Guest column: Closed primaries are unconstitutional
Posted: July 2, 2016 - 11:13pm | Updated: July 3, 2016 - 12:02am
By ED SLAVIN
St. Augustine Record
Four important universal primaries, including sheriff, have been closed in St. Johns County. This is unconstitutional.
In 1998, Florida voters adopted by 64.1 percent vote (2,239,607 votes) Amendment 11, enacting Article VI, section 5(b) of our Florida Constitution: “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.”
This voter-enacted amendment to our state Constitution was misinterpreted by controversial former Florida Secretary of State Katherine Harris, her successors and our state courts to allow “write-in” shills to be considered “opposition.” This violates the Fifteenth Amendment and the Voting Rights Act, diluting minority voting strength and disenfranchising voters here.
“Opposition” does not mean theoretical. Yet a former corrections employee of Sheriff David Shoar has filed to run as a “write-in” against him, helping to close his universal primary with former deputy Debra Maynard. One of Jacksonville State Attorney Angela Corey’s own supporters filed to run as a “write-in” against her.
This “write-in” scam is not exactly what our Founding Fathers expected when they signed our Declaration of Independence 240 years ago, pledging “our lives, our fortunes and our sacred honor” in our American Revolutionary War to advance democracy and defeat oligarchy.
Universal primaries are closed by “write-ins” who withdraw after the primary, or who receive few “write-in” votes on a blank line on a general election ballot. That is not “opposition” to a major party candidate.
Both Florida Democratic and Republican parties use fictive flimflam “write-in” flummery and dupery to keep their respective primaries closed to “universal primaries” as voters intended. Republicans use “write-ins” to preserve one-party rule in North Florida. Democrats use “write-ins” to preserve one-party rule in South Florida. The parties violate everyone’s constitutional rights, empowered by Tallahassee power lawyers and party leaders.
Florida Constitution Article VI, section 5(b) must no longer be misinterpreted to provide that a “write-in” candidate — represented by a blank line on the general election ballot, not paying fees, not campaigning and not having any interest in running or any chance of winning — is “opposition” and thus enough to disenfranchise people from voting in what would otherwise be universal primaries.
This misinterpretation will disenfranchise some 77,000 St. Johns County residents, closing four Aug. 30 universal primaries for St. Johns County sheriff, clerk of courts and county commissioners to Democrats and Independents and most African-Americans (mostly Democrats).
This misinterpretation will result in Aug. 30 universal primary for Duval County (Jacksonville) State’s Attorney being closed to minorities, mostly Democrats, disenfranchising some 400,000 people (a lawsuit is pending).
St. Johns and Duval counties are historically segregated counties where racism and KKK persist, with substantial influence in the Republican Party.
In 1964, Rev. Dr. Martin Luther King, Jr. called this “the most lawless” place in America. Is that still true?
Un-American, unethical, unprincipled, louche local Republican leaders are hick hacks, laughing at you, destroying democracy and recruiting “write-in” shills to close your universal primaries.
Enough corruption.
On June 24, I asked the U.S. Justice Department to investigate unconstitutional closing of universal primaries provided for in the voter-enacted 1998 amendment to Florida’s Constitution through both parties’ abuse of the legal fiction of “write-in” shills, who are not bona fide “opposition.” Closing universal primaries using “write-in” shills is unconstitutional, violating both Florida and U.S. constitutions.
Expect democracy. Uncluck the Aug. 30 universal primaries — please speak to the misguided souls who closed them or kindly consider temporarily changing your political party registration to “Republican” to vote for sheriff, court clerk and county commissioners.
Let freedom ring.
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Ed's note: Here's how to contact five faux "NO COMMENT" write-in candidates:
Circuit Court Clerk
PATRICK DEWAYNE MENCY
904-537-0322
1036 BUTTERCUP DRIVE, ST. JOHNS
pmency@mencygroup.com
Filed 6/23 1:28 PM
Sheriff
LINDA MARIE ZIEGLER-DORAN
904-536-3987
1183 WEDGEWOOD ROAD, ST. JOHNS
ldesignz@bellsouth.net
Filed 6/23 10:27
ANDREW HUNTER TALLMAN
904-469-5911
24 LOUISE STREET, ST. AUGUSTINE 32084
andrew@tallman.net
Filed 6/23 10:50 AM
County Commission District 3
SHEAMUS JOHN McNEELEY
904-239-0489
3837 ARROWHEAD DRIVE, ST. AUGUSTINE 32086
sheamusmcneeley@yahoo.com
Filed 6/21 1:13 PM
County Commission District 5
ALFRED BUCKNER PITTMAN
904-466-2766
113 BARQUERO, ST. JOHNS
(No e-mail address listed)
Filed 6/24 11:54 AM
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