Telli v. Snipes
98 So. 3d 1284
| Fla. Dist. Ct. App. | 2012Background
- Telli, a registered Republican, sues to open the Democratic primary for Broward County Commissioner Dist. 7 under the Universal Primary Amendment (UPA).
- UPA amended Article VI, § 5 to allow all qualified electors to vote in a primary when all candidates share a party and the winner faces no opposition in the general election.
- Democratic primary on Aug. 14, 2012 featured three qualified Democrats: Keechl, Rodstrom, Ryan; two write-in candidates (Swearingen, a Democrat; Heinecker, a Republican) were also qualified for the general election ballot.
- Ryan won the Democratic nomination; the general election on Nov. 6, 2012 would allow voters to choose Ryan or either write-in candidate.
- Trial court dismissed Telli’s suit with prejudice; appellate court accepted jurisdiction due to public importance and potential repetition.
- Court adopts Lacasa v. Townsley reasoning that write-ins are both candidates and opposition for purposes of the UPA, preventing opening of the primary.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether all candidates must share the same party affiliation for UPA opening | Telli argues all candidates share party affiliation under UPA. | Townsley/Lacasa reasoning requires uniform party affiliation; write-ins break it. | Not all candidates share party affiliation; four Democrats and one Republican exist. |
| Whether write-in candidates constitute opposition under the UPA | Write-ins should not be considered opposition; they may be non-viable and not true opposition. | Write-ins are 'candidates' and constitute 'opposition' under the UPA. | Write-in candidates are opposition, so the primary is not open. |
Key Cases Cited
- Wexler v. Lepore, 878 So.2d 1276 (Fla. 4th DCA 2004) (public-interest and mootness considerations for jurisdiction and review)
- Holly v. Auld, 450 So.2d 217 (Fla. 1984) (standing and finality in elections-related disputes)