TBO.com - TBO is Tampa Bay Online

Local Voters Drop Write-In Lawsuit

ADVERTISEMENT

By TODD LESKANIC

The Tampa Tribune

Published: July 10, 2008

NEW PORT RICHEY - Two voters who filed a lawsuit to disqualify write-in candidate John M. Taylor and open the District 1 county commission primary to all Pasco County voters abandoned their claim Wednesday.

The dismissal means Taylor will remain on the ballot and only registered Republicans will be eligible to vote in the Aug. 26 primary pitting incumbent Ted Schrader against challenger John Nicolette.

The county's 170,000 voters registered as Democrats, independents or with smaller parties will be locked out of the primary, and that's exactly what Taylor has said he intended when he filed to run as a write-in candidate.

Steve Byle, a Democrat from Hudson, and Deborah Lopez, a Zephyrhills resident with no party affiliation, filed the lawsuit last month in hopes of blocking Taylor's candidacy and keeping the primary open. They argued in the suit that Taylor didn't live in District 1 and thus was ineligible to run for office there.

The lawsuit's real target was the loophole created by a 2000 ruling from the state Division of Elections. The agency decided a primary is not open to all voters if the race includes any write-ins. The ruling came two years after Florida voters approved a constitutional amendment that allows all voters to participate in primaries if the candidates come from the same party.

Attorney Robert Altman said his clients decided to abandon their lawsuit because Taylor's attorney has produced significant evidence that the candidate does reside in the district.

"The parties were in agreement that it's time we get it dismissed and move on and put the pressure on the Legislature to correct the loophole for the future," Altman said.

Initially, the plaintiffs based their claim on Taylor's failure to claim a homestead exemption on a property in Land O' Lakes, which is not in District 1.

Taylor's attorney, Dominic Fariello, has since filed documentation showing his client moved to temporary housing within the district four or five months ago. Fariello said Taylor will live there until his new house is completed. County records show the new house is also in District 1.

The lawsuit was also dropped because it was delaying the mailing of absentee ballots, Altman said. The supervisor of elections office must mail about 10,000 absentee ballots in time for the primary. About 20 percent of those are going to county voters living or serving in the military overseas.

Supervisor of Elections Brian Corley said Wednesday his staff will be working late so the ballots can be mailed Saturday.

"They're going out Saturday, whether we have to work until 3 in the morning," he said.

Reporter Todd Leskanic can be reached at (727) 815-1084 or tleskanic@tampatrib.com.

Share this:

Loading Comments...

Email Print

ADVERTISEMENT