---

From: Gww1210@aol.com
To: PESICEK.KRISTEN.S27@flsenate.gov
CC: Dockery.Paula.Web@flsenate.gov, aronberg.dave.web@flsenate.gov
Sent: 8/28/2008 5:08:14 P.M. Eastern Daylight Time
Subj: Re: Gordon Watts-Ledger Editorial

 

Looks excellent, Kristen. Good job. The only changes that I would make might be the following:

 

(A) To include language for "one or more" write-in candidate (both in the thing placed on the ballot and, of course, in the actual constitutional amendment) -see below where I make the minor grammatical changes. (Hey, there might be "more than one" -like in this Dist. 64 race, remember?)

(B) To make sure that people know an 'elector' is a 'voter' (I make that minor change below too -using red and blue, with pastel yellow highlight)

 

What does the legal geek squad say about this? (Also, more importantly, what do the other senators and representatives say about this?)

 

Lastly, isn't there an end-run around the method you outline? That is, can't the lawmakers simply make changes to the State Constitution themselves without a voter referendum -by a super majority of both senate & house? Oops- that doesn't seem to likely if a simple majority is hard to get, but it is easier and quicker.)

 

Gordon

 

In a message dated 8/28/2008 4:36:20 P.M. Eastern Daylight Time, PESICEK.KRISTEN.S27@flsenate.gov writes:

Hi – Let me know what you think about the languag below.  Some of the “weaker attempts” to close the loophole are due to procedural rules.  The method below would require a constitutional amendment, which requires more than a mere majority vote.  The “weaker attempts” can narrow the loophole via statutory changes which only need a majority vote.

Talk with you soon,

Kristen

 

 

27-222-06

  1                     Senate Joint Resolution

  2         A joint resolution proposing an amendment to

  3         Section 5 of Article VI of the State

  4         Constitution to prescribe additional

  5         circumstances in which electors may vote in a

  6         primary election regardless of party

  7         affiliation.

  8  

  9  Be It Resolved by the Legislature of the State of Florida:

10  

11         That the following amendment to Section 5 of Article VI

12  of the State Constitution is agreed to and shall be submitted

13  to the electors of this state for approval or rejection at the

14  next general election or at an earlier special election

15  specifically authorized by law for that purpose:

16                            ARTICLE VI

17                      SUFFRAGE AND ELECTIONS

18         SECTION 5.  Primary, general, and special elections.--

19         (a)  A general election shall be held in each county on

20  the first Tuesday after the first Monday in November of each

21  even-numbered year to choose a successor to each elective

22  state and county officer whose term will expire before the

23  next general election and, except as provided herein, to fill

24  each vacancy in elective office for the unexpired portion of

25  the term. A general election may be suspended or delayed due

26  to a state of emergency or impending emergency pursuant to

27  general law.  Special elections and referenda shall be held as

28  provided by law.

29         (b)  If all candidates for an office have the same

30  party affiliation and the winner will have either no

31  opposition in the general election or opposition only from a one or more 

                                  1

CODING: Words stricken are deletions; words underlined are additions.

    Florida Senate - 2006                                  SJR 106

    27-222-06

 1  write-in candidates, then all qualified electors (e.g., voters), regardless of

 2  party affiliation, may vote in the primary elections for that

 3  office.

 4         BE IT FURTHER RESOLVED that the following statement be

 5  placed on the ballot:

 6                     CONSTITUTIONAL AMENDMENT

 7                      ARTICLE VI, SECTION 5

 8         OPEN PRIMARY ELECTION; ADDITIONAL

 9  CIRCUMSTANCES.--Proposing an amendment to the State

10  Constitution that will permit all electors (e.g., voters) regardless of party

11  affiliation to vote in any primary election for an office, in

12  the same manner as currently permitted when the winner of the

13  primary will be unopposed in the general election, if the

14  winner of the primary will be opposed in the general election

15  by a one or more write-in candidates only.

 

 

 

 

 

 

 

 

 

 

 

_____________________________________________________________________ 
Kristen Pesicek • Legislative Aide • Senator Dave Aronberg • Florida Senate Dist. 27 • Pesicek.Kristen.s27@flsenate.gov
(561) 433-2627 • FAX (561) 434-3995 • 6415 Lake Worth Road Suite 210 Greenacres, FL  33463

(850) 487-5356 • FAX (850) 487-5496 • 405 Senate Office Bldg. 404 S. Monroe St. Tallahassee, FL 32399

---

From: Gww1210@aol.com [mailto:Gww1210@aol.com]
Sent: Monday, August 25, 2008 6:59 PM
To: PESICEK.KRISTEN.S27
Cc: ARONBERG.DAVE.WEB
Subject: RE: Gordon Watts-Ledger Editorial

 

Thanks for the speedy reply, Kristen. The prior attempts to fix this problem usually only did things like require public disclosure of party (which wouldn't do JACK to stop the abuse: I'm a perfect example)

        :-)

-or went overboard by requiring the same fee for write-ins as with standard candidates. That was not wise -since that is effectively the same as "writing off" and eliminating the write-in method. Really! Who would be a write-in when you can get your name on the ballot for the same price. (I think Sen. Wilson was the one who proposed that, but I can't quite recall.)

    #1: Try my proposed method.

    #2: If someone is stupid enough to vote against it, have them call me.

    #3: All the good guys party afterwards when it inevitably passes -let's hope, however, this "inevitably" is in our lifetime -not in the distant future or when Jesus returns again!

    --Gordon Wayne Watts, "write-in" candidate for Dist. 64 House race

 

In a message dated 8/25/2008 2:00:18 P.M. Eastern Daylight Time, PESICEK.KRISTEN.S27@flsenate.gov writes:

Hi Mr. Watts –

Sen. Aronberg is traveling this week and asked me to follow-up with you.  He agrees with you.  Unfortunately, the legislation has stalled (people who benefit from the system don’t have much incentive to change it).  He did try to get an amendment passed last year – it was an 18 to 18 vote.  Hopefully this legislative session something will get done.

I will keep you posted on his efforts.

Take care,

Kristen

 

_____________________________________________________________________ 
Kristen Pesicek • Legislative Aide • Senator Dave Aronberg • Florida Senate Dist. 27 • Pesicek.Kristen.s27@flsenate.gov
(561) 433-2627 • FAX (561) 434-3995 • 6415 Lake Worth Road Suite 210 Greenacres, FL  33463

(850) 487-5356 • FAX (850) 487-5496 • 405 Senate Office Bldg. 404 S. Monroe St. Tallahassee, FL 32399

From: Gww1210@aol.com [mailto:Gww1210@aol.com]
Sent: Thursday, August 21, 2008 10:17 AM
To: DOCKERY.PAULA.WEB
Cc: ARONBERG.DAVE.WEB
Subject: Re: FW: Gordon Watts-Ledger Editorial

 

You're welcome, Paula. Best of luck in help here -I'm sending a copy to your colleague on the Democrat side.

 

They should be looking into this -one proposed solution would be to let all candidates go into the general election instead of the primary if only one party and/or some write-in candidate(s) are present.

 

This would make a person altering the primary "rules" have to pay up a filing fee and/or get signatures -and would stop "monkey business" I think.

 

PS: On the forum associated with that letter, I made additional comments:

 

This link: http://forums.theledger.com/eve/forums/a/tpc/f/2631062365/m/9861094457 (the copy and paste appears between your reply and my byline signature)

 

In a message dated 8/21/2008 10:03:57 A.M. Eastern Daylight Time, DOCKERY.PAULA.WEB@flsenate.gov writes:

Gordon, thank you for your phone call this morning. I co-sponsored legislation 2 years in a row in attempt to close the write-in loophole. Warm regards,

 

Paula

 

http://www.theledger.com/article/20080821/NEWS/9842/1037/edit&title=Write_In_Candidates