Appeals court reverses ruling on resign-to-run

In a strongly-worded ruling, the Third District Court of Appeal just reversed a Miami-Dade Circuit Court judge's decision to disqualify Doral Councilwoman Sandra Ruiz, a Democrat, from running for the Florida House in Tuesday's primary.

"The object of the law before us is to prevent persons who are running for a new position from the safe haven of a current position to which the candidate can retreat in the event she is unsuccessful," the unanimous, three-judge panel wrote in the ruling. "That object is not being compromised in this case. The appellees urge a mechanistic application of the 'resign-to-run' law.

"Their stratagem is to accomplish an end-run around the sovereign right of the people to select their own officers. The right to vote is among the most important rights we share as Floridians and Americans."

The ruling could have ramifications for the two other local resign-to-run cases filed, against Democratic House candidate Alix Desulme and Miami-Dade County Commission hopeful Eugene Flinn, said Joe Geller, part of the team representing Ruiz, Desulme and Flinn in the separate lawsuits.

"The court has said these hypothetical, hair-splitting attempts to interfere with the rights of the voters to pick who they want are not going to be tolerated by the courts," Geller said. "All of these candidates who have faced these challenges are qualified."

Comments

[JP]

JC Planas was lucky Carla Savola didn't hire these lawyers to represent her in 2006, otherwise she'd be running for her third term.

[Enrique Loco]

"could have ramifications" for gene flinn?

oh please. it's game over for the sleazy lawyer who filed that suit against Flinn just before the election.

the truth will soon come out who he's fronting for. the backlash will be quite dire.

[DoralGirl]

So happy democracy is working! These political shennanigans have to stop. Councilwoman Ruiz has served Doral well and I'm very glad that my vote for her will count. The nerve of these other candidates to want to take her off the ballot so they don't have to go thru an election! The people know who you are.

[No to Carla!]

Carla being elected would be a scary thing.