Suit Aims to Keep Harris Off Ballot

AP via Yahoo ^ | August 15, 2002

[Fixit]

TALLAHASSEE, Fla. (AP) - Katherine Harris' opponent in the Republican primary for a Florida congressional seat sued Thursday to have the former secretary of state kicked off the ballot.

The lawsuit argues Harris should be removed from the ballot because she violated a state law that required her to file a letter of intent to resign as secretary of state when she qualified to run for Congress.

If Harris were disqualified from the Sept. 10 primary, John Hill, the former television anchor who filed the suit, would automatically win the GOP nomination.

Harris called the lawsuit frivolous. "It is a shame Mr. Hill is wasting taxpayer dollars," she said in a statement.

Harris resigned Aug. 1, saying she had misunderstood the resignation letter rules. She should have filed a letter July 15 stating her intent to step down before the next Congress takes office in January, but didn't.

Harris hopes to succeed GOP Rep. Dan Miller, who is retiring from the heavily Republican district in central Florida after four terms. Four newcomers are vying for the Democratic nomination.

[SBeck]

Are you in her district?

No, thank God. John Mica is my rep. If you want a real estate agent to represent you by all means vote for her. As for speaking in front of an audience, who cares, a good speech writer can always make up for the deficiencies of the mediocre. As I said earlier, look around, there are plenty of better men and women than her.

[kcpopps]

Hi Julie! Hope you are doing well.

I've heard that some feel the race would be a slam dunk for Harris - what do you think?

[xzins]

If she didn't follow the law, then she needs to find a legitimate way around it. If she doesn't find it, and she has her name removed, it is clearly her responsibility for misreading the law.

Misread a ballot, misread a law. Sometimes __it happens.

[Ronin]

One term congress-critters still get a lot of bennies.

[JulieRNR21]

Hi KC.....doing just fine, thanks! How is everything in my favorite 'heartland' city? We didn't get there this year....the family came east for a reunion!

Katherine has many supporters in Sarasota area. She did a good job for her constituents when in the FL Senate and an even better job as SOS.

She displayed courage in facing the smears of Sore/Loserman crowd & their media cohorts and did an excellent job in upholding the FL laws during the Election 2000 aftermath!

[JulieRNR21]

From an earlier thread about this issue:

"According to Tallahassee elections law expert Mark Herron, it's not likely there could be a successful move to knock Harris off the ballot for Congress because she failed to file her resignation letter.

Under the U.S. Constitution, he said, the state isn't allowed to impose requirements on candidates for federal offices - only federal law or the Constitution can do that.

That means her situation is different from that of Attorney General Bob Butterworth, who also failed to file a resignation letter on time for his run for state Senate. The state's resign-to-run law, he said, has separate sections for federal and state candidates.

Under the section dealing with federal candidates, Herron said, a state officeholder who fails to file the required letter but qualifies for a federal office is deemed to have resigned from the state office ``automatically and irrevocably, effective immediately.''

In effect then, Harris has not legally been secretary of state since she qualified to run for Congress July 15."

[TheOtherOne]

In effect then, Harris has not legally been secretary of state since she qualified to run for Congress July 15."

Except Jeb appointed her, as her own replacement, until anotrher can be found - so legally she is still the acting SOS of Florida.

[rwfromkansas]

She says that she resigned by default since she won't be holding the office anymore.

That works for me.

I don't know why anyone would hate Katherine Harris like you seem to....she is a wonderful woman.

[Political Junkie Too]

The lawsuit argues Harris should be removed from the ballot because she violated a state law that required her to file a letter of intent to resign as secretary of state when she qualified to run for Congress.

The solution is obvious: get the Florida Supreme Court to rule that the deadline is not really a deadline and that when she qualified is subject to interpretation. Her intent was to resign because she was running for another office, and clearly she couldn't serve in both offices so she must have been intending to resign.

Intent is the main issue to the Florida Supreme Court anyway, right? I mean, that's the way that they ruled in the past, right?

-PJ

[Ben Bolt]

I am going to guess that you do not live south of Georgia Vlad .. If you happen to live in this Republic , we tend to have this thing about fastfood , instant gratification and victimhood .

It seems to appeal to some ..

[Ben Bolt]

So was the attempt to usurp the rest of the constitution by Albacore without firing a single shot . I seem to recall a suit initiated by a man from Texas about Mr.Cheney also .

Perhaps some clever FReeper will post the link or have more detail that I can prove at this weary hour ;) .

[Ben Bolt]

Judicial activism is worse than silly my friend . We have more than enough laws now at the state level and the FedGov level .

Unfortunately for the Republic this cancer is not solely predisposed to this territory . It will take years to change but it can be done !

[Ben Bolt]

The best I can tell her response is equal to the suit . I find that very same posture in my life and in politic's .

Perhaps the media will dig a bit deeper into Mr. Butterworth's actions also ? I wont swim to Bimini on that bet .

[Ben Bolt]

Greeting's from the other left coast BUMP !

You care to comment ?

[Timesink]

Could she then run as a writein in November? I think so and she would likely win.

In most states, voters have to jump through so many hoops to get a write-in to count that they usually screw up somewhere along the line and invalidate their choice. First, the voter has to register with the polling clerk that he intends to make a write-in vote, and has to fill out a form. Then he has to be sure to spell the name correctly. I don't know about Florida, but in some states the candidate is allowed to file a statement listing which written-in names should count for her (Catherine Harris, Katherine Haris, etc). If the voter's given misspelling isn't on the list, or the state doesn't allow such lists, or the name is written in cursive in such a way that it's not entirely legible ... any of those reasons could cause the vote to get thrown out.

Basically, if you think the RATS managed to come up with some original, unique ways of attemping to invalidate ballots in 2000, just wait until they get a chance to jump on X million write-ins. The stakes will be lower, but the war will be far nastier.

In short, Harris's name has to be printed on the ballot, or else she's going to need a miracle to win.

[Ben Bolt]

I'm going to guess he forgot the sarcasm tag . It happens sometimes . I'm more than open to learning Sbeck .

I gravitate to grassroots and the FedGov , so I miss some thing's . You mentioned the possibility of another more qualified candidate .

If you have a list of folk's , I'd be interested in taking a look at them . At this point Ms. Harris has me on the team .

[goldstategop]

Yup. Its too bad a Republican is trying to accomplish through a lawsuit what he couldn't through the ballot box. Rest assured he'll be buried in the primary come Sept 10th and Katherine Harris will be well on her way to represent beautiful Sarasota in the Congress in November.

[Ben Bolt]

Thanks for the locale news . I'll see 'ya folks on the morrow !

[DB]

Yep for him to do this only says he's weak. He's afraid of of the competition and doesn't think he can win the right way.

[Lucius Cornelius Sulla]

If you want a real estate agent to represent you by all means vote for her.

As opposed to a lawyer? By all means then, a real estate agent.