In the case of Lothrop v. Dingfelder, Hillsborough Circuit Court Judge William P. Levens today ruled in favor of John Dingfelder being allowed to stay on the ballot as the Democratic nominee for District 1 on the November ballot.
However, attorneys for the Republican activist who filed the lawsuit challenging Dingfelder's status, Brian P. Lothrop, say they will appeal the case to the 2nd District Court of Appeals.
The ruling augurs well for Linda Saul-Sena, the former Tampa City Council woman who like Dingfelder has had her status on the November ballot challenged in Hillsborough County, for the exact same reason. That reason is that because the two candidates did not follow the rules, they are not qualified to run, and thus cannot be a candidate.
As has been documented, both candidates neglected to file paperwork in the sufficient 10 day window to the supervisor of elections informing them that they would be resigning their City Council seats to run for County Commission.
In his ruling, Judge Levens quoted from the 1956 decision Irvin v. Collins, saying,
The right to vote is among the most important rights we all share as Floridians and Americans. Judges must be very careful in determining whether a candidate nominated by a political party is legally qualified to run for office because the effect of a mistake could disenfranchise a large segment of the population. Thus, the law requires judges to resolve doubts about qualification of a political candidate in favor of the candidate.
A call to Dingfelder's attorney, Mark Herron, has not been returned.
This article appears in Jul 29 – Aug 4, 2010.