CopyCited 19 times | Published | Supreme Court of Florida | 1993 WL 380207
...Op.Div.Elec.Fla. 87-16 (1987), partially receded from on other grounds, Op.Div.Elec. Fla. 91-01 (1991) (emphasis added). Supervisors of elections are bound by advisory opinions of the Division of Elections until such opinions are amended or revoked. § 106.23, Fla....
CopyCited 19 times | Published | Florida 1st District Court of Appeal | 1994 WL 592242
...ominated, whether expenditures by that candidate in the gubernatorial race would be required to be counted toward the $2,000,000 limit for cabinet officers under the Act. On September 16, 1994, the Division of Elections rendered, as authorized in subsection 106.23(2), Florida Statutes (1993), Advisory Opinion DE 94-17 advising that, if a present candidate for cabinet office withdrew his candidacy after September 15, the Republican Party could designate as the nominee of the party for this cabine...
...The Division of Elections is statutorily charged with the administration of the provisions of chapter 106, Florida Statutes, governing campaign financing. It is explicitly authorized to issue advisory opinions construing the provisions of this chapter. §§
106.22-.23, Fla. Stat. (1993). Subsection
106.23(2) provides that the Division's "opinion, until amended or revoked, shall be binding on any person or organization who sought the opinion or with reference to whom the opinion was sought, unless material facts were omitted or misstated...
...e currently headed by Mr. Smith as Secretary of State. This was error because the record shows that Mr. Smith was not involved and did not participate in any way in the preparation of that opinion or review and approve it before it was released. [6] Section 106.23 does not require that the Secretary of State personally participate in the preparation of advisory opinions or that he review and approve an opinion before its release by the Division....
...e parties, the stipulated appendices (including the advisory letter dated September 16, 1994, from Dorothy W. Joyce, Director of the Division of Elections to Tom Slade, Chairman of the Republican Party of Florida, which letter was issued pursuant to section 106.23(2), Florida Statutes), and oral argument of counsel, the issues raised by this appeal and cross-appeal are resolved as follows: 1....
CopyCited 11 times | Published | Supreme Court of Florida | 2000 WL 1725434
...The Appeal Proceedings Concerned that the recounts would not be completed prior to the deadline set forth in section
102.111(1), Florida Statutes (2000), requiring that all county returns be certified by 5 p.m. on the seventh day after an election, the Palm Beach County Canvassing Board, pursuant to section
106.23, Florida Statutes (2000), sought an advisory opinion from the Division of Elections, requesting an interpretation of the deadline set forth in sections
102.111 and
102.112....
CopyCited 3 times | Published | District Court, N.D. Florida
...Defendant makes the dubious argument that the Opinion constrains only the Alachua County supervisor of elections. ECF No. 20, at 6 (Advisory Opinions "bind[ ] only the 'person or organization who sought the opinion or with reference to whom the opinion was sought ...") (quoting Fla. Stat. § 106.23 (2)....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2000 WL 1180231
his Statement of Candidate as required by section
106.023, Florida Statutes, to the supervisor of elections
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit
...The Secretary of State is the chief election officer of Florida, and it is her responsibility to "[o]btain and maintain uniformity in the application, operation, and interpretation of the election laws." 41 Fla. Stat.
97.012(1) (2000). 54 Pursuant to section
106.23(2), 42 the Division of Elections, a division within the Department of State, issued three advisory opinion letters on November 13, 2000, advocating the machine model for counting votes under the statutory system....
...rovisions or possible violations of Florida election laws with respect to actions such supervisor, candidate, local officer having election-related duties, political party, committee, person, or organization has taken or proposes to take. Fla. Stat. 106.23(2)....
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit | 1983 U.S. App. LEXIS 15866
...John Sullivan was a declared candidate for the office held by Wilma Sullivan; he was elected and now serves as Supervisor of Elections for Leon County. Clifford Mason, a write-in candidate for the office of Supervisor of Elections for Leon County in the 1980 election, requested an advisory opinion pursuant to Fla.Stat. § 106.23(2) (1979), “about the Deputy Supervisor of Elections taking a leave of absence if he is a candidate.” Mason’s request made no mention of either appellant or of the office of Supervisor of Elections for Leon County....
...of Appeal, First District. The court dismissed their petition for review, however, because it lacked subject matter jurisdiction to review such “an advisory opinion.” Appellants then brought this suit on June 6, 1981, seeking a declaration that § 106.23(2) is invalid, both facially and as applied, under the fourteenth amendment. Appellants alleged that § 106.23(2) is unconstitutional because it does not provide notice to and a hearing for persons who might be affected by a Division of Elections’ advisory opinion....
...acial Equality v. Douglas,
318 F.2d 95, 100 (5th Cir.1963). We have carefully examined the allegations of appellants’ amended complaint and the arguments on appeal, and cannot discern how there is any case or controversy here as to the validity of §
106.23(2)....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1993 WL 33806
...NOTES [1] Finding that it would be impracticable to amend the ballot, the circuit court directed that the election go forward and the votes be tabulated. However, the court has enjoined the Supervisor from certifying the election results pending the outcome of this appeal, which we have agreed to expedite. [2] See § 106.23(2), Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
... Case: 20-12003 Date Filed: 09/11/2020 Page: 113 of 200
an LFO advisory opinion from the Division, and they will be immune from
prosecution if they rely on the advisory opinion in good faith. See id. at 1206–07,
1214–16, 1315. See Fla. Stat. § 106.23(2) (setting forth the advisory opinion
process)....
...possible miscarriages of
justice.”). 11
B
The Director of the Division of Elections testified that, to avoid risk of
prosecution, a felon may request an advisory opinion. Under Fla. Stat. § 106.23(2),
any person who relies on an advisory opinion in good faith will be immune from
prosecution. But that statute does not make clear that the advisory opinion process
is available to any individual with questions about his or her eligibility to vote. See
§ 106.23(2) (“The Division of Elections shall provide advisory opinions when
requested by any supervisor of elections, candidate, local officer having election-
related duties, political party, affiliated party committee, political committee, or...
CopyPublished | Court of Appeals for the Eleventh Circuit
... Case: 20-12003 Date Filed: 09/11/2020 Page: 113 of 200
an LFO advisory opinion from the Division, and they will be immune from
prosecution if they rely on the advisory opinion in good faith. See id. at 1206–07,
1214–16, 1315. See Fla. Stat. § 106.23(2) (setting forth the advisory opinion
process)....
...possible miscarriages of
justice.”). 11
B
The Director of the Division of Elections testified that, to avoid risk of
prosecution, a felon may request an advisory opinion. Under Fla. Stat. § 106.23(2),
any person who relies on an advisory opinion in good faith will be immune from
prosecution. But that statute does not make clear that the advisory opinion process
is available to any individual with questions about his or her eligibility to vote. See
§ 106.23(2) (“The Division of Elections shall provide advisory opinions when
requested by any supervisor of elections, candidate, local officer having election-
related duties, political party, affiliated party committee, political committee, or...
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 21620
not acted unreasonably and denied the motion. Section
106.23(2) provides: The Division of Elections shall
CopyAgo (Fla. Att'y Gen. 2000).
Published | Florida Attorney General Reports
...ection
102.166 (4), Florida Statutes. Sincerely, Robert A. Butterworth Attorney General RAB/t 1 The validity of the opinion of the Division of Elections is questionable since it appears to exceed the authority granted to the division by Florida law. Section
106.23 (2), Florida Statutes, provides the division with the authority to render advisory opinions interpreting the election code to, among others, a political party relating to actions such party has taken or proposes to take....
CopyAgo (Fla. Att'y Gen. 1977).
Published | Florida Attorney General Reports
...It follows, therefore, that the supervisor of elections is not authorized to remove the names of such persons from the registration books until the judgment and sentence have been finally affirmed by the appellate courts or the time for such appeal has expired. Section 106.23 (2), F....
CopyPublished | Florida 4th District Court of Appeal
officers concerning campaign finance law. See §
106.023, Fla. Stat. (2009). Because we reach our conclusion
CopyPublished | Court of Appeals for the Eleventh Circuit | 2000 WL 1781942
...st take steps to “[p]rovide training to
all affected state agencies on the necessary procedures for proper implementation
of [the election laws].” Fla. Stat. §
97.012(8) (2000).
36
Pursuant to section
106.23(2),42 the Division of Elections, a division within the
Department of State, issued three advisory opinion letters on November 13, 2000,
advocating the machine model for counting votes under the statutory system....
...violations of Florida election
laws with respect to actions such supervisor, candidate, local officer having
election-related duties, political party, committee, person, or organization
has taken or proposes to take.
Fla. Stat. § 106.23(2).
37
opinion issued by the Division of Elections....
CopyPublished | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 829, 2001 Fla. LEXIS 2309, 2001 WL 1628487
...The Division of Elections gave the same advice to Mendez when she inquired as to the deadline for meeting the residency requirement *1246 for judicial office. The Division of Elections’ advisory opinions are binding upon any person who seeks them. See § 106.23(2), Fla....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 19827
PER CURIAM. Appellant seeks review of an advisory opinion issued by the Division of Elections, Department of State, in accordance with section 106.23(2), Florida Statutes (1981)....
