Conservative group asks Supreme Court to order state to remove three of its members from the ballot
The conservative Southeastern Legal Foundation has filed a last minute lawsuit on behalf of a Destin man that seeks to remove from Tuesday’s ballot the three justices seeking retention to the Supreme Court.
The claims are similar to one offered up earlier this summer when the same group asked a state court to remove the justices from the ballot, arguing that Justices R. Fred Lewis, Barbara Pariente and Peggy Quince failed to properly file their qualification papers. The justices are on the ballot as part of the requirement that they come before voters every six years on a retention vote.
Judge Terry Lewis dimissed the case in August, but now the group is back, this time bringing a petition for a writ of quo warranto -- demanding that Secretary of State Ken Detzner remove them from the ballot and accusing him of failing in his duties. They filed the petition with the state Supreme Court, the same on court which the three justices sit.
“The Secretary of State has violated his duty to uphold the Florida Constitution and enforce Florida Law, specifically the Florida Election Code, with regard to whether Justices’ Lewis, Pariente, and Quince qualified for the 2012 general election ballot for merit retention,’’ the 48-page brief filed late Monday says. “Under the Florida Election Code, it was the duty of the Secretary to determine that each of the three Justices had failed to meet the mandatory constitutional and statutory qualification requirements...”
The lawsuit was filed on behalf of Denny Jones of Destin. Download Filed_11-05-2012_Petition