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Hardemon v. Leahy

District Court of Appeal of Florida, Third District
Aug 11, 1994
642 So. 2d 28 (Fla. Dist. Ct. App. 1994)

Opinion

No. 94-1898.

August 11, 1994.

Appeal from the Circuit Court, Dade County, Gisela Cardonne, J.

Ron Cordon, Miami, for appellants.

Robert Ginsburg, County Atty. and William X. Candela, Asst. County Atty., Eileen Ball Mehta, Miami, for appellees.

Before SCHWARTZ, C.J., and JORGENSON and COPE, JJ.


After Hardemon had qualified as a candidate for Dade County Commissioner and the qualifying period had expired, he notified the supervisor of elections, as provided by section 101.253(1), Florida Statutes (1993), that he would not accept the office if elected. The day after, he attempted to withdraw the non-acceptance. The trial court, however, held that section 101.253(1), which is specifically entitled "When names not to be printed on ballot," mandatorily requires, see S.R. v. State, 346 So.2d 1018 (Fla. 1977), the exclusion of a candidate who has filed the notification in question. Because the statute makes no provision or exception for a change of mind, we agree that, under these circumstances, Hardemon's name may not be placed on the ballot. See Battaglia v. Adams, 164 So.2d 195 (Fla. 1964).

101.253 When names not to be printed on ballot. —



Contrary to the appellant's position, section 101.253(3), Florida Statutes (1993) does not afford him a right to reentry into the race.

Affirmed.


Summaries of

Hardemon v. Leahy

District Court of Appeal of Florida, Third District
Aug 11, 1994
642 So. 2d 28 (Fla. Dist. Ct. App. 1994)
Case details for

Hardemon v. Leahy

Case Details

Full title:ROY L. HARDEMON, ET AL., APPELLANTS, v. DAVID C. LEAHY, AS SUPERVISOR OF…

Court:District Court of Appeal of Florida, Third District

Date published: Aug 11, 1994

Citations

642 So. 2d 28 (Fla. Dist. Ct. App. 1994)

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