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Democrats Question Candidate's Eligibility

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By JULIA FERRANTE

The Tampa Tribune

Published: June 24, 2008

The Pasco County Democratic Party is considering a legal challenge to remove write-in candidate John Taylor from the November ballot after the District 1 county commission candidate's residency was called into question.

Alison Morano, chairwoman of the local Democratic executive committee, said Monday she has "absolute and definite concerns" about Taylor's candidacy, which has forced a closed Republican primary in the race.

Morano also wonders if Taylor, who conceded he entered the race so that only Republicans could vote in the primary, truly is qualified to run.

"I am extremely concerned they are cutting off the votes of 107,000 Democrats and 67,000 independent voters in a race that affects all of the citizens of Pasco," Morano said. "And I'm concerned about the legality of that. I don't think putting an answering machine in a residence qualifies as living there. He is taking advantage of a loophole."

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.

The state law governing write-in candidates' residency changed in May 2007 so that write-ins must live in the district they are seeking to represent on qualifying day.

State Sen. Dave Aronberg, D-Greenacres, who initiated the law change, said the provision is intended to prevent candidates from entering a contest to close a primary.

"We are considering legal action to undo this obvious attempt to disenfranchise the Pasco County voters," Aronberg said. "This is a sham. It is undemocratic. It is disgusting, and it needs to be fixed."

Taylor last week conceded he joined the contest between two-term incumbent Pasco County Commissioner Ted Schrader and Tampa firefighter John Nicolette, both Republicans, to ensure the race would be decided by the GOP.

Even though he is a Republican, Taylor's entry as a write-in means that only Republicans will be able to vote in that primary. The winner would face Taylor, whose name would not appear on the ballot, Supervisor of Elections Brian Corley said.

Taylor filed a change of address form June 17 showing a residence in the San Antonio area, Corley said. In March, he changed his party affiliation from Democrat to Republican, although there is no prohibition on party changes.

Corley said his office does not have the authority to investigate residency.

"We are ministerial in nature," he said. "I don't have the authority to investigate. And what determines residency? ...You could live in a room in a house and call that your residence."

The Florida Elections Commission would not confirm a complaint had been filed.

Jennifer Davis, of the Florida Division of Elections, said such challenges typically are filed in circuit court. The state attorney also may investigate whether a felony was committed if a candidate lies in an oath saying he or she is qualified for office.
Schrader called Taylor's candidacy "another little wrinkle in this game of politics" but said he does not plan to join the Democrats' objections.

"I'm prepared to stand before the voters, whether they are Republicans only or Democrats and Republicans," he said.

Nicolette could not be reached for comment.

Reporter Julia Ferrante can be reached at (813) 948-4220 or jferrante@tampatrib.com.

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