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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
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.