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To: SBeck; billva; kcpopps
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."


26 posted on 08/15/2002 9:38:39 PM PDT by JulieRNR21
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To: JulieRNR21
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.

27 posted on 08/15/2002 10:09:57 PM PDT by TheOtherOne
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