How to challenge Obama being on the Ballot in Florida

How to challenge Obama being on the Ballot in Florida

Florida Secretary of State Office

Contact Info: secretaryofstate@dos.state.fl.us 

Florida News

http://dos.state.fl.us

The Secretary of State makes the determination, based upon receipt of certain documents and so forth. Any challenge would have to be made directly to the Secretary of State.

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I am a Florida resident, and have been studying Fla. election law. Your site indicates that Fla. does not have a specific challenge statute, when indeed it does. It is Fl. SS. 102.168.

Here it is:

http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0102/Sections/0102.168.html

The statute gives standing to any “elector” (qualified registered voter), or taxpayer w/in the state, and must be filed w/in 10 days after the midnight of the last certification. Remember that the Primary election is closed in Fla., so to challenge as a “elector” one must be a registered Democrat voter, but challenge can also be made by a “Fla. Taxpayer” as secondary standing. The challenge must be filed in Circuit court. Pay attention to section (4) of the statute. The Election Canvassing Board and the WINNING Candidate are INDESPENSIBLE parties. I believe that means that Obama cannot be challenged in say, the General Election, in Fla., if he loses to the R candidate in Fla., which is likely. That is why I have changed my party to Democrat (from Independent), and will challenge Obama in the Fla. D Primary.Although I suggest strict adherence to the statute, section (5) provides that:”(5)?A statement of the grounds of contest may not be rejected, nor the proceedings dismissed, by the court for any want of form if the grounds of contest provided in the statement are sufficient to clearly inform the defendant of the particular proceeding or cause for which the nomination or election is contested.”the Candidate in question has 10 days to file a rebuttal:

(6)?A copy of the complaint shall be served upon the defendant and any other person named therein in the same manner as in other civil cases under the laws of this state. Within 10 days after the complaint has been served, the defendant must file an answer admitting or denying the allegations on which the contestant relies or stating that the defendant has no knowledge or information concerning the allegations, which shall be deemed a denial of the allegations, and must state any other defenses, in law or fact, on which the defendant relies. If an answer is not filed within the time prescribed, the defendant may not be granted a hearing in court to assert any claim or objection that is required by this subsection to be stated in an answer.It is NOT FREE tp file this action. It will cost between $280-$395 (see Section 2– fees msut be submitted as per section 28)

Here is the applicable statute in Section 28:
http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0028/Sections/0028.241.html

Any  challenging elector is entitled to immediate hearing:
(7)?Any candidate, qualified elector, or taxpayer presenting such a contest to a circuit judge is entitled to an immediate hearing. However, the court in its discretion may limit the time to be consumed in taking testimony, with a view therein to the circumstances of the matter and to the proximity of any succeeding election.I have planned all along to file this challenge. If you need further assistance, or research, please let me know. Hopefully you have not misstated the statutory allowances in other states. I have noticed some very early court actions discussed, and I hope they conform to the statutes (Georgia, and NJ).

Sincerely,