Florida Liberty!

Facing a block in the courts, Florida Libertarians began meeting with representatives of over 30 community coalitions to bring a petition to the people foir fair ballots.

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Florida Case LawLIBERTARIAN PARTY OF FLA. v. SMITH, 665 So.2d 1119 (Fla.App. 1 Dist. 1996)No. 95-547.January 4, 1996.

Appellants, the Libertarian Party of Florida, its executive committee, and a Libertarian candidate for the Florida House of Representatives, seek reversal of a final judgment ruling against their complaint for declaratory and injunctive relief which challenged the constitutionality of section 99.103, Florida Statutes (1993). The challenged statute excludes political parties with less than 5 percent of total registered voters ? i.e., "minor political parties" ? from receiving partial rebates of their candidates' filing fees.[fn1] It is undisputed that were it not for the Libertarian Party's status as a minor party, the challenged statute would entitle its executive committee to a rebate of approximately half of its candidates' filing fees. The appellants claim that the statute violates the Equal Protection Clause because it is a discriminatory classification that unfairly burdens their fundamental First and Fourteenth Amendment right to associate politically by placing minor parties and their candidates at a competitive disadvantage vis-a-vis the two major parties.[fn2] We reject appellants' contention, and affirm.

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Florida Case LawLIBERTARIAN PARTY OF FLORIDA v. SMITH, 660 So.2d 807 (Fla.App. 1 Dist. 1995)No. 95-373.September 22, 1995.

Appellants, the Libertarian Party of Florida, four Libertarian candidates for various offices, and three registered voters, seek reversal of a final judgment ruling against their complaint for declaratory and injunctive relief which challenged the constitutionality of section 99.096(2), Florida Statutes (1993). The challenged statute provides that "minor political party" candidates for local and regional office may appear on the ballot only if the sponsoring party has obtained a petition signed by 3 per cent of the registered electors of the district, county or geographical entity represented by the office sought. The appellants claim that the lower court erred when it (i) refused to declare section 99.096(2) unconstitutional because the provision imposes upon minor party candidates a more stringent means of ballot access than is imposed upon candidates of the two major parties, the Republican and Democratic Parties, and (ii) refused to enjoin application of this statutory provision prior to the 1992 general election. Because we agree with the trial court that the statute is constitutional both on its face and as applied, we affirm