Today's Katherine Harris Campaign update, 9/7/02

Is this the one with "Neighboorhood Bully" on it?

No. It's very old. Mid 60's.

Imo, it is his best album.

I'm trying very hard to convince myself that Judge Davey's stalling doesn't mean anything bad, but it's not working. Any thoughts?

I can only offer this: As posted on other threads by a few different Freepers, there is no penalty under Florida law for failing to file a resignation other than that the person is "automatically" resigned the day they gave their intent to run for the office. Being kicked off the ballot is not a remedy under Florida law for this. Everyone involved knows it. For a judge to rule against Harris, he/she would have to cite a law stating that being kicked off the ballot is the remedy.

yes but i worry this judge may not follow that law as written. (he kicked out jebs voucher plan)

Why do you keep saying that there are no grounds? The statute MUST be read in its entirety. You may chose to ignore the section which permits a voter to petition the court for the removal from the ballot the name of a candidate who fails to comply with the resign to run requirement (Florida Statute § 99.012(6)), but the judge won't. Yes, there is ALSO the automatic resignation requirement which seems to conflict with the right to petition, but that is why we have judges, to resolve these matters. This is not to say his judgment won't be favorable, he may find that Section (6) should not be enforced against Harris for any number of reasons. But the judge has the authority, given to him in the unambiguous language of the statute, to rule for Hill. Hill will keep our numbers up in the house and should be accepted for that reason if Harris loses. The Rats would have brought this suit eventually, like it or not. Please don't make things worse then they already are by claiming there is no statutory authority when clearly there is; this will only anger people when it is time to unite.

Why do you keep saying that there are no grounds? The statute MUST be read in its entirety. You may chose to ignore the section which permits a voter to petition the court for the removal from the ballot the name of a candidate who fails to comply with the resign to run requirement (Florida Statute § 99.012(6)), but the judge won't.

99.012(6) states:

6) The name of any person who does not comply with this section may be removed from every ballot on which it appears when ordered by a circuit court upon the petition of an elector or the Department of State.

But, 99.012(4(f).1) states

(f)1. The failure of an officer who qualifies for federal public office to submit a resignation pursuant to this subsection constitutes an automatic irrevocable resignation, effective immediately, from the office he or she presently holds.

Yes, there is ALSO the automatic resignation requirement which seems to conflict with the right to petition

Nope, no conflict. The entire statute has been complied with. Section 6 is obviously negated for Federal offices per 4f.1. I can't see why there would be a provision for "automatic resignation" if a conflict would still be in affect. If the statute allows for such "automatic resignation",(and it obviously does) then it has been fully complied with.

One could also argue that since (6) is nonspecific it applies to all candidates, after all, elsewhere in the statute there are sections which apply to all candidates but no note of such is made. These are issues which need to be decided by the Court. It is not as clear as we arm chair lawyers would like it to be.

Nope, no conflict. The entire statute has been complied with. Section 6 is obviously negated for Federal offices per 4f.1.

I hope you're right -- but I don't think you will be.

4f.1 could also be interpreted as a penalty clause. There is nothing in there that says that candidate shall remain on the ballot. My guess is still that Davey disqualifies her after she wins the primary. If she loses (not likely), then it's a moot issue and he doesn't need to rule.