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Suit Targets Write-In Candidates Loophole
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Published: July 1, 2008
Two registered voters have filed a lawsuit in Pasco County challenging the write-in candidate "loophole" in state election law.
They say the provision unfairly closed the Aug. 26 primary election in a county commission race, effectively disenfranchising 170,000 registered Democrats, Independents and minor party voters in Pasco.
Florida voters approved a constitutional amendment in 1998 to let all voters participate in primaries if all candidates in a race come from the same political party. In 2000, however, the state Division of Elections ruled that the primary is not open if the race includes any write-in candidates, who are considered general election candidates.
State Sen. Dave Aronberg, D-Greenacres, has been working to close the loophole, which he said politicians are exploiting.
"This scam affects not just Democrats but Independents and small parties," Aronberg said. "I would have been the plaintiff myself if I could have been, but I'm not a Pasco County voter. I have no standing."
The lawsuit, filed in Pasco County Circuit Court, names as defendants Supervisor of Elections Brian Corley and John M. Taylor, who, according to Aronberg, "filed as a write-in candidate with the admitted intent of exploiting the write-in loophole to disenfranchise all non-Republicans."
The plaintiffs in the case: Steve Byle, a Democrat from Hudson, and Deborah Lopez, a voter with no party affiliation from Zephyrhills. They seek Taylor's disqualification as a write-in candidate, which will open the election to them and all Pasco County voters.
A GOP-Only Affair
Taylor, who could not be reached for comment Monday, listed a San Antonio address as his primary residence, making him eligible to run in the election. According to county property records, Taylor claims a homestead exemption on property in Land O' Lakes.
Taylor last week acknowledged he joined the contest between two-term incumbent Pasco Commissioner Ted Schrader and Tampa firefighter John Nicolette, both Republicans, to ensure the race would be decided by the GOP.
The issue also has come up in Hillsborough County, in the District 2 county commission race between Commissioner Ken Hagan and Keystone neighborhood leader Tom Aderhold, both Republicans.
That race would have been open to all District 2 voters had Harold "Bud" Gleason not qualified as a write-in candidate.
Races for state House Districts 59 and 55 also will be closed thanks to write-in candidates.
Aronberg, who unsuccessfully filed a lawsuit in Lake County challenging the write-in loophole, said the latest challenge focuses on residency. Aronberg was behind a May law change that requires write-in candidates to live in the districts they seek to represent on qualifying day. Other candidates have until the day of the election or the day they take office to meet the residency requirement.
"Candidates wanting to stack the deck to their favor recruit sham write-in 'opponents' who have no intention of mounting a legitimate campaign," Aronberg said in a statement. "Because of the Division of Elections opinion, the primary is then closed, denying the right to vote to others."
Warding Off 'Sham' Candidates
Robert Altman of New Port Richey, pro-bono attorney for the plaintiffs, said he is "confident" the lawsuit will open the election to all Pasco voters. He also hopes the action will deter "sham candidates from outside the district who attempt to manipulate elections."
"It is a shame that these loopholes are being used to disenfranchise voters in Pasco County," Altman, a Democrat running for clerk of the circuit court, said. "I told Sen. Aronberg the real result needs to come from legislators, to close this loophole."
Whether the lawsuit will be heard in time to change Pasco ballots or a ruling would apply to future elections was unclear Monday.
Department of State spokeswoman Jennifer Davis said local elections supervisors set their own timelines for mailing absentee ballots.
"Some of the counties, their ballots went to print last week, so that ship has sailed," Davis said.
Corley, the Pasco supervisor, said 6,000 of the 10,000 requested absentee ballots had been printed as of Monday. He had planned to mail the ballots Thursday but instead asked the printer to halt production until he finds out when the lawsuit will be heard.
Of the 10,000 absentee ballots requested, about 2,000 come from Pasco voters who are overseas. The overseas ballots by law must be mailed 35 days before the upcoming election, or by July 21.
Corley said his attorney, Daniel L. Dwyer, plans to request an expedited hearing.
"We don't have an interest in the outcome. Our only concern is the timeline," Corley said.
Byle, who has a law degree but is not licensed to practice in Florida, said he hopes Taylor "does the right thing and bows out of this race."
"I am positive that a candidate for county commissioner who would devise or be party to a scheme to disenfranchise all Democrat and independent voters of this county would definitely be the wrong choice for Pasco," he said.
Reporter Catherine Dolinski contributed to this report. Julia Ferrante can be reached at jferrante@tampatrib.com or (813) 948-4220.
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