POLITICO
By Bruce Ritchie
11/02/16 02:19 PM EDT
Read more: http://www.politico.com/states/florida/story/2016/11/amendment-1-opponents-ask-fla-supreme-court-to-reopen-review-of-solar-measure-for-fraud-106995#ixzz4OxC88QMw
TALLAHASSEE — Opponents of solar Amendment 1 asked the Florida Supreme Court on Wednesday to halt vote-counting and reopen its review of the ballot measure, claiming a "leaked" recording shows election fraud and misconduct before the court.
Sal Nuzzo, policy director of the James Madison Institute, told a policy conference on Oct. 2 in Tennessee that conservatives could borrow language that sounds like it promotes solar and "use a little bit of political jiu-jitsu" to advance policies to protect consumers who choose not to use solar.
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Some Amendment 1 opponents say the comment revealed an attempt to defraud voters by supporters, including utilities who have contributed more than $20 million in support of the campaign. A sharply divided Supreme Court in March voted 4-3 to put the measure on the ballot.
"With today's legal actions," said Stephen Smith of the Southern Alliance for Clean Energy, "we are exposing how the utilities and their proxy front group used — intentionally used — fraud before the Florida Supreme Court in advancing the anti-solar Amendment 1 ballot now before Florida voters."
But a Consumers for Smart Solar spokeswoman said last month the political committee that sponsored Amendment 1 doesn't know Nuzzo and didn't know what he was talking about.
Spokeswoman Sarah Bascom on Wednesday dismissed the filing of the legal action.
"This is just political grandstanding at its best to deter Florida voters from voting in favor of Amendment 1, which simply safeguards consumer rights, consumer protection and consumer fairness as we grow solar in Florida," she said in a written statement.
James Madison Institute president and CEO Bob McClure said last month that the conservative think tank never worked with or received funding from Consumers for Smart Solar.
On Wednesday, Smith said during a telephone conference call with reporters that the explanation "doesn't pass the laugh test."
The James Madison Institute is chaired by former House Speaker Allan Bense, who is on Gulf Power Co.'s board. And Stan Connally, CEO of Gulf Power, is on JMI's board.
The Florida Solar Energy Industries Association and Floridians for Solar Choice was filing the two motions on Wednesday with the Florida Supreme Court, said Ben Kuehne, legal counsel for the solar energy groups opposing Amendment 1.
The court in March ruled 4-3 to put the measure on the ballot, disagreeing with opponents who said the measure was misleading.
But Justice Barbara Barbara J. Pariente wrote that amendment title "Solar Energy Choice" is misleading when the ballot measure offers no real choice.
"This ballot initiative is the proverbial 'wolf in sheep’s clothing,'" Pariente wrote. But the majority said the measure wasn't misleading and didn't require government to take any action against solar, contrary to opponents claims.
One motion filed Wednesday asks the court to reopen the case reviewing the amendment. The second filing is a mandamus action to halt the ballot counting, Kuehne said.
The actions seek judicial relief "now that proof of deception and potential misconduct on the court have been unmasked by the revelation of a secret scheme by the pro-utility coalition to mislead the public into believing the solar Amendment 1 is in fact a pro-solar amendment when in truth it is nothing but a scheme to deceive," Kuehne said.
He said there is precedent cited in the legal actions for reopening the review and that the court prefers to receive such challenges before voting is finished.
Smith said opponents are confident that Amendment 1 will not gain the 60 percent voter supported needed to be placed in the state constitution. Some polls in recent weeks have shown support slipping for the measure.
The motion for relief can be found here: http://bit.ly/2f1xzye
A copy of the Florida Supreme Court's ruling on March 31 can be found here: http://bit.ly/2fEUR0r
A copy of the writ of mandamus is available here: http://bit.ly/2ff5Yuv
UPDATED at 3;30 p.m to include additional links to court documents.
Read more: http://www.politico.com/states/florida/story/2016/11/amendment-1-opponents-ask-fla-supreme-court-to-reopen-review-of-solar-measure-for-fraud-106995#ixzz4OxBQQsS1
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