Lawsuit moves primary election for Broward County seat to November 

Article and Video Courtesy of the Sun Sentinel

By Brittany Wallman    

Published August 29, 2014

 Watch VIDEO

Broward elections supervisor Dr. Brenda Snipes says she hasn't been sitting on her hands after being ordered to open the county D2 race to voters from all parties. 

The primary election for one Broward County Commission seat will likely be moved to November, so that voters from all parties can have a say in choosing their next commissioner.

Elections supervisor Dr. Brenda Snipes revealed the plan Wednesday in court, where she was defending herself against a motion that she be held in contempt for not following a court order to open the county's District 2 race to voters from all parties.

Snipes's office is mailing absentee ballots for the August primary in the northern Broward race to Democrats only, despite an order from Circuit Judge Sandra Perlman to allow Republicans, independents and others to participate.

Broward elections supervisor Dr. Brenda Snipes defends herself against accusations she is not following a court order to open the county D2 primary to all registered voters.


      

"If Miss Snipes is continuing to proceed with a closed primary, then she would be in contempt of the court's injunction,'' attorney Bill Scherer told Circuit Judge John J. Murphy III. He said Snipes should explain "what in the world she's doing'' to enable non-Democrats to participate.

Snipes said she wasn't ignoring Perlman's court order. She said it came too late to recode ballots for an open August primary, and she was working with the state on permission to move the District 2 election to November. Snipes said she received that go-ahead late Tuesday, when the Secretary of State's office said the matter is between Snipes and the courts.

"So I don't think that it's been evidenced that I've been sitting on my hands,'' Snipes said.

District 2 Democrats will see the county race on their August primary ballots, but Snipes said the votes "will not be counted'' unless the appeals court reverses Perlman's order and closes the primary again.

Judge Murphy didn't rule Wednesday on the contempt motion or on a request for a stay of Judge Perlman's ruling.

Scherer had sued to open the primary, arguing that it shut out non-Democrats based on the presence of a write-in candidate who didn't live in the district. Judge Perlman agreed, striking write-in candidate Tyron Francois from the race. 

That left five Democrats — Lisa Aronson, Mark Bogen, Charlotte Rodstrom, Terry Williams-Edden and Carmen Dixon Jones — running for the seat. When there's no opposition from another party, including no write-in candidate, all voters get to weigh in.

Mark Herron, a Tallahassee attorney representing write-in candidate Francois, is appealing Perlman's ruling. He argued successfully in Leon County court earlier this month — in a case similar to that of Broward-based House District 96 — that the law requiring write-in candidates to live in the district is unconstitutional.

Perlman has since withdrawn from the case without citing a reason.

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