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Lawsuit Delays Absentee Ballots
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Published: July 3, 2008
A lawsuit seeking to disqualify write-in candidate John M. Taylor and open the District 1 county commission primary to all Pasco County voters is holding up the mailing of 10,000 absentee ballots.
Circuit Judge W. Lowell Bray Jr. today is set to consider expediting the case so that Supervisor of Elections Brian Corley can send out the ballots in time for the Aug. 26 primary. About 2,000 ballots are going to Pasco residents living or serving in the military overseas.
Bray is slated to hear oral arguments July 17, just four days before the deadline to mail the ballots. Corley halted printing because of the case.
"That is highly problematic, but we are at the mercy of the court," said Corley, who is named in the lawsuit because of his role as supervisor of elections. "I have some antsy candidates, but I can't give them a date."
Corley estimated it would cost $5,000 to $6,000 to reprint and distribute the ballots. About 6,000 already were printed.
"Quite frankly, it's logistics and timing," Corley said. "Some of these folks are serving in harm's way in places like Afghanistan, and it's difficult to get the ballots out to them."
The lawsuit, filed by two registered voters in Pasco, challenges the write-in candidate loophole in state election law.
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-ins, who are considered general election candidates.
The plaintiffs - Steve Byle, a registered Democrat in Hudson, and Deborah Lopez, a voter with no party affiliation from Zephyrhills - claim Taylor, a write-in candidate, does not meet a residency requirement. They seek to remove him as a candidate so that the primary is open not just to Republicans but also to 170,000 registered Democrats, Independents and minor party voters in Pasco.
State Sen. Dave Aronberg, D-Greenacres, has been working to close the loophole, which he said politicians are exploiting. He said Byle and Lopez contacted local Democratic officials and volunteered to serve as plaintiffs.
Taylor, who could not be reached for comment, 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 has 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.
Department of State spokeswoman Jennifer Davis said local elections supervisors set their own timelines for mailing absentee ballots, and Secretary of State Kurt Browning is not involved in the dispute.
Overseas ballots, by law, must be mailed 35 days before the upcoming election, or by July 21, Corley said. His attorney, Daniel L. Dwyer, requested the expedited hearing.
Reporter Julia Ferrante can be reached at (813) 948-4220 or jferrante@tampatrib.com.
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