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Write-In Candidates Closing a Primary Election

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
August 25, 2023

Mazzilli v. Townsley (William J. Zloch, S.D. Fla. 1:12-cv-22432)
A Florida statute provided that a primary election was open to all voters if only one party fielded a candidate for the general election. A ruling by Florida’s secretary of state specified that if anyone registered as a write-in candidate for the general election, then the primary election would remain closed to voters who were not party members. Several weeks before a primary election in which only one party had candidates, two voters challenged the secretary’s ruling. Less than one month later, the court denied immediate injunctive relief because the plaintiffs had failed to include the secretary of state as a defendant. Twelve days later, reviewing an amended complaint, the court held the secretary’s ruling a reasonable interpretation of an unambiguous statute serving legitimate interests.
Subject: Voting procedures. Topics: Primary election; write-in candidate.

One of many Case Studies in Emergency Election Litigation.