CopyCited 15 times | Published | Supreme Court of Florida
...Gen., for State of Florida ex rel. Monroe W. Treiman, relators. L.R. Huffstetler, Jr., in pro. per. BOYD and KARL, Justices. This cause comes before us on consolidated appeals from the order of the Circuit Court of the Second Judicial Circuit finding Section 105.031(4)(a), Florida Statutes, unconstitutional, original petition for writ of prohibition brought by Treiman, Bruce Smathers as Secretary of State, and the Elections Canvassing Commission, and an original petition for quo warranto filed by *974 Malmquist....
...The controversy sub judice arises from an election contest for the office of county judge of Hernando County, wherein Edwin Malmquist defeated Monroe Treiman, the incumbent, by six votes. Malmquist qualified to run for office on July 12, 1976, at which time he took the oath prescribed by Section 105.031(4), Florida Statutes, which requires the candidate to have been registered to vote in Florida in the last preceding general election....
...of election as provided by Section 102.161, Florida Statutes (1975), contending that Malmquist knowingly falsely represented to the Secretary of State that he was registered to vote in this state in the last preceding general election as required by Section 105.031(4)(a), Florida Statutes, and falsely signed the oath required of candidates for judicial office....
...Malmquist filed a motion to dismiss on the basis that he has violated no statute or constitutional provision which would expressly disqualify him from holding the office of county judge to which he was duly elected. The trial court dismissed the complaint with prejudice and held, to the extent Section 105.031(4) requires a candidate to be an elector of the state in the last preceding general election, it places a greater restriction than that imposed by Article V, Section 8, Florida Constitution, and, to such extent, is unconstitutional....
...ther jurisdiction in the quo warranto proceeding or to show cause why the suggestion should not be granted. Malmquist has now filed in this court a petition for writ of quo warranto to oust Treiman from the office of County Judge of Hernando County. Section 105.031(4), Florida Statutes, provides: "Oath of office....
...lem. However, it effectively forecloses the candidacy of all of those otherwise qualified persons who, because of age, illness, residence or other reason, failed or were unable to register to vote in a time period somewhere in the past. We find that Section 105.031(4)(a) does not serve any reasonable or legitimate state interest....
...The barrier it erects is an unnecessary restraint on one's right to seek elective office. Noteworthy is the fact that this restriction applies solely to candidates for judicial office. No such similar restraint is placed on candidates for any other political office. For the foregoing reasons, we find Section 105.031(4)(a) unconstitutional....
CopyCited 14 times | Published | District Court, M.D. Florida | 1992 U.S. Dist. LEXIS 8829, 1992 WL 136684
...e in a runoff against the next highest vote-getter in the general election. Candidates must run for designated seats on the court, and must pay a candidate qualifying fee of five and one-half percent of the annual salary of the office. See Fla.Stat. § 105.031 (Supp.1992)....
CopyCited 13 times | Published | Supreme Court of Florida
...". This underlined information appearing in the oath is typewritten except for the arabic numeral 3. The number 3 is handwritten. Relator takes the position that "anything less than total compliance with the absolute statutory language of Fla. Stat. § 105.031(4) (b) [F.S.A.] renders Candidate Klein's oath of office legally defective as a matter of law so as to preclude his proper qualification and the respondent's subsequent certification of his candidacy." We cannot agree....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2008 WL 4327060
...name in her qualifying oath and in the election. Levey argues the trial court erred in its application of Florida law. We agree and reverse. Facts On May 2, 2008, Mardi Anne Levey filed to run for Circuit Court Judge in Broward County, Florida. See § 105.031, Fla....
...The Constitution also requires that a candidate for circuit court judge have been a member of the Florida Bar for the preceding five years. The Florida Constitution does not specify what name a candidate must use on a ballot. "Qualifying" to run in a non-partisan judicial election is controlled by section 105.031, Florida Statutes (2007). To qualify, a candidate must file an oath substantially in the form provided by statute. § 105.031(4)(b), Fla....
...ing five years, albeit under the name of Mardi Levey Cohen. The question to resolve is whether she properly qualified to run in the election. The single challenge to her "qualifying" is whether Levey could use her maiden name on the oath required by section 105.031(4)(b). Section 105.031(4)(b) instructs the candidate to "please print name as you wish it to appear on the ballot." The term "name" is not defined within the statute or in any other Florida statute pertaining to elections....
...Conclusion The trial court erred in its application of Florida's statutory and case law to the *695 facts of this case. Levey was eligible to run for office, pursuant to Article V, section 8 of the Florida Constitution. Levey filed an oath in accordance with the requirements of section 105.031(4)(b), Florida Statutes (2007)....
CopyCited 5 times | Published | Supreme Court of Florida | 2008 WL 2082126
...y had begun. See Inquiry Concerning a Judge v. Timothy David Harley, No. SC08-685,
2008 WL 1930815 (Fla. Apr.30, 2008) (unpublished order) (approving stipulation and declaring Judge Harley to be involuntarily retired as of midnight, April 30, 2008); §
105.031, Fla....
...tart of the election process." Sheriff & Judicial Vacancies,
928 So.2d at 1221. Pursuant to the Florida Statutes, the 2008 "election process" for Leon County Court Seat 5 commenced at noon on April 28, 2008 and terminated at noon on May 2, 2008. See §
105.031, Fla....
CopyCited 5 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 453, 2010 Fla. LEXIS 1118, 2010 WL 2720459
...I accepted Judge Ackerman's resignation on May 28, 2010. Prior to his resignation, Judge Ackerman's term of office was scheduled to expire on January 3, 2011. The new term, commencing on January 4, 2011, is scheduled to be filled by regular election this year. Pursuant to section 105.031, Florida Statutes, the time for qualifying to run for this seat began at noon on April 26, 2010, and ended at noon on April 30, 2010....
CopyCited 5 times | Published | Supreme Court of Florida | 2002 WL 1472811
...We find the facts of that case to be distinguishable from the facts set forth in your letter on the basis that in Pincket no person had qualified for the election at the time the vacancy occurred because the qualification period had not yet occurred. See id. at 285; § 105.031(1), Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2006 WL 2521401
...te for this primary election. Plaintiff contends that Defendant failed to timely file the appointment of Campaign Treasurer and Designation of Campaign Depository for Candidates, Form DS-DE 9 (Plaintiff's Exhibit 1) as required by Florida Statutes §§
105.031(5)(a)(4) [1] and
106.021(1)(a). [2] *1168 Plaintiff also asserts that the check presented for payment of his filing fee as required by §
105.031(5)(a)(1) is not a properly executed check drawn upon his campaign account....
...[4] Finally, the qualifying check, dated July 19, 2006, was presented, filed and date stamped at 8:19 a.m. §
106.021(1)(a) prohibits campaign contributions and expenditures until the candidate has appointed a treasurer and designated a primary campaign depository. [5] §
105.031(5), while not explicitly including such a prohibition, does refer to §
106.021 in referencing the appointment and designation form....
...The expenditure was made at the time of presentment. Does the fact that Defendant Sanchez-Gronlier opened an account with an improper campaign contribution mean that the check he presented to the Division of Elections was not properly executed? If so, § 105.031(5)(a)(1) provides that he should be disqualified....
...It is hereby DECLARED that Defendant Sanchez-Gronlier is in violation, of §
106.021 but that removal from the ballot is not warranted. It is further ORDERED AND ADJUDGED that Plaintiff's motion and action for injunctive relief is hereby DENIED and the Plaintiff shall go hence without day. Affirmed. [*] NOTES [1] §
105.031(5)(a) requires: (a) In order for a candidate for judicial office ....
...As a result, Sanchez-Gronlier believes that Plaintiff has "unclean hands" and should not be entitled to equitable relief such as the injunction sought here. [4] This form, not listed in the Division of Elections memo referenced earlier, is also required by § 105.031(5)(a)(4)....
...day of the period. These stealth candidates, knowing that they must present a check from their campaign account to qualify, will open the account in the same manner as occurred here. This Court recommends that the legislature consider amending both §
105.031 and §
106.021 to more clearly state that loans to a campaign by a potential candidate are contributions within the scope of these sections in an effort to address and prevent violations such as that which occurred here....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2016 Fla. App. LEXIS 15905
...Turning to the declaratory and injunctive relief claims filed by Bloch against
Del Rey, we affirm the trial court’s dismissal order and find Bloch’s arguments are
without merit, as Del Rey substantially complied with the statutory qualifying
requirements set forth in section 105.031, Florida Statutes (2016).
As a preliminary matter, the issue before us involves compliance with the
statutory requirements to qualify as a candidate for judicial office, rather than the
constitutional requirements of eligibility to hold judicial office....
...A sworn statement which identifies each separate source and
amount of income which exceeds $1,000. The forms for such source
8
before us is whether Del Rey complied with the requirements as set forth in section
105.031, such that she qualified to run as a candidate for judicial office.
Section 105.031 establishes the statutory requirements and deadlines for an
individual to qualify as a candidate for judicial office....
...The statute mandates, inter
alia, payment of a qualifying fee (or submission of a petition), and execution and
submission of certain oaths and documents. For our purposes, the relevant
provisions are found in subsections (5)(a)5., (5)(b), and (6) which provide:
105.031....
...filing officer may accept and hold qualifying papers submitted not
earlier than 14 days prior to the beginning of the qualifying period, to
be processed and filed during the qualifying period.
Pursuant to the requirements of section 105.031, the Florida Commission on
Ethics promulgated a form entitled “Form 6 Full and Public Disclosure of
Financial Interests.”9 It is this form which must be filled out, executed, sworn to
and filed with the Division of Elections pr...
...me, and the address and
principal business activity of that source.
Upon our review of the Form 6 filed by Del Rey, we hold that the trial court
properly determined that Del Rey substantially complied with the requirements of
Form 6 and section 105.031....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...perly qualify as a
candidate for election to the school board in Madison County
because he paid his qualifying fee using a cashier’s check
purchased with funds from his campaign account rather than a
check drawn upon his campaign account. We find section
105.031(5)(a)1., Florida Statutes (2017), is unambiguous and
required a check drawn upon his campaign account....
...The supervisor sought a declaratory
judgment as to whether appellant’s decision to pay his qualifying
fee using a cashier’s check disqualified him because it did not
meet the statutory requirement of a “check drawn upon the
candidate’s campaign account.” § 105.031(5)(a)1., Fla....
...everything he needed to do to qualify except submit a check from
the campaign account. He did not dispute appellant’s claim that
he purchased the cashier’s check with funds from the campaign
account. However, the supervisor argued appellant did not satisfy
section 105.031(5)(a)1., Florida Statutes, which requires a
candidate for the school board to submit a “check drawn upon the
candidate’s campaign account,” and only permits the candidate to
use a cashier’s check “[i]f a candidate’s check is returned by the
bank for any reason,” which was not the case here....
...Thus, it does not meet the requirement of
a check drawn upon the campaign account. As such, the court
found appellant failed to qualify and instructed that appellant’s
name not appear on the ballot for the primary race to be
conducted on August 28, 2018.
ANALYSIS
Appellant argues section 105.031(5)(a)1....
...Pertinent Statutes
Questions of statutory interpretation are subject to de novo
review. Borden v. E.-European Ins. Co.,
921 So. 2d 587, 591 (Fla.
2006).
Because appellant seeks to run for the office of school board
member, the operative statute in this case is section
105.031(5)(a)1.:
(5) Items required to be filed.--
(a) In order for a candidate for judicial office or the office
of school board member to be qualified, the following
items must be received by the filing officer by the end of
the qualifying period:
1....
...such notification is received, excluding Saturdays,
Sundays, and legal holidays, to pay the fee with a
cashier’s check purchased from funds of the campaign
account. Failure to pay the fee as provided in this
subparagraph shall disqualify the candidate.
§
105.031(5)(a)1., Fla. Stat. (2017) (emphasis added).
Appellant notes that while there is not an abundance of case
law interpreting section
105.031(5)(a)1., there is more case law
interpreting section
99.061(7)(a)1., Florida Statutes, which
applies broadly to filing fees for candidates for federal, state,
district, or county offices other than judicial or school board
member. §
99.061(1)-(3), Fla. Stat. This statute includes nearly
5
identical language as section
105.031 with regards to payment of
the qualifying fee:
(7)(a) In order for a candidate to be qualified, the
following items must be received by the filing officer by
the end of the qualifying period:
1....
...holidays, to pay the fee with a cashier’s check purchased
from funds of the campaign account. Failure to pay the
fee as provided in this subparagraph shall disqualify the
candidate.
§
99.061(7)(a)1., Fla. Stat. (2010) 1 (emphasis added).
II. Whether section
105.031(5)(a)1....
...2003)).
Appellant argues “ambiguity exists as to whether it is
permissible to pay the qualifying fee with a cashier’s check
purchased with campaign account funds without first attempting
to pay with a check drawn upon the campaign account.” 2
We find section 105.031(5)(a)1. clearly sets forth a process. It
requires that a candidate “must” submit “by the end of the
qualifying period” a “check drawn upon the candidate’s campaign
account.” § 105.031(5)(a)1., Fla....
...filing a cashier’s check from the time the candidate receives
notice of the returned check, the statute clearly contemplates a
2 We find the trial court correctly determined that a cashier’s
check is not a “check drawn upon the candidate’s campaign
account” as required by section 105.031(5)(a)1., Florida Statutes,
because a cashier’s check is drawn upon the bank....
...condition that the campaign check is returned by the bank. Thus,
there is no ambiguity.
III. Applicability of the Doctrines of Substantial Compliance and
Absurd Result
Appellant argues the trial court erred by interpreting section
105.031(5)(a)1....
...instead. His hesitancy to use a starter check is understandable
3 In his reply brief, appellant argues the Wright court’s
determination that section
99.061(7)(a)1., Florida Statutes, was
not ambiguous is not binding on this court, even though section
105.031(5)(a)1., Florida Statutes, contains similar language,
because Wright considered a different aspect of the statute....
...was
ambiguous as to whether a candidate whose check was returned
due to bank error after the end of the qualifying period could still
submit a cashier’s check. Wright,
200 So. 3d at 771-72. In
contrast, the issue here is whether a candidate may submit a
cashier’s check without first using a campaign check under
section
105.031(5)(a)1....
...that all contributions and all expenditures flow
through the checking account”). As such, the supervisor argues
that requiring candidates to initially use a campaign check to pay
the qualifying fee is not an absurd result. We agree.
12
In summation, we find section 105.031(5)(a)1....
CopyCited 3 times | Published | District Court, M.D. Florida | 1973 U.S. Dist. LEXIS 13927
...unconstitutional those sections of Florida's election law which require that a candidate for a political party's nomination pay, as a condition of qualifying, five percent of the annual salary of the office sought. Fla.Stat. §§
99.061,
99.092, and §
105.031, F.S.A....
...that meets constitutional standards. A copy of that Order is appended to this opinion. *307 APPENDIX BY THE COURT: 1. This is an action for declaratory and injunctive relief challenging as unconstitutional Florida Statutes 99.92(1),
103.131(g), and
105.031(3), which require a filing fee and party assessment of candidates seeking public office in an amount equal to 5% of the annual salary for such office....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1997 WL 765659
...ed the expenditure limits and false report qualifying contributions. (Footnotes omitted). At the time the action for declaratory judgment was filed, the Act provided that proceeds from filing fees and assessments pursuant to sections
99.092,
99.093,
105.031, 106.04,
106.07, and
106.29 shall be deposited *154 into the Trust Fund as designated in those sections....
...Whether, after the termination of the Election Campaign Financing Trust Fund on November 4,1996, the Division of Elections and the Secretary of State may continue to collect filing fees or elections assessments designated to the trust fund under sections
99.092,
99.093,
105.031, fines and penalties designated to the trust fund under sections 106.04(8)(a),
106.07(8)(a), and
106.265, Florida Statutes, or contributions made to the trust fund under sections 199.052(14),
320.02(13),
322.08(7)(a), 327.25(11), and
607.1622(1)(h), Florida Statutes....
...Finally, we reject the appellants' assertion that the 1997 Legislature, by amending the election laws to no longer require the collection of the portion of the candidate filing fees and elections assessments earmarked for the terminated Trust Fund, has now clearly spoken. The legislature amended sections
99.092,
99.093,
105.031, 106.04,
106.07, and
106.29 by deleting the provisions transferring amounts to the Trust Fund and by reducing the fee or assessment in some cases....
...Section
99.093, Florida Statutes (1995), provided that each person seeking to qualify for election to a municipal office shall pay an election assessment equal to 1.5 percent of the annual salary of the office sought, and that one-third of the amount collected shall be transferred to the Trust Fund. Section
105.031, Florida Statutes (1995), provided that each candidate qualifying for election to judicial office, except write-in judicial candidates, shall pay a filing fee equal to 4.5 percent of the annual salary of the office....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2000 WL 33258310
...or election or appointment to the office of county court judge unless the person is, and has been for the preceding 5 years, a member in good standing of the bar of Florida prior to qualifying for election to such office . . . . (Emphasis supplied). Section 105.031(4)(b), Florida Statutes (1999), mandates that a candidate for judicial office "subscribe to an oath or affirmation in writing" which is to be filed "upon qualifying." The statutory form of the oath provides for the candidate to swear...
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 9198, 2010 WL 2675351
...ing to elections. Significantly, the oath does not require candidates to print any particular name, not the name as it appears on their drivers license, voter’s registration, nor Florida Bar license. Levey,
990 So.2d at 692-93 . We recognized that section
105.031(4)(b) contemplated that a candidate might properly use more than one form of a name on a ballot. The statute imposes no requirement or preference for any form of name. Levey observed that in the context of section
105.031, the term “name” “connotes any legal form of name the person is entitled to use and have printed on the ballot.”
990 So.2d at 693 ....
...t she was “entitled to use and have printed on the ballot.” Id. This court recognized that in Florida, a woman does not lose her birth-given name , upon marriage. I d. (citing Davis v. Roos,
326 So.2d 226 (Fla. 1st DCA 1976)). For the purpose of section
105.031(4)(b), appellant’s decision to place his birth name on the ballot is akin to Mardi Anne Levey’s use of her maiden name on the ballot in Levey ....
CopyCited 1 times | Published | Florida 4th District Court of Appeal
...n
ballot.
In Levey v. Dijols,
990 So. 2d 688 (Fla. 4th DCA 2008), this Court dealt
with the issue of a judicial candidate who had used her maiden name on
the ballot. We discussed the definition of “name” in the context of the
statute:
Section
105.031(4)(b) instructs the candidate to “please print
name as you wish it to appear on the ballot.” The term “name”
is not defined within the statute or in any other Florida statute
pertaining to elections....
CopyPublished | Florida 1st District Court of Appeal
...and any remedy Levey or
others aggrieved by the amendment may have lies with the Legislature, not the
courts.
AFFIRMED.
RAY, J., CONCURS; BENTON, J., dissents with opinion.
2
Notably, in the same session law, the Legislature amended section 105.031,
governing qualifying for nonpartisan offices, but did not eliminate the 48-hour cure
period provided in that law. See Ch. 11-40, § 51, at 56, Laws of Fla.; §
105.031(5)(a)1., Fla....
CopyPublished | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 387, 2016 Fla. LEXIS 2044, 2016 WL 4945053
...notification is received, excluding Saturdays, Sundays, and legal holidays, to pay the fee with a cashier’s check purchased from funds of the campaign account. Failure to pay the fee as provided in this subparagraph shall disqualify the candidate. § 105.031(5)(a) 1., Fla. Stat. (2016); see also Ch.2011-40, § 51, Laws of Fla. (2011) (amending section 105.031, but not removing this provision)....
...However, it effectively forecloses the candidacy of all of those otherwise qualified persons who, because of age, illness, residence or other reason, failed or were unable to register to vote in a time period somewhere in the past. Id. We struck down that requirement as unconstitutional: We find that Section 105.031(4)(a) does not- serve any reasonable or legitimate state interest....
...The barrier it erects is an unnecessary restraint on one’s right to seek elective office. Noteworthy is the fact that this restriction applies solely to candidates for judicial office. No such similar restraint is placed on candidates for any other political office. For the foregoing reasons, we find Section 105.031(4)(a) unconstitutional....
CopyPublished | Florida 1st District Court of Appeal | 2012 Fla. App. LEXIS 19844, 2012 WL 5689272
PER CURIAM. Appellants raise several challenges to the constitutionality of qualifying fees for unopposed judicial candidates. See § 105.031, Fla....
CopyPublished | District Court of Appeal of Florida
candidate’s campaign account” as required by section
105.031(5)(a)1., Florida Statutes (2017). Here, there
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Oct 11, 2024
county-wide primary elections. See, e.g., Fla. Stat. §
105.031(1) (explaining “nonpartisan candidates
CopyAgo (Fla. Att'y Gen. 1976).
Published | Florida Attorney General Reports
Division of Elections." (Emphasis supplied.) Section
105.031 goes on to specify the manner in which candidates
CopyPublished | District Court of Appeal of Florida
(2018). 3 Art. V, § 8, Fla. Const. 4 §
105.031(1), Fla. Stat. (2017).
CopyPublished | Florida 4th District Court of Appeal
...ate forty-eight hours to
cure the deficiency with a cashier’s check purchased from funds of the
campaign account. Id.
5 The Florida Supreme Court noted that it was a non-partisan election but stated
no party argued the election was governed by section
105.031, Florida Statutes
(2016). Wright,
200 So. 3d at 773. Regardless, the requirement to pay by a check
drawn on the campaign account exists in both sections
99.061 and
105.031....
...If such a motion is filed, any response must
be filed by noon on March 1, 2024. The filing of a motion will not extend
or toll the time to file such a post-opinion motion.
7 Boatman involved a school board election and is governed by a different statute.
See Boatman,
254 So. 3d at 607-08 (citing §
105.031(5)(a)1., Fla....
CopyPublished | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 829, 2001 Fla. LEXIS 2309, 2001 WL 1628487
...st be met at the time the oath of candidate is filed. The Fourth District reasoned that the present tense used in the oath means the candidate must be presently qualified, that is, qualified at the time the oath is completed and filed. 7 Pursuant to section 105.031(4)(b), Florida Statutes (2000), all candidates for judicial office must file an oath in substantially the following form: State of Florida County of_ Before me, an officer authorized to administer oaths, personally appeared (please pr...
...o run in Broward County while an active judge in Dade County. The Fourth District Court of Appeal in Miller v. Gross,
788 So.2d 256 (Fla. 4th DCA 2000), found Miller was not qualified to run in Bro-ward because her legal residence was Dade County. . Section
105.031(4)(b), Florida Statutes (1999), provides: (b) All candidates for judicial office shall subscribe to an oath or affirmation in writing to be filed with the appropriate qualifying officer upon qualifying....
...The 2001 election reform package, however, is silent on this topic. . The oath requires the candidate to attest that "he or she is qualified under the constitution and laws of Florida to hold the judicial office to which he or she desires to be elected or in which he or she desires to be retained.” § 105.031(4)(b), Fla....
CopyPublished | District Court of Appeal of Florida
Financial Disclosure (Form 6) required by Fla. Stat. §
105.031(5)(a)5. It is undisputed that Hoover had
