Alexander v. Booth

• Decision Date: 05 February 1952
• Parties: ALEXANDER et al. v. BOOTH et al.
• Court: Florida Supreme Court

Page 716

56 So.2d 716

ALEXANDER et al. v. BOOTH et al.

Supreme Court of Florida, Division B.

Feb. 5, 1952.

Rehearing Denied Feb. 22, 1952.

Ward & Ward, and Emmett C. Choate, all of Miami, for petitioners.

E. F. P. Brigham, Miami, for respondents.

MATHEWS, Justice.

This is a petition for a writ of certiorari to review the order of the Judge of the Circuit Court of Dade County denying the motion of petitioners herein to dismiss a complaint in equity.

The purpose of this suit was to determine the manner or method of selecting or electing National Committeemen and National Committeewomen and Delegates to the National Republican Convention. The Respondents here, plaintiffs in the Court below, contended that Section 103.101(7), F.S.,F.S.A., Election Code, gives the individual members of the Republican Party the right to elect persons to fill these party offices, either in a primary, or in some other method or manner. The petitioners here, defendants below, claim that the above section vested in the State Executive Committee of the party the power and discretion of determining the manner or method of electing or selecting such party officers, and if the Committee determines that such officers should be selected or elected by it, the Committee then has the power to proceed to select or elect such party officers.

The respondents alleged that they were informed and believe that it is the intention of the petitioners, unless enjoined by decree of the court, to 'attempt to elect, choose, or select' Delegates to the National Convention and Committeemen and Committeewomen, and the respondents prayed that the Court would enjoin the petitioners and each of them in their representative capacities as Members of the Republican State Executive Committee of Florida, from choosing, selecting, or attempting to do so, the Party officers in question.

These questions necessarily involve the proper construction to be placed upon Subsection 7 of Section 103.101, F.S.,F.S.A., and the power of the courts to interfere with, or regulate, the affairs of political parties in matters not regulated or controlled by Statutes.

There are certain facts and principles which are admitted by all parties to this cause. Prior to the enactment of the socalled Election Code by the Legislature in 1951, the Republican Party in this State was a minority party. By the enactment of the Code of 1951, we now have 3 classes of political parties.

A minority political party is defined in Subsection 3 of Section 102.71, F.S., now F.S.A. § 103.091, to be 'any political party now or hereafter existing, which for two consecutive presidential elections in this state polls a total of not less than five percent (5%) of the total vote case but which has failed to elect a majority of the electors of President and Vice President of the United States and has failed to elect a Governor of Florida.'

All political parties not within the definition of minority parties are further classified for the purpose of regulation by Section 103.101, F.S., F.S.A. This section reads as follows:

'(1) Each political party which had cast for its candidate for governor in the last election more than twenty percent of the total vote case for governor shall elect at the second primary in the year 1952 and every four years thereafter the delegates of said party to the national convention, one man and one woman delegate from each congressional district.

'(2) Each political party which had cast for its candidate for governor in the last election more than twenty percent of the total vote cast for governor shall elect at the second primary in the year 1952 and every four years thereafter the remaining delegates which said party is entitled to have as representatives at the national convention from the state-at-large and the number is equally divided, one-half women and one-half men.

'(3) Each candidate for election as a delegate to a national convention may have printed in small type following his or her name the name of the candidate for president whom he or she intends to vote for in said convention.

'(4) National committeemen and committeewomen of any political party authorized to have a primary under this section shall be elected in the first primary in the year 1952 and every four years thereafter.

'(5) Wherever an election is conducted for party delegate or officer, the results of such election are determined by plurality vote.

'(6) The names of all candidates for delegates shall be alphabetically listed according to surname.

'(7) Each political party whose candidate for governor in the last election for governor received less than twenty percent of the total vote cast for said office shall elect its delegates to its party's national convention and its national committeemen and national committeewomen in such manner as may be determined by the state executive committee of said party.'

It will, therefore, be observed that each political party which has cast for its candidate for governor in the last election more than twenty percent of the total vote cast 'shall elect at the second primary in the year 1952', and every four years thereafter delegates of the said party to the National Convention, one man and one woman Delegate from each Congressional District. In Subsection 2 the same provision applies with reference to Delegates to the National Convention from the State at large. Similar provisions in Subsection 4 relate to National Committeemen and National Committeewomen. These provisions with reference to a political party which had cast for its candidate for governor in the last election more than twenty percent of the total vote case are mandatory, and as to such a political party, neither the Executive Committee nor any other body has any discretion as to the manner of electing these party officers. The manner and method of so doing is provided by Statute, and is exclusive.

Subsection 7 of Section 103.101 covers each political party whose candidate for governor in the last election received less than twenty percent of the total vote case for said office.

This Subsection 7 of Section 103.101 was enacted for some purpose. We cannot assume that the Legislature would enact a law without some purpose in view. See Girard Trust Co. v. Tampashores Development Co., 95 Fla. 1010, 117 So. 786.

The statutes provide for State Executive Committees of political parties. See Section 103.111. The members of such committees are required to be elected in primary elections, beginning with the year 1942, and every four years thereafter. Such a committee is empowered 'to do anything that is considered by custom and practice as proper for party committees'. See Subsection 7 of Section 103.121, F.S.A.

Not only in the State of Florida, but throughout other states of the Union by 'custom and practice' party Executive Committees have exercised the power to elect, or select Delegates to the National Convention, when the subject matter is not regulated or controlled by Statute. See Stanford et al. v. Butler et al., 142 Tex. 692, 181 S.W.2d 269, 153 A.L.R. 1054; State ex rel. West v. Gray, Sec. of State et al., 124 Fla. 528, 169 So. 36; ...