3Moreover, Defendant's claim of section 101.252's inapplicability is incorrect and non-meritorious. Section 101.252 exists in Chapter 101 of the Florida States, entitled "VotingMethods and Procedures." This ominous election law chapter covers all general provisions of elections within Florida. There is no specific provision excluding section 101.252 from applyingto the Presidential Primary, and this chapter was enacted to cover all elections, generally. If, asDefendants indicate, the courts must not "color" an unambiguous statute "by the addition of words...", then this Court must not, respectfully, add an exemption to the statute where one doesnot exist. Since the two provisions do not conflict, they must be read in tandem ascomplementary.
Morton v. Mancari
, 417 U.S. 535,(1974). As the Supreme Court held in
"Where there is no clear intention otherwise, a specific statute will not be controlled ornullified by a general one, regardless of the priority of enactment."
550-551. The SupremeCourt went further and explained "when two statutes are capable of co-existence, it is the duty of the courts, absent a clearly expressed congressional intention to the contrary, to regard each as
effective. “When there are two acts upon the same subject, the rule is to give effect to both if
possible . . . The intention of the legislature to repeal
`must be clear and manifest.’
United States v. Borden Co.,
308 U.S. 188, 198 (1939)). There is no "clear and manifest"intention by the legislature to exempt the Presidential Primary from this statute, and it must applyto
elections, including the Presidential Primary. Thus, Defendant Obama was automaticallydeclared the nominee for the Democratic Party.Plaintiff's claim is also ripe because this harm is "capable of repetition, yet evadingreview."
Roe v. Wade
, 410 U.S. 113, 125 (1973). In
, the injury to the petitioner concernedher rights with regard to pregnancy. The
respondent raised the issue of standing because thepetitioner was no longer pregnant by the time her claims were adjudicated. The Supreme Court