STATE OF FLORIDA EX REL. ARDEN M. SIEGENDORF, RELATOR,
v.
HONORABLE RICHARD B. STONE, AS SECRETARY OF STATE OF THE STATE OF FLORIDA, AND MURRAY Z. KLEIN, RESPONDENTS

Fla. | 1972-08-09
No. 42636
ROBERTS, C. J., and ERVIN, CARLTON, ADKINS and BOYD, JJ„ concur.
266 So. 2d 345 Florida Supreme Court (1972) Caution
Cited by 27 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

In this mandamus petition, the Florida Supreme Court upheld the Secretary of State's certification of Murray Z. Klein as a qualified candidate for County Judge despite a technical defect in his oath of candidacy where the group number was handwritten rather than typewritten. The court held that substantial compliance with statutory requirements, rather than absolute literal compliance, is sufficient for ballot qualification.


Holding

The court held that substantial compliance with statutory requirements is sufficient for ballot qualification and that absolute literal compliance is not required. The Secretary of State's administrative determination accepting Klein's candidacy was presumptively correct and should be upheld. The defective oath did not preclude Klein's qualification because the basic requirements were met and the particular judgeship could be readily ascertained from the qualifying fee amount and context.


Headnotes

[1] Decisions of public administrators made within the ambit of their responsibilities, and with due regard to law and due process, are presumptively correct and will be uphe…

[2] Literal and "total compliance" with statutory language is not required to fairly and substantially meet statutory requirements to qualify as a candidate for public office…

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Key Quotes

“The decisions of public administrators made within the ambit of their responsibilities, and with due regard to law and due process, are presumptively correct and will be upheld, if factually accurate and absent some compelling circumstances, clear error or overriding legal basis which would indicate overruling the administrator's decision.”

Establishes the standard of review for administrative decisions by the Secretary of State and election officials.

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Facts & Procedural History

Murray Z. Klein submitted his qualifying papers for County Judge, Group 3, Dade County, two minutes before the qualifying period closed on July 25, 19…

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Opinion of the Court
DEKLE, Justice.

DEKLE, Justice.

We have for immediate review a petition for mandamus wherein relator as a duly qualified candidate seeks an order requiring Respondent Secretary of State to omit the name of Murray Z. Klein, the other respondent, from the certification of candidates duly qualified for the office of Judge, County Court, Group 3, Dade County, Florida. Jurisdiction arises under Art. V, § 4(2), F.S.A.

Nonpartisan election for this county judgeship is scheduled for September 12, 1972. Due to the shortness of time and to accommodate the election machinery and pressed election personnel involved, we have in the exercise of our discretion dispensed with oral argument pursuant to F. A.R. 3.10(e), 32 F.S.A., and have considered the matter on the petition, response, reply and briefs.

The material facts are as follows: A prospective candidate, Murray Z. Klein, a resident of Miami, Dade County, Florida, through his representative who delivered his qualifying papers to the Secretary of *346State in Tallahassee sought to qualify for a judicial office two minutes before the qualifying period closed on July 25, 1972. (The papers bear the clock stamp of “11:58.”) At that time, the potential candidate’s representative submitted Mr. Klein’s oath of candidacy and a check for $1,400.00 as qualifying fee. The Respondent Secretary of State, by his Elections Division Supervisor, Mrs. Dorothy W. Glisson, accepted these instruments. The Secretary subsequently made an administrative determination under the election laws that Mr. Klein was eligible to seek the office of County Judge, Group 3, Dade County, and thereafter duly certified him for such office, together with relator, Arden M. Siegendorf, as the only candidates for this judicial office.

On July 31, 1972, six days following the qualifying period, relator (the other candidate) filed the present mandamus petition contending that Mr. Klein had not legally qualified and that his name should not be included on the ballot and that relator should be declared and certified by Respondent Secretary of State as unopposed for election to said office.

At the outset, this Court issued the alternative writ and Respondent Secretary of State filed a return now saying that Mr. Klein failed to meet requirements and agreeing to the issuance of the peremptory writ. Our own careful review of the applicable statutes and case law leads us to the opposite conclusion.

Respondent Secretary of State is the administrator “in the field” so to speak, charged with administering his office and the myriad duties assigned to that important cabinet post.1 Such administrators, and their duly assigned deputies and employees who are trained and skilled in their respective duties, are the ones charged with the responsibility of carrying out the functions of their offices. In the present case, the Elections Supervisor, Mrs. Dorothy W. “Dot” Glisson has 27 years experience in this office, is recognized as the expert in the State of Florida on elections and qualifying for public office, and is preeminent in this field.

The duties of such administrators involve the making of decisions based upon situations presented to them. This is how government operates. The decisions of public administrators made within the ambit of their responsibilities, and with due regard to law and due process, are presumptively correct and will be upheld, if factually accurate and absent some compelling circumstances, clear error or overriding legal basis which would indicate overruling the administrator’s decision.2

The single point raised here is the assertion that Mr. Klein’s oath of candidacy is fatally defective in that the oath states “[tjhat he is a candidate for the office of Judge (group) 3;”. This underlined information appearing in the oath is typewritten except for the arabic numeral 3. The number 3 is handwritten.

Relator takes the position that “anything less than total compliance with the absolute statutory language of Fla.Stat. § 105.-031(4) (b) [F.S.A.] renders Candidate Klein’s oath of office legally defective as a matter of law so as to preclude his proper qualification and the respondent’s subsequent certification of his candidacy.” We cannot agree.

Literal and “total compliance” with statutory language which reaches hypersensitive levels and which strains the quality of justice is-not required to fairly and substantially meet the statutory requirements to qualify as a candidate for public office. The principal area of alleged deficiency in the oath filed here is its failure to *347state the full “title of the office” as stated in (b) of said statute. Of course, it would be preferable to write out the full title and thus eliminate any doubt in the matter, instead of simply “Judge (group) 3” but the particular judgeship sought was determined by the administrator to be “county judge” and the qualifying oath (on forms provided by the Secretary) was accepted by him as sufficient. Perhaps it was clarified orally for the official when presented; the check for the fee may have recited “county judge”; in any event, the Secretary of State could and did readily ascertain which judgeship in Dade County was involved by a simple process of elimination in the acceptance of the qualifying fee of $1,400.00. This amount could only apply to a county judgeship (with which respondent agrees). It only fits that office. Such amount was not enough for the circuit, district or supreme court judgeships which were open.

So long as basic requirements have been met, the time for other changes or corrections such as in the handwritten group “3”, or an insertion (if the administrator thought necessary) of “county” in front of “judge” was at the qualification desk in these circumstances, in order that the changes could very simply have been added.3 To reject or challenge the candidacy on these grounds now (when the period for qualifying has closed) comes too late. It would be a denial of due process and unfair treatment of the candidate who has justifiably acted upon the Respondent Secretary of State’s acceptance and certification, to remove him from the ballot. It is better in such factual situations to let the people decide the ultimate qualifications of candidates unless they appear clearly contrary to law.

The basic principle of our constitutional and democratic system is set forth as the very first words of our Florida Constitution:

“Declaration of Rights
“Section 1. Political power. — All political power is inherent in the people.”

After reciting these words in State ex rel. Ayres v. Gray et al., 69 So.2d 187, at page 193, (Fla.1953) we stated:

“The tendency has been, and still is, to extend further the privilege of the people to participate in their government and to elect officers originally appointed, rather than to curtail such participation by the people.”

Summarily to remove Mr. Klein from the people’s consideration, and his name from the election ballot, would be irremediable.

Our Fourth District in McClung v. McCauley, 238 So.2d 667, 670 (Fla.App. 4th 1970) concluded its opinion in such a matter by commenting in like manner:

“It would afford the electorate the largest opportunity to select, at election, the candidate of their choice.”

In his brief, Mr. Klein challenges the constitutionality of the loyalty oath as required by Fla.Stat. §§ 876.05-876.10, F.S.A. Since our ruling rests on other grounds, we find it unnecessary to decide this issue.

In view of the necessity for expediency in this matter, privilege of filing rehearing is dispensed with and this opinion shall be effective immediately.

Accordingly, the peremptory writ of mandamus should not issue and the alternative writ is hereby discharged.

It is so ordered.

ROBERTS, C. J., and ERVIN, CARLTON, ADKINS and BOYD, JJ„ concur.

McCAIN, J., not participating.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (14 total)

  • …tial, competent evidence. See State ex rel. Szabo Food Services, Inc. v. Dickinson, 286 So. 2d 529 (Fla.1973); State ex rel. Biscayne Kennel Club v. Board of Business Regulation, 276 So. 2d 823 (Fla.1973). See also State ex rel. Siegendorf v. Stone, 266 So. 2d 345 (Fla.1972); §§ 120.68(9) and (14), Fla.Stat. (1983). We find that the dissenting opinion of Judge Nesbitt thoroughly analyzes and correctly resolves the issues in this cause. Accordingly, we adopt his opinion as the opinion of this Court. For the r…
  • Cross KEY Waterways v. Reubin O'D. Askew, 351 So. 2d 1062 (Fla. 1st DCA 1977)
    …equiring action of an apathetic Commission which, though it has the power, duty and opportunity to designate areas of critical state concern, will not do so. Section 120.68(13)(a)1, Florida Statutes (Supp. 1976).19 State ex rel. Siegendorf v. Stone, 266 So. 2d 345 (Fla.1972); Met. Dade County v. Mingo, 339 So. 2d 302 (Fla. 3d DCA 1976); Sauls v. De Loach, 182 So. 2d 304 (Fla. 1st DCA 1966), cert. den., 188 So. 2d 823 (Fla.1966). In reaching the constitutional question, we have considered petitioners’ other p…
  • Wright v. City OF Miami Gardens, 200 So. 3d 765 (Fla. 2016)
    …tutory language which reaches hypersensitive levels and which strains the quality of justice is not required to fairly and substantially meet the statutory requirements to qualify as a candidate for public office. State ex rel. Siegendorf v. Stone, 266 So. 2d 345, 346 (Fla.1972). Although we are primarily concerned with subparagraph (7)(a)l., section 99.061(7) provides in full: (7)(a) In order for a candidate to be qualified, the following items must be received by the filing officer by the end of the qual…

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