IN THE CIRCUIT COURT OF THE SECOND J UDICIAL CIRCUIT
IN AND FOR LEON COUNTY FLORIDA
CIRCUIT CIVIL DIVISION
MICHAEL STEINBERG, Plaintiff, CASE NO: 10- v. DIVISION:
DANIELJ OHN MATTHEWS, CRAIG LATIMER, IN HIS OFFICIAL CAPACITY AS SUPERVISOR OF ELECTIONS OF HILLSBOROUGH COUNTY, FLORIDA, DEBORAH CLARK, IN HER OFFICIAL CAPACITY AS SUPERVISOR OF ELECTIONS OF PINELLAS COUNTY, FLORIDA, AND KURT BROWNING, IN HIS OFFICIAL CAPACITY AS SECRETARY OF THE STATE OF FLORIDA, DEPARTMENT OF STATE, Defendants /
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
Plaintiff brings this action to disqualify the candidacy of Daniel J ohn
Matthews (hereinafter Matthews) as a writein candidate for District 64, State
House of Representatives, for the November 2014 election, and to direct
Defendant to allow all qualified registered voters in District 64 to vote in the
August 2014 primary election, regardless of party or non-party status.
JURISDICTION AND VENUE
1. This court has subject matter jurisdiction over this action pursuant to
Article V (b) of the Florida Constitution and sections 26.012 and section 6.011, Florida Statutes. This court has jurisdiction to grant (A) declaratory relief pursuant to Article V, section 5 (b), of the Florida Constitution and section 86.011, Florida Statutes, and (B) injunctive relief pursuant to Article V, section 5 (b) of the Florida Constitution, section 26.012 (3), Florida statutes, and Florida Rules of Civil Procedure 1.610. Venue is proper in Leon County pursuant to section 47.011, Florida statutes because the office of the Secretary of the Florida Department of State is located in Leon County, Florida.
PARTIES 1. Plaintiff, Michael Steinberg, is a resident of Hillsborough County, Florida and registered as a member of the Democratic Party. He has regularly voted in Florida primary and general elections and intends to vote in the August 2014 primary elections and in the November 2014 general election. He is also the husband of candidate, Miriam Steinberg, a Republican candidate for the State House of Representatives, District 64. Defendant, Ken Detzner, is the Secretary of State of The State of Florida and is sued only in his official capacity. Ken Detzner is the constitutional officer charged with certifying qualified candidates for elected office in the State of Florida. Defendant, Craig Latimer, is the Supervisor of Elections of Hillsborough County, Florida and is sued only in his official capacity. Craig Latimer is the constitutional officer charged administering elections in Hillsborough County Florida. Defendant, Deborah Clark, is the Supervisor of Elections of Pinellas County, Florida and is sued only in her official capacity. Deborah Clarkis the constitutional officer charged administering elections in Hillsborough County Florida. The boundaries of State House District 64 include parts of Hillsborough and Pinellas County Florida. Defendant, Daniel J ohn Matthews is an individual who filed paperwork to qualify as a write-in candidate, for State House District 64. Plaintiff believes, and therefore alleges, that Defendant, Matthews, is a resident of Leon County, Florida.
FACTS
2. Defendant, Matthews, has filed to seek election as a write-in candidate for the Florida House of Representatives District 64 seat in the November 4, 2014, general election. 3. Section 99.061, Florida Statutes requires a person running for office to file specific forms with the appropriate filing officer during the qualifying period. The qualifying period for legislative office ended at noon on J une 20, 2014. 4. On J une 20, 2014, at 11:57 A.M., the Defendant, Matthews, filed qualifying paperwork with the Division of Elections. True and correct copies of the documents filed with the Florida Division of Elections are attached hereto as Exhibit A and incorporated herein by reference. 5. On the form 6, financial disclosure statement, Defendant indicated certain assets and liabilities and reported a negative net worth. 6. The Financial Disclosure form requires that the candidate give the name and address of all liabilities. The Defendant, Matthews, under liabilities, listed Student Loans- U.S. Govt. The Defendant did not provide the name and address of the creditor, and therefore, the financial disclosure form was deficient 7. On the financial disclosure form the Defendant listed his mailing address as 4703 Windflower Circle, Tampa, FL 33624. However, on the section for source of income, he listed that he worked for Cats on Deck 6054 Miller Landing Cove, Tallahassee, FL 32312. The qualification forms were notarized in Tallahassee, Florida. The Defendants parents own a home and reside at 4703 Windflower Circle, Tampa, FL 33624 and the Defendant is registered to vote using that address, however, it appears that the Defendant actually resides in Tallahassee, FL and was not a resident within the boundaries of District 64 at the time he attempted to qualify. 8. On the candidate oath form, the Defendant alleged his address was 7043 Wildflower Cir., Tampa, FL 33624, rather than 7043 Windflower Cir., Tampa, FL 33624. This was handwritten, therefore, this was not a typographical error. If the Defendant actually resided at 7043 Windflower Cir., Tampa, FL 33624, he would know how to spell the name of his own street. 9. Florida Statute 99.0615, provides, Write-in candidate residency requirements.At the time of qualification, all write-in candidates must reside within the district represented by the office sought. 10. Article VI, Section 7, subsection 5(b), of the Florida Constitution provides If all candidates for an office have the same party affiliation and the winner will have no opposition in the general election, all qualified electors, regardless of party affiliation, may vote in the primary elections for that office.
COUNT ONE
REQUEST FOR DECLARATORY AND INJUNCTIVE RELIEF
12. The allegations in paragraphs 111of the complaint are re-alleged
13. Defendant, Daniel J ohn Matthews, was not a bonafide resident of the district for which he attempted to qualify to represent, as of the date he filed his qualification papers, J une 20, 2014. 14. Because the Defendant, Matthews, was not a bona fide resident of the district for which he attempted to qualify to represent, as of the date he filed his qualification papers, the filing officers decision that the Defendant, Matthews successfully qualified to run for office, was in error.
15. The defendant, Daniel J ohn Matthews was ineligible to qualify to run as a write in candidate as of the date he filed his qualification papers.
16. Plaintiff will suffer immediate and irreparable harm if Defendant, Matthews is not disqualified as a write-in candidate, because he will not be able to vote in the August 2014 primary election for district 64, State House of Representatives, as he is not a member of the Republican Party and the only candidates who will qualify to run, other than Defendant Matthews, are Republican candidates.
17. Plaintiff has no adequate remedy at law, and it is in the public interest to ensure that all voters, within the boundaries of State House of Representatives, District 64, have an opportunity to vote for the candidate of their choice.
Wherefore, Plaintiff respectively requests that this court:
1. Declare that Defendant, Daniel J ohn Matthews, is not legally qualified to run as a write-in candidate for the State House of Representatives, District 64, for the 2014 election;
2. Enjoin Defendants, Browning, and all persons and entities acting under their direction or in concert with them, from precluding any qualified voters registered to vote within the boundaries of House District 64, regardless of party or nonparty affiliation, from voting in the August 2014 primary election for the State House of Representatives District 64;
3. Award to Plaintiff, attorneys fees, expenses, and costs incurred in prosecuting this action; and
4. Order such other and further relief as this court may deem appropriate.
Respectfully submitted
Michael Steinberg Florida bar number 0340065 Email MAS@SSAlawyers.com 4925 Independence Pkwy. Suite 195 Tampa, FL 33634 813221 1300 Telephone Number 813-221-1300 - Facsimile