HomeMy WebLinkAboutLegal Opinion_Verification of Petitions After Qualification_03/09/2010 k, YV
ATTORNEYS AT LAW
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JOHN CORBETT TELEPHONE (561) 586 -7116
TRELA J. WHITE TELECOPIER (561) 586 -9611
BRADLEY W. BIGGS *^
KEITH W. DAVIS*
R. MAX LOHMAN
ABIGAIL FORRESTER JORANDBY * Board Certified in City, County and Local Government Law
^ State Certified County and Circuit Court Mediator
TO: Lori McWilliams
FROM: Trela J. White, Esq.
RE: Qualifications for Municipal Elections
DATE: February 9, 2010
Pursuant to your inquiry regarding qualifications for the Tequesta municipal elections, I
offer the following:
1. The Village's Charter at Section 2.02 sets forth the requirements for qualifying
for elective office within the Village. Specifically, this section reads as follows:
Section 2.02. Qualifications and Disqualifications.
No person shall be eligible to hold any elective office of the Village unless said person
shall be a registered voter and resident of the Village. Any Village Councilmember who ceases
to possess these qualifications shall forthwith forfeit his or her office.
Any candidate seeking election as Councilmember s hall file with the Village Cler a
written notice to such effect from and including noon on the last Tuesday in January to and
includin noon on the second uesday in February in the year of the election, and shall pay such
1 ing fee as set by ordinance. S uch notice shall be signed by at least fifty (50) registered voter
of the Village of Tequesta and shall state the seat num er to which said candidate seeks to Fe
e ec e , e a e s p ace of residence, the candidate's age and any other data required by
law.
(Ord. No. 622 - 07/08, § 1, 12 -13- 2007/3 -11 -2008)
i
• 4
2. By the plain wording of the Charter provision, individuals seeking to qualify must
"file" written notice of their intent to stand for election with the Village Clerk on or before noon
on the second Tuesday in February in the year of the election. Such notice must be signed by at
least fifty (50) registered voters of the Village of Tequesta. Nothing in this section of the Charter v
indicates that the names of the fifty (50) registered voters must be verified by the Office of the
Supervisor of Elections prior to "filing" the notice with the Village Clerk.
3. If the individual seeking to qualify does not have the names of the fifty (50)
registered voters certified by the Office of the Supervisor of Elections prior to submitting them to
the Village Clerk, that individual runs the risk that one or more of the names he has submitted
may not be an actual registered voter and if any disqualified name reduces the number of
registered voters to less than fifty (50), the individual will not be qualified to seek elective office.
4. The Charter section that controls this facet of the election does not require
certification by the Office of the Supervisor of Elections prior to filing but the candidate is taking
a risk if he does not have the list of fifty (50) signatures pre - certified.
Should additional information be desired, please advise.
Y: \docs \Tequesta\Letters & Memos\Memo to Lori McWilliams- Elections- 2- 9- 20 10.doc
District Court of Appeal of Florida, First District.
Neil F. BAYNE, Petitioner,
V.
Dorothy W. GLISSON, as Secretary of State of the State of Florida, Respondent.
No. W -307.
Aug. 13, 1974.
Original proceeding for writ of mandamus to compel the Secretary of State to list petitioner as
a candidate for the State House of Representatives. The District Court of Appeal determined that
it was undisputed that a representation of petitioner was present in the office of the Secretary of
State ready to file all documents necessary to qualify petitioner as a candidate for State House of
Representatives, but was unable to do so before the statutory deadline because of large crowd
present in said office. The court held that such a bona fide effort to present qualification papers
and fees to the appropriate official met the requirement of the statute.
Writ granted.
West Headnotes
u Z KeyCite Citing References for this Headnote
v Elections
,o - 144VI Nominations and Primary Elections
144k126 Nomination by Primary Election
w 1441<126(4) k. Qualifications of Voters and Candidates. Most Cited Cases
Where representative of petitioner was present in office of Secretary of State before statutory
deadline, ready to file all documents necessary to qualify petitioner as candidate for State House
of Representatives, but was prevented from doing so by large crowd in said office and by
difficulty in finding correct room within said office, petitioner was entitled to be certified as a
candidate. West's F.S.A. 5 99.061(1)
U2 Z KeyCite Citing References for this Headnote
t - - 144 Elections
<P-- Nominations and Primary Elections
t.. 1441<126 Nomination by Primary Election
144k126 4 k. Qualifications of Voters and Candidates. Most Cited Cases
Physical presence in office of Secretary of State before statutory deadline by candidate or his
representatives, armed with necessary qualification papers and fees, making diligent bona fide
effort to present same to appropriate official, meets requirement of election filing deadline
statute. West's F.S.A. § 99.061(1)
*79 Barry S. Sinoff of Jacobs & Sinoff, Jacksonville, for petitioner.
Robert L. Shevin, Atty. Gen., William C. Sherrill, Jr., Asst. Atty. Gen., and Clinton H. Coulter, Jr.,
Tallahassee, for respondent.
PER CURIAM.
Pursuant to request, the time was shortened for briefs and hearing herein; nevertheless, we
have taken pains to give full consideration and careful study to the important issues here
involved.
The limited time factor and imminence of election impel us in the public interest to pronounce
promptly our judgment upon the ultimate question involved and to defer the court's opinion
proper, which will shortly follow.
We have arrived at our judgment in this significant matter after due deliberation and full
consideration of the briefs filed, applicable law and able oral argument presented before this
Court. Based upon the allegations contained in the Petition for Writ of Mandamus, the Motion to
Quash the Alternative Writ of Mandamus, and the Return of Respondent, together with the
Affidavits thereto attached and the statements made by the attorneys for the respective parties
during oral argument before this court, it is apparent that no factual issue exists and the
responses to questions from the Court during oral argument reflect that the appointment of a
Commissioner to take testimony and make findings of fact would be an exercise in futility
inasmuch as the Petitioner clearly and unequivocally establishes the presence of his
representative In the office of the Secretary of State of the State of Florida, ready, willing and
anxious to file all documents necessary to qualify petitioner as a *80 candidate for House Seat
24 of the Florida House of Representatives from Duval County, Florida, and Respondent candidly
concedes inability to prove a negative, to wit: that Petitioner's representative was not then and
there physically present in the office of the Secretary of State ready, willing and able to submit
the qualifying papers of petitioner. The preemptory writ of mandamus is accordingly granted,
and the Respondent, Secretary of State, is directed forthwith to accept and to file nunc pro tunc
the qualification papers and appropriate filing fees of the Petitioner, Neal F. Bayne, as candidate
for member of the Florida House of Representatives, House Seat 24, Democrat, from Duval
County, Florida, and shall certify Petitioner as such candidate and shall cause said candidate's
name to be placed upon the ballot and the absentee ballots for the 1974 General Election.
Formal Writ is withheld in the full confidence that Respondent will comply herewith.
Formal Opinion will follow. In view of the emergency nature of these proceedings and the
time factor involved, we dispense with the right to rehearing.
It is so ordered.
FORMA!_ OPINION
LU MWe are here called upon to determine whether the Secretary of State must accept the
qualification papers and fees of a prospective candidate when presented within the geographical
boundaries of the Office of the Secretary of State within the time prescribed by law even though
said papers and fees do not reach a designated election official within the office prior to the
deadline due to extraordinary circumstances not caused by the candidate.
Petitioner filed herein his Petition for Writ of Mandamus pursuant to Rule 4.5, subd. b Florida
Appellate Rules alleging Petitioner to be a resident and citizen of that geographical area of Duval
County, Florida within the boundaries of House Seat 24 of the Florida House of Representatives,
meeting all of the requirements for eligibility to ± .__ . ` and run for the office of Member of the
Florida House of Representatives, House Seat 24 as a democratic party candidate. He further
alleged that on Tuesday, July 23, 1974, he sent to Tallahassee his representative, the Honorable
Robert W. Gordon, Municipal Judge of Neptune Beach, Florida, bearing Petitioner's qualification
papers to be filed in accordance with Florida Statute 99.06111) that the said Robert W. Gordon
was inside the office of the Secretary of State (Department of State) at seven minutes before
twelve o'clock 0_ ', the " for filin , at which time said office was occupied by
...
approximately 100 persons, to wit: officials, news media personnel, candidates and
onlookers; that it was impossible to distinguish the 41~ office personnel from the other
persons In the mass confusion; that there were no visible signs instructing people to the
appropriate clerks for the filing of qualification papers; that Petitioner's representative began
asking where he could file such qualification papers and was finally directed toward a room
within the Office of the Secretary of State; that he heard an announcement indicating that the
last call was being made for the acceptance of qualification papers, whereupon he attempted to
enter the specific room wherein qualification papers were being accepted and filed, but was met
at the door by someone who halted his entrance and informed him that it was too late to
; he sought an audience with the Secretary of State who 'refused to perform her
ministerial duty and refused to accept and file' his qualification papers.
We issued our Alternative Writ of Mandamus, whereupon Respondent filed a Motion to Quash
same and simultaneously filed a return thereto.
The case was orally argued before this Court during which argument Respondent conceded
that the office of the Secretary of State encompasses a major portion of *81 an entire wing of
the Capitol Building and that qualification papers were accepted in one room within said complex.
An affidavit attached to Respondent's return reflects that in the outer hallway of the wing of the
Capitol Building in which the Secretary of State's office complex is located is a doorway with a
sign over it which reads 'Division of Elections', which door was locked on or about July 8, 1974,
and remained locked on July 23, 1974. A map of the office complex of the Secretary of State
attached to an affidavit flied by Respondent revealed that the main reception area of the office of
the Secretary of State is located at the easterly end of a hallway running east and west in the
south end of the Capitol Building and that the Division of Elections' office is the first room to the
Right as one enters the main reception area. However, an affidavit attached to Respondent's
return reflects that the receptionist for the Secretary of State recalled a man fitting the
description of Petitioner's representative 'at a point In time close to noon * * * asking where to
go to qualify.' The affidavit recites that the receptionist 'told him to take the first door to the
Left'.
It was conceded by Respondent during oral arguments that it was the custom and practice of
Respondent to close the door to the particular room in the office complex of the Secretary of
State in which qualification papers were filed at exactly twelve o'clock noon (the statutory
deadline for qualifying of candidates) and to accept the qualification papers of any candidates In
the room at that time although there may be a lapse of time before the actual receipt and filing
of the qualification papers. It was further conceded that there was no way for the Respondent to
know whether or not any candidate was in any other portion of the office complex because the
main entrance door was not blocked, locked nor checked and that Respondent could not in fact
refute by competent evidence the physical presence of Petitioner's representative in the office of
the Secretary of State (as distinguished from the room within the office complex In which
qualifying of candidates was accomplished) at the stroke of twelve o'clock noon, or prior thereto.
It therefore appears that there are no factual issues to be resolved, therefore nothing will be
accomplished by referring this case to a Commissioner for that purpose.
Accordingly, it is uncontradicted that Petitioner's representative was physically in the office of
the Secretary of State, but not in the room within that complex in which qualification papers
were to be filed, prior to the statutory deadline. Therefore, there being no factual issue, we must
resolve the question recited in the first paragraph of this opinion.
The exact point before us does not appear to have been heretofore considered in Florida, nor
are we aware of any case from any other jurisdiction exactly on point.
Florida Statute 99.061(l provides as follows:
'Nomination of candidates for state, county and United States offices; sworn statement,
receipt and filing fee.
(1) Candidates for nomination of any recognized political party for state offices of secretary of
state, attorney general, state comptroller, state treasurer, commissioner of education,
commissioner of agriculture, state senator, member of the house of representatives, supreme
court justice, circuit judge, state attorney and candidates for the offices of representatives to
congress, and United States senate are required to file their qualification papers and pay the
qualification fees and party assessment, if any has been levied, to the department of state at any
time after noon of the first filing date, which shall be the sixty-third day prior to the first primary,
but not later than noon of the forty -ninth day prior to the date of the first primary in the year in
which any primary is held.
(2) Candidates for nomination of any recognized political party for the office of governor and
lieutenant governor and *82 all other candidates for state offices are required to file their
qualification papers and pay their qualification fees and party assessment to the department of
state at any time after noon of the first filing date, which shall be the sixty-third day prior to the
first primary, but not later than noon of the forty -ninth day prior to the date of the first primary
in the year in which any primary is held.
(3) Candidates for nomination to a county office shall file their sworn statement and receipt
for party assessment with and pay their filing fees to the clerk of the circuit court of the county
who shall receive same in his capacity as clerk of the board of county commissioners of said
county at any time after noon of the first filing date, which shall be the sixty -third day prior to
the first primary, but not later than noon the forty -ninth day prior to the first primary in the year
in which any primary is held for the qualifying of such candidates. The clerk of the circuit court
shall remit to the secretary of the state executive committee of the political party to which the
candidate belongs within thirty (30) days after the closing of qualifying time the amount of the
Filing fee, two thirds of which shall be used to promote the candidacy of candidates for county
offices and members of the legislature.
(4) The department of state shall certify to the board of county commissioners within ten (10)
days after closing date for qualifying, the names of all duly qualified candidates for nomination
who are required by law to qualify with the department of state.
(5) Within five (5) days after the closing of qualifying time, the department of state or the
clerk of the circuit court, as the case may be, shall notify a candidate by registered mail of any
error in his papers or fees. Candidates notified shall have seventy-two hours from the time such
notification is received (excluding Saturdays, Sundays, and holidays) to correct any such error. If
a candidate does not correct such error within the prescribed period he shall be disqualified. This
subsection shall not apply to errors or omissions made in the amount of filing fees or the
designation of a district or the office for which the candidate qualifies.'
In resolving the question before us we must determine what act is sufficient to satisfy the
statutory requirement as above set forth. Although, as above stated, we are cited to no case
factually in point, the general philosophy of our Supreme Court was stated in State ex rel.
Sieaendorf v Stone Sun Ct Fla 1.972 266 So 2d 345 wherein that Court held that a technical
flaw in a candidate's qualifying papers should not prevent his candidacy, saying:
'Uterai and 'total compliance' with statutory language which reaches hypersensitive levels and
which strains the quality of justice is not required to fairly and substantially meet the statutory
requirements to qualify as a candidate for public office.'
Also affirming the philosophy that the public policy of Florida favors affording the people an
opportunity to make a choice in the election of their public officials is State v. 9-ray,
Sup Ct Fla 1953 69 So 2d 187 193 wherein the Court said:
'The tendency has been, and still is, to extend further the privilege of the people to participate
in their government and to elect officers originally appointed, rather than to curtail such
participation by the people.'
Several foreign jurisdictions have held that extraordinary circumstances justify that a
technically late filing of election papers or fees should be deemed as timely filed.
In the case of In Re Bayne, (1910) 69 Misc. 579, 127 N.Y.S. 915 the Court held *83 to be
timely a filing made two days after the time provided by Statute where the Secretary of State,
whose duty it was to make an explanatory compilation of the election laws and an election
calendar, had stated in the calendar that the final day for filing was the day on which the
questioned certificate was filed.
In People ex rel. Simmons v. Ham. (1907), 56 Misc. 112106 N.Y.S. 312, the nomination
certificate in question was required by Statute to be filed with the County Clerk by a time certain,
but the Town Clerk claimed that it was his duty to file the Certificate and, in reliance on such
statement, the Elections Supervisor delivered it to him for that purpose, and he failed to file it
within the time limited. There the application to require the nominee's name to be placed on the
ballot was granted, the Court recognizing the fact that the Statute relating to the filing was
mandatory, but holding that in certain circumstances arising from fraud Or accident the Court
would grant the relief prayed.
The basic rule is stated In 29 C.J.S. Elections s 114 as follows:
'A statutory requirement as to the time for filing a declaration of candidacy is mandatory, and
a declaration filed too late is a nullity, At least in the absence of special circumstances or special
showing of excuse.' (Emphasis added)
Respondent cites Battaglia v. Adams Sup.Ct.Fla.1964. 164 So.2d 195; State v. Gray, 1946.
157 Fla. 229, 25 S4.2d 492: and State ex ref Vining v Gray, 1944 154 Fla. 255, 17 So. 2d 228.
However, our examination of those cases reveal that they are not here controlling.
JK
MY hereinabove recited the Respondent candidly concedes that she has not customarily
construed Florida Statute 99.061(1) to require the actual Filing of candidates qualification papers
and the payment of the qualification fees and party assessments prior to the noon deadline
therein provided, it being her custom and practice to accept for filing such papers, fees, and
assessments as are presented by persons physically present prior to such deadline. In keeping
with that practice and procedure we hold that physical presence in the office of the Secretary of
State (Department of State) by a candidate, or his representative, armed with the necessary
qualification papers and fees, making a diligent bona fide effort to present the same to the
appropriate official meets the requirement of the Statute. We further find that it is
uncontradicted that Petitioner's representative met those requirements and that Petitioner's
qualification papers and fees should have been accepted.
Because of the limited time factor and imminence of the election, we, feeling so impelled in
the public interest to pronounce promptly our judgment upon the ultimate question herein
involved, heretofore issued our Order granting the peremptory Writ of Mandamus, requiring
Respondent to accept the qualification papers and fees of Petitioner, nunc pro tunc and to place
his name on the ballot, and absentee ballots for the 1974 General Election.
Accordingly, Respondent's motion to quash the Alternative Writ of Mandamus is denied and
our peremptory Writ of Mandamus is, in accordance with our prior above mentioned Order,
granted.
It is so ordered.
JOHNSON, Acting C.J., and BOYER and McCORD, 33., concur.
Fia.App. 1974.
Bayne v. Glisson,
300 So.2d 79
END OF DOCUMENT
McWilliams, Lori
From: Andrea Lorenzo - luaces [aluaces @winterspringsfl.org]
Sent: Wednesday, November 12, 2008 5:19 PM
To: McWilliams, Lori
Subject: FW: Forms for Qualifying for Election 2008
Hi Lori,.
The below may answer your question on Qualifying petitions. Kate Latorre is our Assistant City Attorney and
Mike Ertel is Seminole County's Supervisor of Elections. Hope it helps.
Thank you,
ATgreaa
Andrea Lorenzo- Luace5, MMC City Clerk
City of Winter Springs
X1126 East State Road 434
Winter Springs, Florida 32708
' (407) 327 -5955
AFacsimile: (407) 327 -4753
email: aluacesC)winter52rinfl�ra
` Please consider the environment before printing this email.
From: Kate Latorre [ mailto:klatorre @orlandolaw.net]
Sent: Thursday, July 24, 2008 2:25 PM
To: Andrea Lorenzo - luaces
Subject: RE: Forms for Qualifying for Election 2008
Andrea,
I don't think there's any problem with candidates obtaining the requisite signatures prior to the qualification period -- there's
no City Code or statute that would otherwise prohibit it. Obtaining the signatures prior to the qualification week would, in
fact, help reduce the problem with people coming in at 11:45 on the Friday to turn in qualification papers because they
would have had plenty of time to get all of the information together and ready for submittal. But if this does occur,
assuming the individual meets all other requirements for qualification, that person's qualification would have to be
conditioned upon Mr. Ertel confirming the petition signatures.
As I see it, as long as everything is turned into your office by noon on the final day for qualifying, and as long as the
signatures are verified shortly thereafter (if need be in the event of a last- minute filing), the person may qualify for
candidacy.
I hope this adequately addresses your questions. Please let me know if you have any further questions.
Kate
From: Andrea Lorenzo - luaces [mailto :aluaces @winterspringsfl.org]
Sent: Thursday, July 24, 2008 7:48 AM
To: Kate Latorre
Subject: RE: Forms for Qualifying for Election 2008
i
Kate,
Just wondering about the questions noted below in red. We just want to make sure we do everything as you
would recommend.
Thank you,
A
Andrea Lorenzo- LUaCC5, CMC City Clerk
City of Winter Springs
01126 East State koad 434
Winter Springs, Florida 32708
'Telephone: (407) 327 -5955
AFaCSimile: (407) 327 -4753
email: aluace5C)W1nter5pring5fl.0rg
Please consider the environment before printing this email.
From: Kate Latorre [ mailto:klatorre @orlandolaw.net]
Sent: Tuesday, July 22, 2008 2:56 PM
To: Andrea Lorenzo - luaces
Subject: RE: Forms for Qualifying for Election 2008
Andrea, I have just a few things to advise regarding these forms:
First, on the form "Documents Required to Qualify" -- the version you sent over subsequent to your email below has
"Form 1" listed on it twice in a row. I think it's simply a typo.
Next, on the "Affidavit of Acceptance" form -- in the City Information section, you should no longer refer to section 16 -80 of
the City Code, which used to regulate political signs. This section was repealed some time ago, as regulating signs based
on speech alone is unconstitutional. The City's temporary sign regulations apply to political signs. I will forward you a
separate email that I recently sent to John Baker regarding political signs just for your information; but, any questions
regarding displaying or permitting political signs should be answered using the provisions of the City's temporary sign
regulations.
Additionally, Anthony would prefer that his legal opinions not be included in the qualifying packet. Our opinions are
usually issued in response to a specific question posed by a member of staff or the Commission and are not intended to
address generally, the issues of qualifying candidates for office.
Other than these few issues, the forms are acceptable and consistent with the applicable provisions of the Election Code.
Please let me know if I can be of further assistance regarding these issues.
Thanks,
Kate
Katherine W. Latorre, Esq.
2
f
I 1 I N. Orange Avenue, Suite 2000
P.O. Box 2873
Orlando, Florida 32802 -2873
Phone (407) 425 -9566
Fax (407) 425 -9596
Kissimmee (321) 402 -0144
Cocoa (866) 425 -9566
Website: www.orlandolaw.net
Email: klatorre(cDorlandolaw.net
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process may result in such reply being quarantined (i.e., potentially not received at our site at all) and /or delayed in
reaching us. For that reason, we may not receive your reply and /or we may not receive it in a timely manner. Accordingly,
you should consider sending communications to us which are particularly important or time - sensitive by means other than
e -mail. Confidentiality Note: This e-mail, and any attachment to it, contains privileged and confidential information
intended only for the use of the individual(s) or entity named on the e-mail. If the reader of this e-mail is not the intended
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reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and
delete it from your system. Thank you.
From: Andrea Lorenzo - laces [ mailto :aluaces @winterspringsfl.org]
Sent: Monday, July 07, 2008 4:42 PM
To: Kate Latorre
Subject: Forms for Qualifying for Election 2008
Kate,
As I mentioned in a previous email, I have been reviewing the Florida Statutes and updating the Qualifying
Forms for this year. I am now ready for you to review them as you have done in the past. Once you review
them, I will then put them (final approved forms) in an Informational Agenda Item and give them to the City
Commission for their final Approval.
Attached are the forms I would like to use for the 2008 Qualifying period for the 2008 Municipal Election.
Most are similar to the previous Election forms, however, there are a few new (for 2008) items:
If the Candidate has nothing to sign on the attached form, then I have places (at the bottom of pages) for the
Candidate and myself to initial, so there is no question the Candidate received the document.
Although we have done both the "Oath of Candidate" and the "Loyalty Oath" in the past, I just want to make
sure we should continue this procedure. As far as I can tell, the Statutes are clear that these need to be done, but
I don't think other municipalities do both — but, they could be wrong.
The 10 — "Notice of Audio Ballot" is new for this year and came about from a recent meeting with Mike Ertel.
As you have stated in a previous email, you feel it is fine to give out the Qualifying packet prior to Qualifying
which begins on August 25, 2008 at Noon and runs until Noon, on Friday, August 29, 2008. However, it is my
understandinc that the actual fortes (as attached) and especially the Petition, should not be filled out or
completed until the week of (qualifying, especially when residents sign the Petition, that they should be signing
du r ln,g Qi .-difN ing_ in fact, as tiou will probably recall. many ofthe forms do need to be signed in front of the
tGr -li fyin tJllcer. Regarding the Petition, we will of course advise all Candidates interested in Qualifying to
make sure they get us their completed forms, as far before the end of Qualifying as possible.
3
J F
I have already discussed with Mike Ertel, Supervisor of Elections for Seminole County how we will be getting
completed petitions for his office to verify signatures. Mike Ertel said we could fax over when we get the
completed Petitions, and then follow up by bringing the original to his office for official verification.
Ilii\.wN ct', h , ii.t IF a Candidate brings in their completed Qualil�ing forms and their completed. Petition with 30
ignawres at 11:45 a.m. on Friday. August 29, 2008. '\N--e would of course, fax over the form to Mike Ertel's
offiec lbr hirn to begin verifying signatures. Mike I;rtel's office really needs the originals to officially verify the
si <,?natures. and if someone brings in their paperwork at that time. 15 minutes before the end of Qualifying, there
iy probabk a wod chance that we cannot get the original to Mike Ertel before Noon. If we promptly try to get
Milo Fl-tI-d 11x original siwrned Petition by Noon but don't make it to his office by Noon, and the Candidate has
rill€. "I i�a;nutures, I would assume the Candidate , ,vould be qualified (if everything else was fine); but would
Oat C.amfidate, NOT be qualified if we could not wet die original to Mike Ertel by Noon. no matter how many
sign lures tle she has'?
I am just trying to be prepared for any last minute issues.
Please let me know if you have any issues or concerns. If you could try to get this back to me by July 16` I
would be most appreciative.
Thank you,
Aigre v
Ancf rea Lorenzo- Luaces, CMC City Clerk
City of Winter Springs
01126 East State Roar} 434
Winter Springs, Florica 32708
''Telephone: (407) 327 -5955
AFacsimile: (407) 327 -4753
email: a1uaCC50`Ninter5prinQ5fl.orQ
A Please consider the environment before printing this email.
Confidentiality Note: This e -mail, and any attachment to it, contains information intended only for the use of the individual(s) or entity named on the e -mail. If the
reader of this e -mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that
reading it is strictly prohibited. If you have received this e -mail in error, please immediately return it to the sender and delete it from your system. Thank you.
Confidentiality Note: This e -mail, and any attachment to it, contains information intended only for the use of the individual(s) or entity named on the e -mail. If the
reader of this e -mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that
reading it is strictly prohibited. If you have received this e -mail in error, please immediately return it to the sender and delete it from your system. Thank you.
Confidentiality Note: This e -mail, and any attachment to it. contains information intended only for the use of the individual(s) or entity named on the e -mail. If the
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reading it is strictly prohibited. If you have received this e -mail in error, please immediately return it to the sender and delete it from your system. Thank you.
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files suit against Picower estate P P Pe t
seeking money for Medoff qualified to run for town council has pitted the mayor against the town 55m2O
victims Updated 12:05 p.m. clerk and highlighted deep divisions over the redevelopment of the
only hotel in this town of high -rise condos.
Mortgage modification
REAL NEM
marathon headed to West Palm Pjeter Paloka, whose family owns the two -story Palm Beach
Beach 15 mitts ago Oceanfront Inn directly across from town hall, complained that Semer
Report: Palm Beach County went into the town Jerk's office with paperwork needed to qualify for
among the state's healthiest, office just before the noon deadline on Feb. 9 and did not emerge
St. Lucie not so much from the dark's office until 12:50 p.m.
Updated 11:51 a.m.
Paloka claims Town Clerk Janet Whipple exceeded her authority by Historic Archive
" Nissan dealership to Toyota qualifying a candidate after the noon deadline.
owners: Don't make your next (1897 -1988)
car payment Updated 11:51 a.m. I "This is yet another black eye for Palm Beach County elections," Search historic editions of The Palm Beach
Comments
Paloka said. "They should disqualify Ms. Semer immediately." Post, Palm Beach Daily News, Miami News and
More headlines more. It's free!
Whipple says Semer had her paperwork completed by noon. Whipple
LOCAL NEWS BLOGS said she had to dose her door to give instructions on record- keeping
to the first -time candidate, just as she does for other candidates.
Bino's Blogaroni (Frank
Cerabino) » At 20 minutes before 12, she had everything in hand and we were
What's better than At by 12;' Whipple said. "It's frustrating. I would be the first MOST POPULAR HEADLINES E_MAiLED _COMMENTS
Avatar? one to cowboy up if I made a mistake."
Condemned killer expresses remorse before execution
Extra Credit (Schools a Whipple said Paloka was outside her office making public records fo killin wildlife o fficer
Education)* / requests through the deputy clerk at the time, delaying the process. Investigation into Wellington polo owner's crash may
Boca Raton students - take weeks, months
raised more than ... Paloka asked a police captain to document the alleged glitch in ` an acc ng wo man — t Wen de
Man accused of robbing woman at Wendy's ordered
$7,500 for Haiti qualifying. He refused,
held in jail
Eye on the Storm (Extreme
weather) » Mayor Marty Millar called Whipple to discuss the matter. Whipple Officer kills driver during traffic stop outside Universal
f hung up on him — by accident, she said Tuesday. Studws
Firm: hurricane s
forecast models,` Disgraced in skirt scandal, woman is Carnival star
overestimated losses "As the mayor, I can't let this happen on my watch," Millar said.
Flashback (Historic Palm Semer says she doesn't know why she has become the latest target
Beach) » of bickering in this town of 1,300 registered voters that stretches five- twitter facebook
This week in history: eighths of a mile along State Road Al A. Fq
Palm Beach Kennel
Club opens "I don't know exactly what's going on," Semer said. "I was there on
Post on Politics (Local and time. My packet was complete,"
Florida)» 0 :.
McCollum: No merit A former alternate on the town planning board, Semer noted that she POSTPIX » Latest news photos
to faulty PVC pipe opposes changing the town's comprehensive plan to allow the
lawsuit, state won't grandfathered -in Palm Beach Oceanfront Inn to expand upward.
join
�.
Seeing Green (Environment A proposed 14 -story luxury condominium hotel with 99 apartments
» on the Oceanfront Inn site at 3550 S. Ocean Blvd. was rejected by
the town council during a packed meeting in October 2007. E =
Sting, McEnroe Casey Anthony evidence 1515 Tower Demolition
headline Everglades �;,' �' released 2116110
Foundation benefit A 2009 proposal is smaller, but Paloka insists that the challenge to
Palm Beach Server's candidacy has nothing to do with proposals to expand the
hotel.
West Palm Beat (City
happenings)» "She's probably a great person," Paloka said. "The issue here is ..
Amateurs shine at 7 qualifying someone past the deadline."
1515 implosion Frozen beauty Photos of Artigras Fine Arts Festival
Among those sending a flurry of a -mails to Town Manager Rex winter 2010
Taylor questioning whether Semer is a qualified candidate were two
other town council candidates — Isabella Ralston - Charnley, who
supports a new hotel at the Oceanfront Inn site, and Iris Lieberman, a
retired New York real estate broker who said she didn't know the
facts of the case but wanted to make sure the qualifying process was
handled properly. 17 18 19 20 21 ALL
"In every small town, you have this kind of thing," Lieberman said. "I WED THU FRI SAT SUN EVENTS
don't know these people. Maybe I'm better off not knowing." Upcoming events:
8 pm Joan Rivers
Millar, the mayor, said Semer probably was told to run by someone 7 pm Saturday Together United for Haiti
who opposes the hotel expansion, adding that candidates should 7 :30 pm 2127 PBA Theatre presents " She Love Me."
keep an open mind on the issue.
Search for an event
"I think the commercial property will bring more revenue and more SEARCH
taxes," Millar said.
Town Attorney Trela White said Semer was properly qualified. She
http : //www.palmbeachpost.com/news /town - council- candidate - filing- flap - roils- factions- in -... 2/17/2010
Town Council candidate filing flap roils factions in South Palm Beach Page 3 of 4
cited a 1974 case that validates a qualification if a candidate shows
up with the necessary paperwork and fees by the qualifying deadline.
If that were not the case, White said, a town clerk could leave a
candidate waiting for hours, then claim he or she missed the
deadline.
Paloka disputes the case.
"After breaking the law, town staff scrambled to dig up old case
law ... in an attempt to legitimize their actions," Paloka said.
Paloka has complained to the Department of State in Tallahassee,
which says it doesn't have jurisdiction. He said he also complained to
Palm Beach County Supervisor of Elections Susan Bucher. This
afternoon, Bucher referred a reporter's questions about the case
back to the town.
2001 Bentley Arnaca 561- 313 -8094
If Semer remains a candidate and is elected, Paloka said he would Amage'o1 Red Label Only
consider challenging the election. -------------------- - - - - -- ------------- ---- -- ---- -- -- ------- ---- -- - - -- --- -
1991 Rolls Royce Comiche 561- 313 -8094
"We're trying to avoid that if we can," he Said. Comiche'91 Magnolia Inside &...
--------------------- ._. ---------------------- _._-- ---------------------------- ---------------
.. _.. _ ... ...... ... . ._.... .. _ .... _............ 1996 Oldsmobile Ciera 561- 305 -1576
Share this article: Ciera'96 Blue 119KMi.,_,
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3 COMMENTS Comments feed Buick Rendezvous'03, Burgundy wl...
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f ADD COMMENT Sort by: OLDEST FIRST I NEWEST FIRST - 08 EQUioment trailer, 24ft Iona 561 - 502 -1531
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_..
This smells like Election Fraud.
PR Citimn
5:15 PM. 2/782010
RE PORT AB USE
It seems the Paloka/Kosova group has become quite desperate.
This is because if two of the candidates who oppose their
overblown expansion are elected (those being
Jordan /Semer /Lillybeck), it will finally put an end to the issue that
has been damaging the spirit of this town for years. Amen
concemed for south palm beach
9:18AM. 21172010
_REPORT ABUSE_s
this town needs to change is has been held hostage for many
years by old politicians,ex mayor jocobson. time for a new change.
spb watchdog
9:22 AM. 21172010
;, REPORT ABUS
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