State Supreme Court to take up state attorney write-in challenge?

Appeals court dismissed challenge to 'sham candidate'

JACKSONVILLE, Fla. – The Florida Supreme Court could decide the write-in candidate issue that has caused controversy in the race for state attorney in the 4th Judicial Circuit -- Clay, Duval and Nassau counties. 

The 1st District Court of Appeals agreed on July 1 with a Duval County judge's dismissal of a challenge to a write-in candidate in the race. But lawyers for a group of voters filed a document Tuesday as an initial step in asking the Supreme Court to consider an appeal of the lower-court decision.

Incumbent Angela Corey has opposition from two former employees, Wesley White and Melissa Nelson. No Democrats qualified in the race, so the August primary would have been open to all voters. Then Kenny Leigh, who acknowledges he is a supporter of Corey, filed as a write-in with the help of Corey's campaign manager at the time.

A lawsuit filed on behalf of voters claimed Leigh's candidacy was "a sham," and he was only running to force the Aug. 30 primary to be limited to Republican voters -- a move that leaves hundreds of thousands of Democratic and Independent voters unable to cast ballots.

White said it was underhanded political trick to re-elect Corey.

"I'm excited. I'd like to see 440,000 people given the right that all Americans enjoy, and should be allowed to enjoy, and that is the right to vote particularly for an election that is so important," White told News4Jax Wednesday.

Constitutional law expert and attorney Rod Sullivan said there's very little time for the state Supreme Court to re-open the case. He added that while it's extremely unlikely, it is possible the court could push back the Aug. 30 primary.

"With the election bearing down on everybody, it's very difficult for the Supreme Court to decide this issue and allow the election to go forward without a special election," Sullivan said. 

Sullivan said if the state Supreme Court decides to take up the case, it could not do it until Aug. 26, just days before the primary.

News4Jax spoke Wednesday with the other two campaigns about the state Supreme Court possibly getting involved.

A spokesperson for Corey's campaign said, "Everyone has the right to appeal and we respect the appeals process.” 

And a spokesperson for Nelson’s campaign told News4Jax, “It’s clear the state attorney and her campaign undertook a crass political trick, got caught doing it and then denied that.  We don’t necessarily see the legal argument, it seems the law allows for what is done. Whatever the court decides, so be it.”

Earlier this year, Judge Richard Townsend dismissed the lawsuit claiming Florida law gives no provision under the law to remove a candidate who has qualified to run for office, but added that the court did not find that the complaint was frivolous.

In affirming Townsend's opinion, the appeals court wrote:

“Appellants seek review of an order dismissing their complaint with prejudice for failure to state a cause of action. We expedited review at Appellants’ request. Appellants’ complaint raised two counts, one seeking a declaratory judgment that appellate Leigh’s write-in candidacy is a “sham” and therefore is not “opposition” within the meaning of Article VI, section 5(b) of the Florida Constitution, and the other a claim under 42 U.S.C. § 1983. ... We affirm the dismissal of the second count without comment.”

COURT DOCUMENT: Order granting defendant's motion to dismiss

Voters in 1998 approved a constitutional amendment that opens primaries to all voters if every candidate is from the same party. Courts have interpreted that to mean write-in candidates, though having little chance of winning in November, close primaries.

News4Jax checked with the three elections offices in the judicial circuit and found that 1,543 voters have re-registered as Republicans in the first three weeks of June. People have until Aug 1. to register to vote or change their affiliation.


About the Authors:

Scott is a multi-Emmy Award Winning Anchor and Reporter, who also hosts the “Going Ringside With The Local Station” Podcast. Scott has been a journalist for 25 years, covering stories including six presidential elections, multiple space shuttle launches and dozens of high-profile murder trials.