State v. Patterson

• Decision Date: 26 May 1914
• Citation: 65 So. 659,67 Fla. 499
• Parties: STATE ex rel. JOHNSON v. PATTERSON et al.
• Court: Florida Supreme Court

65 So. 659

67 Fla. 499

STATE ex rel. JOHNSON v. PATTERSON et al.

Florida Supreme Court

May 26, 1914

Original mandamus by the State, on the relation of Ira Johnson against J. H. Patterson and others. Defendants' demurrer overruled.

Syllabus by the Court

SYLLABUS

The legislative intent is the essence and vital force of a statutory enactment.

The object of chapters 6469, 6470, Acts 1913, is to prevent corruption, fraud, and deception of all kinds in primary elections, and the statutes shall be enforced to accomplish the legislative purpose.

If a person in good faith actually and in fact first announces or becomes a candidate for a county office at a time which is less than 25 days prior to the date of the primary election he must, under section 26, c. 6469, Acts 1913, qualify within the prescribed time, and is required to file all the statements and to do all things prescribed for such a candidate to do after he in fact becomes a candidate; but he is not required to file statements of expenses at a time when he was not in fact a candidate.

COUNSEL Thomas B. Adams and Register & Donnell, all of Jacksonville, for relator.

Fleming & Fleming and J. S. Diver, all of Jacksonville, for respondents.

OPINION

WHITFIELD J.

In mandamus proceedings it is in effect alleged that on May 12 1914, the relator became a candidate for nomination to the office of member of the board of public instruction district No. 3 Duval county, Fla.; that on May 13, 1914, relator filed with the clerk of the circuit court for Duval county, the sworn statement as to his qualifications to become a candidate as aforesaid, in accordance with chapter 6469, Act of 1913, and has in all respects complied with the provisions of said chapter requisite to having his name printed on the official ballots as a candidate for the office aforesaid at the primary election to be held June 2, 1914; that the county commissioners refuse to have his name so printed on the official ballots for the reason that the relator did not file with the clerk a sworn statement of his expenses as such candidate 25 days prior to the date of the primary to be held June 2, 1914; that relator had not, prior to May 12, 1914, announced to any person or to the public that he was a candidate for member of the board of public instruction as aforesaid; that prior to May 12, 1914, relator was not at any time a candidate for member of the board of public instruction as aforesaid, nor for any other office, and therefore relator was not a candidate on May 8, 1914, the day on which all who were at that time candidates, were by section 19, chapter 6470, Acts of 1913, required to file sworn itemized statements of their campaign expenses, but relator did announce his candidacy on May 12, 1914, and did on May 13, 1914, file with the clerk of the circuit court his sworn statement, as required by sections 22, 24, and 26 of chapter 6469, Acts of 1913. That object of the proceedings is to require the county commissioners to place relator's name on the official ballots to be used at the primary election to be held on June 2, 1914, upon the theory that as relator did become a candidate in time to qualify, and did comply with the law after he became a candidate on May 12, 1914, and as relator did not become a candidate until within less than 25 days before the date of the primary election, he is not by law required to comply with the provision of the statute commanding an expense account to be filed 'not more than thirty days nor less than twenty-five days prior to the primary.' By demurrer the respondents admit all the material allegations set up by the relator.

Section 22 of chapter 6469, Laws of Florida, Acts of 1913, requires every candidate for nomination to any office to file a sworn statement containing specific matters relative to his qualifications, and also a statement 'that he has paid the assessment levied against him as a candidate for said office.' Section 24 requires a filing fee to be paid. Section 26 is as follows:

'Each candidate for nomination for an office to be voted for wholly within a single county shall file his sworn statement and receipt for committee assessment, if any has been levied, with, and pay his filing fee as herein required to, the clerk of the circuit court of said county, who shall receive the same in his capacity as clerk of the board of county commissioners of said county, not less than twenty days previous to the day of the primary election.'

Section 27 provides:

'Each person who shall have filed his sworn statement and paid his filing fee and committee assessment, if any, as herein required, shall be entitled to have his name printed on the official primary election ballot. * * *'

Sections 13, 19, and 20 of chapter 6470 provide:

'Sec. 13. That the word 'candidate' in this act means any person who has announced to any person, or to the public, that he is a candidate for a certain office.'

'Sec 19. That each and every candidate for nomination in a primary election, be and he is hereby required to file in the...