Posted on 06/20/2003 10:24:59 PM PDT by LdSentinal
TALLAHASSEE, Fla. -- U.S. Rep. Peter Deutsch, who has already said he's interested in running for U.S. Sen. Bob Graham's seat, may go to court to see if Graham would violate Florida law by seeking the presidency at the same time he's on the ballot for re-election to the Senate.
In a response to a Deutsch inquiry, Tallahassee attorney Mark Herron said Florida law may not prevent Graham from qualifying for re-election to the Senate while he seeks the Democratic nomination for president, or possibly a vice presidential role at some point.
Graham's bid for president does not qualify him as a candidate under Florida law, Herron wrote. Graham instead would obtain a ballot position through procedures described in a separate statute.
However, Herron advised Deutsch that he might want to seek an opinion from the state Division of Elections or a declaratory judgment from a court to resolve the issue before the 2004 qualifying period ends next July.
"Peter needs to decide if he wants to do that," said Robin Rorapaugh, special assistant to the congressman. "I think the other people who are looking at getting into the race need to be aware they'll be spending the next 10 months of their lives grinding away at this to no avail."
Deutsch said earlier this year he'd run if Graham chose not to seek a fourth term in the Senate.
"The senator has been very disciplined in saying 'You should start your campaign, I'm running for president,' and not saying whether he's running for re-election," Rorapaugh said. "That's his right. He does not have to make a decision for many, many months."
The Graham campaign did not immediately return a phone message Thursday.
U.S. Reps. Alcee Hastings of Miramar and Allen Boyd of Monticello, Miami-Dade County Mayor Alex Penelas and former Education Commissioner Betty Castor, who was also president at the University of South Florida, are among candidates seeking the Democratic nomination.
U.S. Rep. Mark Foley of West Palm Beach and former U.S. Rep. Bill McCollum of Altamonte Springs, the Republican's unsuccessful Senate nominee in 2000, are among the early entrants in the GOP field. U.S. Rep. Dave Weldon of Palm Bay said he also plans to run for the Republican nomination.
IIRC--Mark Herron is the attorney who wrote the memo about how to disqualify military ballots during the 2000 Florida recount.
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