WILLIAM R. CULLEN, APPELLANT,
v.
A. EARL CHEAL AND HARRY F. SAWYER, JR., MONROE COUNTY SUPERVISOR OF ELECTIONS, APPELLEES
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The appellate court affirmed the dismissal of a lawsuit seeking to enjoin the issuance of an election certificate. The court held that the plaintiff lacked standing to bring the action under the relevant statute, as the statute's enforcement provisions were intended for governmental entities, not private litigants.
No, a private litigant does not have standing to seek such an injunction. The statute's "civil actions" provision refers to actions brought by governmental enforcement entities, not private individuals.
[1] A private litigant lacks standing to seek an injunction to prevent the issuance of a certificate of election based on alleged violations of election laws, absent specific…
[2] The enforcement of election laws under chapter 106, Florida Statutes, is primarily vested in governmental entities such as the Division of Elections, the Florida Election…
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Join FLexlaw to unlock all legal intelligence“We agree with the trial court that Cullen has no standing.”
Establishes the court's agreement with the lower court's finding regarding the plaintiff's lack of legal standing.
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Join FLexlaw to unlock all legal intelligenceWilliam R. Cullen filed a complaint to prevent the issuance of a certificate of election to A. Earl Cheal, alleging violations of election laws. Culle…
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COPE, Judge.
William R. Cullen appeals a final order dismissing his action with prejudice, for lack of standing. Cullen had filed a complaint to enjoin the issuance of a certificate of election to appellee A. Earl Cheal, the successful candidate in the November 6, 1990 election for Monroe County Commissioner, District Four, on account of alleged violations of chapter 106, Florida Statutes (Supp.1990). Cullen contended that he was authorized to seek such an injunction under subsection 106.27(3), Florida Statutes (Supp.1990). Cullen’s action was filed against Cheal and against Harry Sawyer, Jr., Monroe County Supervisor of Elections. We agree with the trial court that Cullen has no standing.
Section 106.27, Florida Statutes (Supp.1990), must be read in pari materia with the remainder of chapter 106.
Section 106.25 vests the enforcement power for chapter 106 in the Division of Elections and the Florida Elections Commission, as well as “any other officers or agencies of government empowered by law to investigate, act upon, or dispose of alleged violations of this code.” § 106.25(1), Fla.Stat. (Supp.1990); see id. § 106.25(5) (duty of state attorney, inter alia, “to investigate the complaint [referred by the Elections Commission] promptly and thoroughly; to undertake such criminal or civil actions as are justified by law_”).
We agree with appellees that the phrase “civil actions” in subsection 106.27(3) is not intended to authorize the filing of civil actions by private litigants. Instead it authorizes enjoining the issuance of a certificate of election where a civil action is filed by the governmental entity having enforcement jurisdiction, e.g., the Elections Commission or State Attorney. See Smith v. Tynes, 412 So. 2d 925, 927 (Fla. 1st DCA 1982). See generally Fischer v. Metcalf, 543 So. 2d 785, 788 (Fla. 3d DCA 1989) (en banc).
Cullen’s action was properly dismissed with prejudice. That ruling is, of course, without prejudice to Cullen’s right to file a complaint with the appropriate governmental agency if he so chooses.
Affirmed.
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