Posted on 10/18/2006 7:24:30 PM PDT by Alter Kaker
The Republican Party’s hopes of holding on to the Florida 16th District seat of resigned Florida Republican Rep. Mark Foley are greatly hindered by the fact that Foley’s name, under state law, must stay on the ballot — even though votes cast for him will be counted for state Rep. Joe Negron, the replacement candidate picked by GOP officials.
And the GOP endured another hit Wednesday when a state judge, ruling on a lawsuit brought by Democratic activists, barred state election officials from posting signs at voting locations and delivering notices about the ballot situation to 16th District voters.
Second Judicial Circuit Judge Janet E. Ferris ruled that a state-run information campaign to inform voters about what critics argue was an internal Republican Party foulup would do “irreparable injury” to Democratic nominee Tim Mahoney and his supporters.
Ferris wrote that elections supervisors are “ordered not to post the proposed notice, and may not deliver the notice to individual voters posing questions about the race in question.” Negron’s campaign and the secretary of state’s office, headed by Republican appointee Sue M. Cobb, have told local news outlets they will appeal the decision.
Democrats sued after the state Division of Elections, supervised by the office of Florida’s secretary of state, recommended that voting officials conduct an information campaign about the Foley/Negron ballot situation, suggesting those two methods as a way to inform voters.
Democrats described the action as favoritism, citing a similar incident affecting the Democrats in a neighboring House district in 2004 where, Democrats argue, no strong informational campaign was prompted by the state.
Robin Rorapaugh — a former congressional aide who is now a political consultant — was a late replacement nominee in that year’s 22nd District contest against veteran Republican Rep. E. Clay Shaw Jr. Jim Stork, a bakery owner who was the original Democratic nominee, had belatedly dropped out because of health problems; his name remained on the ballot, even though votes cast for him were counted for Rorapaugh.
“We are satisfied that a judge has agreed with us that posting notices bearing candidates’ names in a polling place is not permitted by law,” state Democratic chairwoman Karen Thurman, a former House member (1993-2003), in a statement. “We hope this brings an end to the Republicans’ campaign to illegally influence voters at the polls.”
The state GOP and the Negron campaign argue that informing voters should be a priority in this race and that the recommendations do not constitute favoritism. But the ruling, unless overturned, will leave the party with sole responsibility for informing voters.
This is a crucial matter because of the scandal that forced Foley to suddenly quit the House and his re-election bid on Sept. 29, 24 days after he was renominated without opposition. Foley quit after it was revealed that he sent sexually explicit Internet messages to underage congressional pages.
It will be difficult enough for the Republicans to persuade voters to cast a vote over Foley’s name even if they are aware that the vote will accrue to Negron, who was nominated Oct. 2 to run in Foley’s stead. But it is extremely likely that many voters will refrain from voting Republican if they are not aware that they are not voting to re-elect Foley.
All this has put at grave risk a seat that just weeks ago looked etched into the Republican column. Foley, who was highly popular prior to the scandal’s eruption, won a sixth House term with 68 percent of the vote in 2004. But the 16th, which sprawls across Florida from the Atlantic to the Gulf Coast, has an overall profile that is not as strongly Republican: President Bush took 55 percent there that year.
CQ rates the race as Leans Democratic.
I'm not the sharpest knife in the drawer but I don't think that the DemocRATS and their pedophile and lesbian "judges" can stop the GOP from doing TV and radio ads explaining this problem to the voters. Duh? Geeesh. Do they want to keep the seat or just whine about losing it?
I MIGHT be able to sorta understand the judge saying no signage at the polling places..
But, how can she say they can't even pass out notices, presumably off the polling grounds, to let voters know??
Can they do a mailer to the residents of that district??
I just don't understand why the GOP leadership isn't screaming that while it's confirmed fact that Hastert's office had no knowledge of anything other than bland emails that even the kid's parents didn't feel had crossed any line it's also confirmed fact that DEMOCRAT STRATEGISTS KNEW ABOUT THE GOREY IMS FOR MONTHS. Democrats hid the Foley scandal to break it at an opportune time, not Republicans. They wouldn't even agree to Dir. Freeh conducting an investigation because they knew he'd get to the truth. Why doesn't the GOP leadership say anything?
Why didn't Pres. Bush blame the Democrats for politicizing a national disaster (Katrina - in which Brown actually did do a good job, unlike a certain Governor who called for a 48 hr wait).
Why is no one except for Newt Gingrich mentioning that Democrats have promised to raise taxes?
Why is no one except for Newt pointing out that Democrats would raise taxes on the LOWEST INCOME EARNERS BY 50%?
Why doesn't incoming leader Mitch McConnell demand Dirty Harry Reid's resignation over the land scandal and do so until the media is forced to pick it up? Call it DirtyHarrygate and the media vultures will show up for ratings.
Who's running strategy?? Pee Wee Herman?
If Newt is the only effective voice than why the heck isn't he running for his old job again?
Why are we rolling over like we have flees while these insane nitwits, Pelosi and the gang of Rangels, run roughshod over us in the press?
Like Newt says. When Conservatives articulate their views and defend themselves against Democrat slander, Conservatives win!
All 8 of the County Elections Supervisors voted to allow the postings at each precinct in the 16CD of Florida because it was fair. Not all of the Supervisors are Pubbies,my County Elections Supervisor in 16CD is a Democrat in a GOP majority County. He is fair,and can be trusted. This crap will not stop us. I will know more about where we stand and what they will be doing should the appeals not work for us after Tomorrow night when Joe Negron is in My County for a Fundraiser. We are more determined than ever. To donate to Joe Negron go to his website joenegron.com
I have a hard time imgagining that when the law was passed the legislature did not envision that the replacement candidate would not be allowed to have his name be known.
Because of campaign finance Laws written by idiots like John McCain, Republican Executive Committees and various GOP organizations cannot do much here as it is a Federal Office. for instance we cannot call voters from GOP HQ and explain this to voters. It is very complicated,but we will work our way around this,and individuals can do things that the Party cannot. Rats do not abide by the law ever so they do not care.
Frankly, I am most concerned about the voter who votes for Foley and writes in Negron both to try to be sure his vote counts as desired. Would this be an overvote and therefore tossed?
For 2 years we might. It will be back in GOP hands during the next Presidential election..
Just shows you how ridiculous this Florida law is. The Elections division should print a sticker or something with "Joe Negron" on it and place it over Mark Foley's name, and have the FL GOP pay for it, no expense to the tax payer.
Well...shoot, I wish I didn't live so far away, I would volunteer to stand by a polling place and pass out fliers.
=====================================
Tuesday, October 12, 2004
Democrats May Get To Replace Ailing South Florida Candidate
TALLAHASSEE, Fla. -- Democrats would be able to replace ailing congressional candidate Jim Stork in South Florida if a judge's ruling withstands an appeal filed Monday by Secretary of State Glenda Hood.
Circuit Judge Janet Ferris ruled last week that Hood erred by denying Stork's request to withdraw, due to a heart condition, from his 22nd District race against incumbent Republican Clay Shaw of Fort Lauderdale.
Hood asked the 1st District Court of Appeal to reverse Ferris, but the appellate judges took no immediate action. It's too late now, less than a month before the Nov. 2 election, to change the ballot without disrupting county election officials and voters, said Hood spokeswoman Alia Faraj.
A letter of withdrawal from Stork, 37, a former Wilton Manors mayor, missed a Sept. 15 deadline by nine days.
Ferris ruled Hood had ignored "the strong public policy in this state of providing voters with greater choice and ensuring ballot access."
Democratic officials in Palm Beach County sued Hood, an appointee of Republican Gov. Jeb Bush, after state party chairman Scott Maddox decided against challenging her decision.
Maddox said he thought the appeal would be a distraction from the party's primary goal of electing its presidential nominee, Massachusetts Sen. John Kerry.
The only credible candidate who could mount such a late campaign against Shaw would be U.S. Rep. Peter Deutsch, D-Fort Lauderdale, Maddox said.
Deutsch did not seek re-election to his nearby 20th District seat and ran instead for the U.S. Senate. He lost in the Democratic primary to former Florida Education Commissioner Betty Castor.
Maddox said he has not yet had a response from Deutsch but was hoping he would "step up for his party and run."
Democrats had seen Stork, who is openly gay, as a strong challenger to Shaw partly because of his ability to attract campaign contributions from across the nation. (AP) http://www.wsvn.com/news/articles/election_2004/C56377
Please help me understand. Just HOW is a vote for Foley a vote for Negron? Can the votes be transferred to him or can Jeb Bush name him as the replacement?
BTW- more can be found about the appeal for Ferris 2004 pro Dim ruling at:
http://myfloridalegal.com/alerts.nsf/Print%20Slip%20Opinions/15C63807DF2AAAA885256F4100556071?OpenDocument
According to the appeal, Judge Ferris ruled:
Accordingly, the trial court entered a mandatory injunction directing the Division to (1) permit Stork to withdraw; (2) immediately notify the Congressional District 22 Democratic Party Executive Committee of their right to designate a nominee to fill the vacancy thereby created; and (3) if the Executive Committee designates a nominee at least 21 days before the general election, comply with the requirements of section 101.253(3), Florida Statutes (2004), for placing the nominee on the ballot.
I thought they were already given permission to post the signs. There is still some time to get this changed..., right?
I coud volunteer to distribute the info at polling place, if hep is needed. I am nearby.
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