In District 16, can the Republicans really allow Negron to be their candidate even when Mark Foley’s name is on the ballot. Legally, can the state elections office or county elections supervisor advertise that Negron is the candidate to voters?
Thanks,
Andrew

Yes, the Republican Party of Florida does have the authority to select a candidate to replace Mark Foley who withdrew from the race for the congressional District 16 seat.

Under Florida law, political parties are given the authority to choose who will be the party’s official nominee for a position. Here is how the procedure works: “In the event that death, resignation, withdrawal, removal, or any other cause or event should cause a party to have a vacancy in nomination which leaves no candidate for an office from such party, the Department of State shall notify the chair of the appropriate state, district, or county political party executive committee of such party; and within 5 days, the chair shall call a meeting of his or her executive committee to consider designation of a nominee to fill the vacancy.” Once that happens, “The name of any person so designated shall be submitted to the Department of State within 7 days notice to the chair in order that the person designated may have his or her name on the ballot of the ensuing general election.” Florida Statutes, 100.111(4)(a).

Florida law does not permit ballots to be reprinted showing Negron as Foley’s replacement if the candidate replacement happens after the primary election: “If the name of the new nominee is submitted after the certification of results of the preceding primary election…the ballots shall not be changed and the former party nominee’s name will appear on the ballot.”

However, there has been considerable disagreement over election officials’ legal authority to post signs advertising Negron as the official replacement. Seven of the eight county supervisors of elections had already agreed to post signs at polling places informing voters that a vote for Mark Foley is officially a vote for state Rep. Joe Negron of Stuart (the new nominee). The Florida Democratic Party filed a lawsuit claiming that such signs are not permitted under Florida election law.

On October 18, 2006, Circuit Judge Janet Ferris ruled that county supervisors of elections could not post signs at polling places informing voters. An appeal is being filed by Negron and the Florida Secretary of State arguing that it is the responsibility of election officials to properly educate voters. The supervisors who had agreed to post signs believe it is. Laws requiring them to expand and improve voter education were passed following the controversial election 2000.

One thing is certain. The Florida Legislature is likely to pass legislation next Spring that will clarify what happens in such circumstances.
Politically, all the media coverage of the sign controversy has generated massive free media for Mr. Negron and probably done as much to educate voters in Congressional District 16 about the change as signs posted at polling places.

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