Thursday, May 25, 2006

Will County Mayor Petition Pass Legal Test?

I see a the same potential legal problem for the County Mayor petition as the Committee of Fair Elections ballot amendment.


BALLOT TITLE: REPLACING THE CURRENT APPOINTED ADMINISTRATOR WITH A NONPARTISAN ELECTED COUNTY MAYOR.


A nonpartisan Mayor doesn't even pass the laugh test. The legal test I also question. The Florida State Supreme Court did not buy the Committee of Fair Elections assertison that a redistricting panel would be nonpartisan.


The sponsor asserts that the terms are neither misleading nor editorializing, but an accurate statement of the nature of the redistricting commission. The sponsor contends that both the commission and its method of creation fall within the definition of nonpartisan because the commission members will not be influenced by or associated with one political party, will not be subject to oversight or control by the Legislature, legislative leadership or any political party, and will not be required to seek election or reelection to the commission.

While the commission itself may operate in an independent, nonpartisan fashion, the method of selecting the commission members is decidedly partisan.


I think the County Commission can legally fight the wording. The recent Florida Florida Supreme Court decision provides a good precedent.

Over to you Tommy. The whole County Mayor debate is really starting to bore the shit out of me.

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