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Fla. 16 GOP Can’t Mention Negron at Polls, Court Rules (Foley alert)
CQ Politics ^ | Oct. 18, 2006 | Rachel Kapochunas

Posted on 10/18/2006 7:24:30 PM PDT by Alter Kaker

The Republican Party’s hopes of holding on to the Florida 16th District seat of resigned Florida Republican Rep. Mark Foley are greatly hindered by the fact that Foley’s name, under state law, must stay on the ballot — even though votes cast for him will be counted for state Rep. Joe Negron, the replacement candidate picked by GOP officials.

And the GOP endured another hit Wednesday when a state judge, ruling on a lawsuit brought by Democratic activists, barred state election officials from posting signs at voting locations and delivering notices about the ballot situation to 16th District voters.

Second Judicial Circuit Judge Janet E. Ferris ruled that a state-run information campaign to inform voters about what critics argue was an internal Republican Party foulup would do “irreparable injury” to Democratic nominee Tim Mahoney and his supporters.

Ferris wrote that elections supervisors are “ordered not to post the proposed notice, and may not deliver the notice to individual voters posing questions about the race in question.” Negron’s campaign and the secretary of state’s office, headed by Republican appointee Sue M. Cobb, have told local news outlets they will appeal the decision.

Democrats sued after the state Division of Elections, supervised by the office of Florida’s secretary of state, recommended that voting officials conduct an information campaign about the Foley/Negron ballot situation, suggesting those two methods as a way to inform voters.

Democrats described the action as favoritism, citing a similar incident affecting the Democrats in a neighboring House district in 2004 where, Democrats argue, no strong informational campaign was prompted by the state.

Robin Rorapaugh — a former congressional aide who is now a political consultant — was a late replacement nominee in that year’s 22nd District contest against veteran Republican Rep. E. Clay Shaw Jr. Jim Stork, a bakery owner who was the original Democratic nominee, had belatedly dropped out because of health problems; his name remained on the ballot, even though votes cast for him were counted for Rorapaugh.

“We are satisfied that a judge has agreed with us that posting notices bearing candidates’ names in a polling place is not permitted by law,” state Democratic chairwoman Karen Thurman, a former House member (1993-2003), in a statement. “We hope this brings an end to the Republicans’ campaign to illegally influence voters at the polls.”

The state GOP and the Negron campaign argue that informing voters should be a priority in this race and that the recommendations do not constitute favoritism. But the ruling, unless overturned, will leave the party with sole responsibility for informing voters.

This is a crucial matter because of the scandal that forced Foley to suddenly quit the House and his re-election bid on Sept. 29, 24 days after he was renominated without opposition. Foley quit after it was revealed that he sent sexually explicit Internet messages to underage congressional pages.

It will be difficult enough for the Republicans to persuade voters to cast a vote over Foley’s name even if they are aware that the vote will accrue to Negron, who was nominated Oct. 2 to run in Foley’s stead. But it is extremely likely that many voters will refrain from voting Republican if they are not aware that they are not voting to re-elect Foley.

All this has put at grave risk a seat that just weeks ago looked etched into the Republican column. Foley, who was highly popular prior to the scandal’s eruption, won a sixth House term with 68 percent of the vote in 2004. But the 16th, which sprawls across Florida from the Atlantic to the Gulf Coast, has an overall profile that is not as strongly Republican: President Bush took 55 percent there that year.

CQ rates the race as Leans Democratic.


TOPICS: News/Current Events; Politics/Elections; US: Florida
KEYWORDS: florida; foley; mahoney; negron
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To: ClaireSolt

Are you in the 16CD? Or are you in one of the adjacent Counties? I will know a lot more tomorrow after Joe Negron's team comes to town.


41 posted on 10/18/2006 8:58:12 PM PDT by samantha (Cheer up,the Adults are in charge,but need reinforcements very soon.)
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To: LRS
Second Judicial Circuit Judge Janet E. Ferris ruled that a state-run information campaign to inform voters about what critics argue was an internal Republican Party foulup would do “irreparable injury” to Democratic nominee Tim Mahoney and his supporters.

Well, so the Dimwits shopped for a judge and got one who could care less that they are partisan Democrat.

Isn't there a way to get this judge tossed in jail?

42 posted on 10/18/2006 9:01:49 PM PDT by VeniVidiVici (In God we trust. All others we monitor.)
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To: msnimje

Rats make me want to barf.. I'll never vote for a Rat for so much as Dog Catcher....


43 posted on 10/18/2006 9:05:49 PM PDT by Schwaeky (Welcome to America--Now speak English or LEAVE!)
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To: jveritas

I know. The Dems just can not stand the idea of informing the voters. They also can not stand requiring voters to prove they are legally entitled to vote.
Guess the Dems count on ignorance and illegal voting to win. Sounds about right.


44 posted on 10/18/2006 9:08:04 PM PDT by lastchance (Hug your babies.)
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To: VeniVidiVici

What I am wondering, is whether or not the appelatte court ever issued an opinion in the case, or, if the appeal was withdrawn. If the court overturned her ruling, then she has a way out of this decision (or, so I suppose.)


45 posted on 10/18/2006 9:10:09 PM PDT by LRS
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To: Sacajaweau

If I read the article correctly it is only State Election officials who are barred from sending out mailers. The State GOP can still send out mailers. Not sure about the notices.


46 posted on 10/18/2006 9:10:28 PM PDT by lastchance (Hug your babies.)
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To: Yomin Postelnik
Well, it's funny you mention Newt, because he's the reason I became a hardcore GOP backer while in college. Rove runs campaigns on tricks; he's really no different than a Dem except typically his candidates have reason on their side.

I agree with you completely. FIGHT BACK, DAMN IT. Point out the opponents' weaknesses as opposed to playing counter-punch all of the time.
47 posted on 10/18/2006 9:12:43 PM PDT by Carling (It's Danny, Sir)
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To: Alter Kaker

with all the attention the Foley story has gotten, I can't believe there's a voter in the district who doesn't understand the replacement


48 posted on 10/18/2006 9:15:21 PM PDT by EDINVA
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To: Sacajaweau
I think it works something like this:

If your name is Delay, you're a Republican, and you resign your seat in Texas under a cloud, your name has to stay on the ballot with the loss of the seat a virtual certainty.

If your name is Foley, you're a Republican, and you resign your seat in Florida under a cloud., your name has to stay on the ballot with the loss of the seat a virtual certainty.

If your name is Torricelli, you're a Democrat, and you resign your seat in New Jersey under a cloud, you get to pick a replacement (a former senator), put his name on the ballot, and run ads and send out flyers pointing out the fact that there's a new, very familiar name on the ballot with retention of the seat a virtual certainty.

Such is life in 21st century America.

Get used to it.

49 posted on 10/18/2006 9:22:00 PM PDT by daler (<P>)
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To: madison10

Yep...we've got until November 7th to get it settled.


50 posted on 10/18/2006 9:23:02 PM PDT by perfect_rovian_storm (All your Diebolds are belong to us)
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To: VeniVidiVici

To complete my earlier thought, on the other hand, if the appelatte court never made a ruling in the 2004 case, then break out the tar and feathers for Judge Ferris...


51 posted on 10/18/2006 9:43:56 PM PDT by LRS
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To: Alter Kaker

bump for tomorrow


52 posted on 10/18/2006 9:47:23 PM PDT by ZOOKER ( <== I'm with Stupid...)
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To: LRS
Note to myself: don't be playing lawyer after midnight.

Of course, while the 2004 case that Ferris heard, and this Foley replacement case are similar, Ferris is ruling on 2 separate issues. Her and her defenders will justify her biased rulings this way.

However, her contradictions should be politically damning, and I hope they are shoved down her biased throat when she runs for reelection, assuming that some one actually runs against her the next time (I believe I saw somewhere that she ran unopposed the last time)...
53 posted on 10/18/2006 10:50:32 PM PDT by LRS
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To: Alter Kaker
THANKS! One of the major benefits of the web is access to ariginal documents (bypassing the media spin and smoke and mirrors).

The ruling is highly politically biased as the plaintiff has no standing in the state governemnt compared to the SoSFL. If the judge had an issue, he should have remanded the issue to the State legislature while allowing the State executive branch to do its constitutionally appointed duties to run the elections.

54 posted on 10/19/2006 3:56:23 AM PDT by Paladin2 (Islam is the religion of violins, NOT peas.)
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To: Carling

Glad to hear it. This is so crazy. All we need to do is remind voters that Dems want to raise taxes on the lowest income earners by 50% - not a word from the White House.

There are reasons that informed voters have gone GOP for 12 years and nationally for much longer. Let's articulate those reasons.

I sure hope Newt comes back. He's the only one making sense. Take a look at his Human Events column.


55 posted on 10/19/2006 4:02:30 AM PDT by Yomin Postelnik
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To: Alter Kaker

Who appointed Judge Ferris? When did she assume duties on the Florida 2d Circuit?


56 posted on 10/19/2006 4:53:42 AM PDT by Stajack
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To: perfect_rovian_storm; madison10

"Yep...we've got until November 7th to get it settled."

Problem:

Early voting begins Monday, October 23


57 posted on 10/19/2006 7:05:51 AM PDT by windchime (I consider the left one of the fronts on the WOT.)
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To: samantha

I am nearby in WPB.


58 posted on 10/20/2006 7:25:26 AM PDT by ClaireSolt (Have you have gotten mixed up in a mish-masher?)
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To: Alter Kaker

WE WILL BE A HUNDRED FEET FROM THE POLLS IN MARTIN COUNTY,MOST ALL PHONE CALLS WE HAVE MADE THE VOTERS KNOW TO VOTE FOLEY FOR NEGRON.


59 posted on 10/22/2006 1:53:58 PM PDT by luckycin
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To: Rodm

"Only democrats and queer republican are morons."

I don't think that Foley was a moron. They can't find where he did anything illegal. Foley was only guilty of bad judgment.


60 posted on 10/22/2006 1:56:46 PM PDT by marajade (Yes, I'm a SW freak!)
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