Resolution 2016-42: City to Denounce "Sham" Write-in Candidates, Call for Legislative Reforms

UPDATE: Will be on the agenda for the November 14, 2016 St. Augustine City Commission agenda is Resolution 2016-42, drafted by City Attorney's office in response to the Commissioners' shared concerns about four universal primaries closed by five faux write-in candidates for Sheriff, Clerk of Courts and Comptroller, two County Commissioner seats -- an civil rights issue raised in my last column in the St. Augustine Record:

RESOLUTION 2016-42
A RESOLUTION OF THE CITY OF ST. AUGUSTINE, FLORIDA, URGING THE LEGISLATURE TO REVIEW AND AMEND STATE LAWS TO LIMIT SPOILER CANDIDATES’ ABILITY TO CLOSE PRIMARY ELECTIONS IN THE STATE OF FLORIDA.
WHEREAS, the State of Florida Constitution Article VI Section 5(b) provides for “open” primaries when all candidates for an office are members of the same political party; and
WHEREAS, an “open” primary has been defined as one in which any registered voter, regardless of party affiliation, may cast a ballot; and
WHEREAS, the State of Florida Constitution Article VI Section 5(b) states that:
“If all candidates for an office have the same party affiliation and the winner will have no opposition in the general election, all qualified electors, regardless of party affiliation, may vote in the primary elections for that office;” and
WHEREAS, the Florida Constitution does not explicitly address the ability of a write-in candidate to “close” a primary election, thereby creating a loophole that nullifies the amendment’s purpose; and
WHEREAS, Chapter 99.092(1), Florida Statutes, provides each person seeking to qualify for nomination or election to any office, except a person seeking to qualify by the petition process pursuant to s.99.095 and except a person seeking to qualify as a write-in candidate, shall pay a qualifying fee, which shall consist of a filing fee and election assessment; and
Res. 2016-42 (CA) Page 1 of 2
WHEREAS, write-in candidates are only required to file paperwork with election officials and are not required to pay qualifying fees; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ST. AUGUSTINE:
Section 1. The City Commission of the City of St. Augustine does hereby state its opposition to write-in candidates’ ability to close primary elections and urges the legislature to thoroughly evaluate the procedures used when declaring candidacy for an election to ensure that voters are not disenfranchised.
Section2. The City Commission of the City of St. Augustine urges the legislature to pass legislation to make write-in candidates more accountable, for example by requiring them to at least collect voter signatures on petitions or pay a qualifying fee.
ADOPTED in Regular Session of the City Commission for the City of St.
WHEREAS, write-in candidates that run a sham race and manipulate the provisions of Florida election laws which are meant to broaden voter participation should be discouraged; and
Augustine, Florida this
day of
, 2016.
CITY OF ST. AUGUSTINE, FLORIDA
Nancy Shaver, Mayor-Commissioner
Res. 2016-42 (CA) Page 2 of 2