STATE OF FLORIDA, EX REL. H. B. HARRIS, RELATOR,
v.
WM. P. BELOTE, ET AL., AS AND CONSTITUTING THE BOARD OF COUNTY COMMISSIONERS OF DUVAL COUNTY, FLORIDA, RESPONDENTS
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The Florida Supreme Court denied a mandamus petition seeking to require county commissioners to place H. R. Harris, nominated by the Prohibition Party, on the official ballot as a candidate for County Commissioner. The court held that Florida law only provided for ballot placement of nominees from recognized political parties, though write-in voting remained available.
The petition for mandamus is denied. Florida law does not provide for placement of candidates on official ballots unless they are nominees of a political party as defined by state statute. The Prohibition Party was not alleged to be a recognized political party under Florida law, and the petition failed to allege such status as a prerequisite to ballot placement.
“The privilege of having the name printed on the ballot (since the printing of the ballot is at the public's expense) is one which the State may control by legislative enactment.”
Establishes the state's constitutional authority to regulate ballot access through legislation.
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Join FLexlaw to unlock all legal intelligenceH. R. Harris was nominated on September 23, 1932, by the Executive Committee of the Prohibition Party as a candidate for County Commissioner in Duval …
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The Relator has filed a petition for alternative writ of mandamus to be directed to the respondents requiring them in their official capacity to “reco'gnize H. R. Harris as a candidate for County Commissioner in Duval County, District 1 of the Prohibition Party, and cause the name of the said IT. R. Harris to be printed on the ballots to be used in Duval County and in general elections.”
It is alleged in the petition that the relator is entited to the relief prayed by virtue of chapter 14657, Laws of Fla. 1931. It is alleged that Harris is qualified to hold the office of County Commissioner of Duval County under the laws of the State of Florida. It is further alleged,
“That upon the 23rd day of September A. D. 1932, your relator was duly and regularly nominated by the Executive Committee of the Prohibition Party as a candidate for the office of County Commissioner, District Number One, Duval County, Florida, a copy of which certificate as filed with the Board of County Commissioners aforesaid, is hereto attached, marked Exhibit ‘B’ and made a part hereof as fully and to the same extent as if set forth in extensio.”
The petition fails to allege that the Prohibition Party is a political party within the purview of the statutes of the State of Florida.
Political parties are defined by section 300 R. G. S., *940356 C. G. L. Section 256 R. G. S., 312 C. G. L., as amended by chapter 14657 Acts of 1931, applies only to candidates who are nominees of a political party within the purview of section 300 R. G. S., 356 C. G. L.
There is no provision under the laws of Florida as they exist at this time for any candidate other than a nominee of a political party within the purview of the statutes above referred to, to procure the printing of his name no the official ballot furnished by the State and County.
The privilege of having the name printed on the ballot (since the printing of the ballot is at the public’s expense) is one which the State may control by legislative enactment. State v. Dillon, 32 Fla. 545, 14 So. 383; Cole v. Locker, 164 Mass. 486, 41 N. E. 681; 29 L. R. A. 668. The right of the voter to vote for a candidate of his choice regardless of whether such candidate has been nominated by any political party within the purview of the statutes is not denied. In fact, express provision is made in the statute allowing the voter to write the name of any candidate of his choice in a blank space-to be left for that purpose on the ballot and to vote for such candidate. Section 312 (256) C. G. L.
The petition is denied.
Buford, C.J., and Whitfield, Terrell, Brown and Davis, J.J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Ex Parte: N. Vernon Hawthorne. Ex Parte: Dan J. Mahoney, 116 Fla. 608 (Fla. 1934)…ary election laws can only be officially nominated, and have their names printed upon the general election ballots, by procuring their1 nomination in a primary election. State v. Gerow, 79 Fla. 804, 85 Sou. Rep. 144; State, ex rel. Harris v. Belote, 106 Fla. 938, 143 Sou. Rep. 881; State, ex rel. Barnett v. Gray, 107 Fla. 73, 144 Sou. Rep. 349;, State, ex rel. Waite v. Gray, 107 Fla. 109, 144 Sou. Rep. 356. [*617] So a primary election held under the primary election laws of this State may properly be said…
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State v. Gray, 125 Fla. 1 (Fla. 1936)…e primary election laws can only be officially nominated, and have their names printed upon the general election ballots, by procuring their nomination in a primary election. State v. Gerow, 79 Fla. 804, 85 So. 144; State, ex rel. Harris, v. Belote, 106 Fla. 938, 143 So. 881; State, ex rel. Barnett, v. Gray, 107 Fla. 73, 144 So. 349; State, ex rel. Waite, v. Gray, 107 Fla. 109, 144 So. 356. “So a primary election held under the primary election laws of this State may properly be said to be an ‘election’ wi…
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State v. Gray, 154 Fla. 861 (Fla. 1944)…ng Chapter 4328, Acts of 1895, to require the names of candidates nominated “by primary election or the appropriate executive committee of any political party” to be printed on the ballot. Construing this amendment in State ex rel. Harris v. Belote, 106 Fla. 938, 143 So. 881, this Court held that only the names of those nominated in a primary election could require their names to be printed on the official ballot, this because of the requirement that “all committee nominations shall be made as provided by t…
Authorities Cited
- State v. Dillon, 32 Fla. 545 (Fla. 1893)