15....

...ntatives be extended to September. Exhibit C to document 6; document 7 at 5. This request was similarly denied by letter dated July 14, 1992. On July 15, 1992, plaintiffs filed this suit seeking declaratory and injunctive relief from Fla.Stat.Ann. §§ 103.021(3) and 99.061....

...97.063, Fla.Stat., and overseas voter under Sections 97.0631, 97.064 and 101.62, Fla.Stat. Affidavit of Dorothy W. Joyce, exhibit to document 21 at ¶ 8. Additional specific reasons for the July 15 cutoff date are found in subsections (3) and (4) of § 103.021, recognizing the need to verify and certify the names, and notify the Department of State by September 1....

...Defendant's motion for Summary Judgment (document 5) is GRANTED. 2. Plaintiff's (Cross) Motion for Summary Judgment (document 17) is DENIED. 3. The Clerk is directed to enter judgment accordingly. DONE AND ORDERED. NOTES [1] a/k/a United States Taxpayers Party of Florida. See document 24 at 4. [2] Section 103.021(3) provides, in pertinent part: A minor political party may have the names of its candidates for President and Vice President printed, and independent candidates for President and Vice President may have their names printed, on the ge...

..., the name of Milton Eisenhower would be included on the petition form solely as a surrogate candidate until such time as the actual selection had been made by Plaintiff Anderson. 8. Before August 15, 1980, Plaintiff Anderson met the requirements of Section 103.021(3), Florida Statutes, and filed more than the required number of petition signatures necessary to place the Plaintiff Anderson's ticket on the November 4, 1980 Florida general election ballot. 9. On or about September 2, 1980, the Department of State certified that Plaintiff Anderson and Milton Eisenhower had complied with the requirements of Section 103.021(3), Florida Statutes, and would be placed on the November 4, 1980 Florida general election ballot....

...Only by such withdrawal and substitution *1031 can the defendants avoid an impermissible infringement of the constitutionally protected rights of these plaintiffs. In accordance with all of the above, it is ORDERED AND ADJUDGED: 1. Sections 103.111, 103.021(2) and (3), Florida Statutes, and Defendants' prior interpretation of Section 99.0955 necessitate the extension of the provisions of § 100.111(3)(b) to independent vice-presidential candidate Patrick J....

The term “national party” is not defined in section 103.021(4)(a) or in any other Florida legal authority

...DECLARATORY JUDGMENT AND INJUNCTION PER CURIAM. Plaintiffs are the candidates of the Socialist Worker's Party for the offices of President and Vice President of the United States. They challenge the constitutionality, under the equal protection clause of the Fourteenth Amendment, of § 103.021(3) of Florida Statutes, F.S.A., insofar as that section requires that candidates of minor parties for the office *1061 of President and Vice President of the United States must pay a certification fee of ten cents per name to the Supervisors of Registration of the counties in which their petitions are presented for certification. This certification fee is to cover the cost of certifying the number of registered electors contained on the petition. Florida Statutes § 103.021 F.S.A., defines a minor political party as one which has not elected a President of the United States since 1900; it provides that minor party candidates may have their names printed on the general election ballots if a petition is signed...

...andidate in order to preclude the ballot from being cluttered with the names of frivolous candidates. Jennes v. Fortson, 403 U.S. 431, 442, 91 S.Ct. 1970, 29 L.Ed.2d 554 (1971). However, plaintiffs' affidavit shows compliance with the requirement of § 103.021 that they obtain one per cent of the registered electors as signatories on their petition. The issue before this court is whether the requirement of § 103.021 of a certification fee of ten cents per name bears "close scrutiny" in the State's effort to accomplish legitimate State objectives....

general-election ballot by the governor. See Fla.Stat. § 103.021(1) & (2). To gain access to the ballot, minor-party

regulations under this sub-section. See 31 C.F.R. § 103.21 (1996); see also 61 Fed.Reg. 4331 (1996). The

with a qualified national party. Fla. Stat. § 103.021(4)(a)–(b). The Independent Party of Florida and