From: Ard, Mark
Sent: Thursday, December 01, 2011 9:14 AM
Subject: FW: Status of barack Obama on Florida Ballot ?????????
Dear Mr. Mertz –
Your e-mail to Secretary of State Kurt S. Browning, has been forwarded to the Division of Elections for response.
There are no statutory provisions or rules in Florida regarding challenging candidates’ names on ballots before an election occurs. Because no established procedures exist, the only recourse one has before the election is to institute a legal action to have the candidate removed from the ballot.
Typically, such legal actions are brought in the circuit court as a declaratory judgment action seeking the court to declare the candidate ineligible to run for the office. After an election, section 102.168, Florida Statutes, provides that any unsuccessful candidate for the office being sought, any voter qualified to vote in the election, or any taxpayer may file an election contest in the circuit court based upon the successful candidate’s ineligibility of the office sought. Such contest must be brought within 10 days of the date the last board responsible for certifying the results officially certified the results of the election being contested.
For your information: Section 99.061(7)(c), Florida Statutes, provides that the qualifying officer who placed the candidate’s name on the ballot performs a purely ministerial function; that is, the qualifying officer is precluded from looking beyond the four corners of the qualifying documents to determine if the candidate is eligible to run for the office being sought.
I hope this answers your questions.
Executive Assistant I
Florida Division of Elections