Summary
affirming trial court's removal of state attorney candidate from ballot because she was constitutionally ineligible to hold the office she sought
Summary of this case from Jones v. SchillerOpinion
No. 1D20-2199
08-17-2020
Beverly R. MCCALLUM, Appellant, v. Brian KRAMER; Florida Department of State; Kim A. Barton, in her official capacity as Alachua County Supervisor of Elections; Nita D. Crawford, in her official capacity as Baker County Supervisor of Elections; Terry Vaughan, in his official capacity as Bradford County Supervisor of Elections; Connie D. Sanchez, in her official capacity as Gilchrist County Supervisor of Elections; Tammy Jones, in her official capacity as Levy County Supervisor of Elections; and Deborah K. Osborne, in her official capacity as Union County Supervisor of Elections, Appellees.
Beverly R. McCallum, pro se, Appellant. Daniel E. Nordby, Benjamin Gibson, and Amber Stoner Nunnally of Shutts & Bowen LLP, Tallahassee, for Appellee Brian Kramer. No appearances for Florida Department of State, Kim A. Barton, Terry Vaughan, Connie D. Sanchez, Tammy Jones, or Deborah K. Osborne, Appellees.
Beverly R. McCallum, pro se, Appellant.
Daniel E. Nordby, Benjamin Gibson, and Amber Stoner Nunnally of Shutts & Bowen LLP, Tallahassee, for Appellee Brian Kramer.
No appearances for Florida Department of State, Kim A. Barton, Terry Vaughan, Connie D. Sanchez, Tammy Jones, or Deborah K. Osborne, Appellees.
Per Curiam. Beverly R. McCallum, a candidate for the office of State Attorney for the Eighth Judicial Circuit, appeals a final judgment declaring her ineligible for the office she seeks and enjoining the placement of her name on the ballot. Because McCallum was suspended from the practice of law for a period of fifteen days in 2019, McCallum does not meet the eligibility requirements for the office of State Attorney provided under article V, section 17 of the Florida Constitution, namely that a person "be and have been a member of the bar of Florida for the preceding five years." Cf. In re Advisory Op. to Governor re Comm'n of Elected Judge , 17 So. 3d 265, 267 (Fla. 2009) (construing the constitutional term "a member of the bar of Florida" to mean "a member with the privilege to practice law").
AFFIRMED.
B.L. Thomas, Rowe, and Long, JJ., concur.