Fladell v. Palm Beach County Canvassing Board

772 So. 2d 1240 (2000)

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Fladell v. Palm Beach County Canvassing Board

Florida Supreme Court
772 So. 2d 1240 (2000)

  • Written by Liz Nakamura, JD

Facts

Andre Fladell (plaintiff), a resident of Palm Beach County, Florida, filed an action against the Palm Beach County Canvassing Board (the board) (defendant) challenging the legality of the ballot used for the general presidential election in November 2000. Fladell alleged that Palm Beach County’s ballot was patently defective because it violated the statutory requirements for the form and design of ballots. Fladell further alleged that the defective ballot was so confusing that he feared he had cast a vote for the wrong candidate. Fladell asked the court to void the election and order either a re-vote, a new election, or a statistical reallocation of the votes cast in Palm Beach County. A copy of the allegedly patently defective ballot was annexed to Fladell’s complaint as an exhibit. The trial court dismissed Fladell’s complaint with prejudice, holding that the ballot was not patently defective on its face. Fladell appealed. The appellate court certified Fladell’s appeal directly to the Florida Supreme Court for immediate review under the Florida Supreme Court’s discretionary pass-through jurisdiction.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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