IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT
IN AND FOR LEON COUNTY FLORIDA
CIRCUIT CIVIL DIVISION
ROBERT ADAMS,
Plaintiff, CASE NO: v. DIVISION:
RONALD BRAY, DR. BRENDA SNIPES, IN HER OFFICIAL CAPACITY AS SUPERVISOR OF ELECTIONS OF BROWARD COUNTY, FLORIDA, AND KEN DETZNER, IN HIS OFFICIAL CAPACITY AS SECRETARY OF THE STATE OF FLORIDA, DEPARTMENT OF STATE,
Defendants /
AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
Plaintiff, Robert Adams, brings this action to disqualify the candidacy of Ronald Bray (hereinafter Bray) as a writein candidate for District 96, State House of Representatives, for the November 2014 election, and to direct Defendants to allow all qualified registered voters in District 96 to vote in the August 2014 primary election, regardless of party or non-party status. JURISDICTION AND VENUE
1. This court has subject matter jurisdiction over this action pursuant to
Article V (b) of the Florida Constitution and sections 26.012 and section 6.011, Florida Statutes. This court has jurisdiction to grant (A) declaratory relief pursuant to Article V, section 5 (b), of the Florida Constitution and section 86.011, Florida Statutes, and (B) injunctive relief pursuant to Article V, section 5 (b) of the Florida Constitution, section 26.012 (3), Florida statutes, and Florida Rules of Civil Procedure 1.610. Venue is proper in Leon County pursuant to section 47.011, Florida statutes because the office of the Secretary of the Florida Department of State is located in Leon County, Florida. PARTIES 1. Plaintiff, Robert Adams, is a resident of Broward County, Florida and not registered as a member of a political party. He has regularly voted in Florida primary and general elections and intends to vote in the August 2014 primary elections and in the November 2014 general election. Defendant, Ken Detzner, is the Secretary of State of the State of Florida and is sued only in his official capacity. Ken Detzner is the constitutional officer charged with certifying qualified candidates for elected office in the State of Florida. Defendant, Dr. Brenda Snipes, is the Supervisor of Elections of Broward County, Florida and is sued only in her official capacity. Dr. Brenda Snipes is the constitutional officer charged with administering elections in Hillsborough County Florida. Defendant, Ronald Bray is an individual who filed paperwork to qualify as a write-in candidate, for State House District 96. Plaintiff believes, and therefore alleges, that Defendant, Bray, is not a resident of Florida House District 96. FACTS
2. Defendant, Bray has filed to seek election as a write-in candidate for the Florida House of Representatives, District 96 seat, in the November 4, 2014, general election. 3. Section 99.061, Florida Statutes requires a person running for office to file specific forms with the appropriate filing officer during the qualifying period. The qualifying period for legislative office ended at noon on J une 20, 2014. 4. On J une 19, 2014,., the Defendant, Bray, filed qualifying paperwork with the State of Florida, Department of State, Division of Elections. True and correct copies of the document filed with the Florida Division of Elections are attached hereto as Exhibit A and incorporated herein by reference. 5. On the candidate oath form, the Defendant alleged his address was 1711 S.W. 2 nd Ave. Pompano Beach, FL 33060, which is outside the boundaries of State House District 96. 6. Florida Statute 99.0615, provides, Write-in candidate residency requirements.At the time of qualification, all write-in candidates must reside within the district represented by the office sought. 7. Article VI, Section 7, subsection 5(b), of the Florida Constitution provides 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.
COUNT ONE
REQUEST FOR DECLARATORY AND INJUNCTIVE RELIEF
8. The allegations in paragraphs 17 of the complaint are re-alleged
9. Defendant, Bray, was not a bona fide resident of the district for which he attempted to qualify to represent, as of the date he filed his qualification papers, J une 19, 2014. 10. Because the Defendant, Bray, was not a bona fide resident of the district for which he attempted to qualify to represent, as of the date he filed his qualification papers, the filing officers decision that the Defendant, Bray successfully qualified to run for office, was in error. 15. The defendant, Daniel Bray was ineligible to qualify to run as a write-in candidate as of the date he filed his qualification papers. 16. Plaintiff will suffer immediate and irreparable harm if Defendant, Bray is not disqualified as a write-in candidate, because he will not be able to vote in the August 2014 primary election for district 96, State House of Representatives, as he is not a member of the Democratic Party and the only candidates who qualified to run, other than Defendant Bray, are Democratic candidates. 17. Plaintiff has no adequate remedy at law, and it is in the public interest to ensure that all voters, within the boundaries of State House of Representatives, District 96, have an opportunity to vote for the candidate of their choice.
Wherefore, Plaintiff respectively requests that this court:
1. Declare that Defendant, Ronald Bray, is not legally qualified to run as a write-in candidate for the State House of Representatives, District 96, for the 2014 election; 2. Enjoin Defendants, Ken Detzner, and D. Brenda Snipes, and all persons and entities acting under their direction or in concert with them, from precluding any qualified voters registered to vote within the boundaries of House District 96, regardless of party or nonparty affiliation, from voting in the August 2014 primary election for the State House of Representatives District 96; 3. Award to Plaintiff, attorneys fees, expenses, and costs incurred in prosecuting this action; and 4. Order such other and further relief as this court may deem appropriate.
Respectfully submitted
s/Michael Steinberg Michael Steinberg Florida bar number 0340065 Email MAS@SSAlawyers.com 4925 Independence Pkwy. Suite 195 Tampa, FL 33634 813221 1300 Telephone Number 813-221-1300 - Facsimile