(URGENT) Foley Can Be Removed From The Ballot

The problem with the Florida Congressional Race is that Foley “stays on the ballot” and his replacement gets his votes:

If the name of the new nominee is submitted after the certification of results of the preceding primary election, however, the ballots shall not be changed and the former party nominee’s name will appear on the ballot. Any ballots cast for the former party nominee will be counted for the person designated by the political party to replace the former party nominee.

The operating language is “submitted after the certification of results of the preceding primary election.”

Florida election law provides that the Governor may call for a “special primary election:”

(3) Whenever there is a vacancy for which a special election is required pursuant to s. 100.101, the Governor, after consultation with the Secretary of State, shall fix the dates of a special primary election and a special election. Nominees of political parties other than minor political parties shall be chosen under the primary laws of this state in the special primary election to become candidates in the special election. Prior to setting the special election dates, the Governor shall consider any upcoming elections in the jurisdiction where the special election will be held. The dates fixed by the Governor shall be specific days certain and shall not be established by the happening of a condition or stated in the alternative.

The Republican Party needs to play hardball. Please help get this message out.

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Posted by Stop The ACLU Special Contributor on September 29, 2006 11:37 pm

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