House 64 lawsuit

IN THE CIRCUIT COURT OF THE SECOND J UDICIAL CIRCUIT
IN AND FOR LEON COUNTY FLORIDA
CIRCUIT CIVIL DIVISION

MICHAEL STEINBERG,
Plaintiff,
CASE NO: 10-
v. DIVISION:

DANIELJ OHN MATTHEWS,
CRAIG LATIMER, IN HIS OFFICIAL CAPACITY AS SUPERVISOR OF ELECTIONS OF
HILLSBOROUGH COUNTY, FLORIDA,
DEBORAH CLARK, IN HER OFFICIAL CAPACITY AS SUPERVISOR OF ELECTIONS
OF PINELLAS COUNTY, FLORIDA,
AND KURT BROWNING, IN HIS OFFICIAL CAPACITY AS SECRETARY OF
THE STATE OF FLORIDA, DEPARTMENT OF STATE,
Defendants
/

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

Plaintiff brings this action to disqualify the candidacy of Daniel J ohn

Matthews (hereinafter “Matthews”) as a write–in candidate for District 64, State

House of Representatives, for the November 2014 election, and to direct

Defendant to allow all qualified registered voters in District 64 to vote in the

August 2014 primary election, regardless of party or non-party status.

JURISDICTION AND VENUE

1. This court has subject matter jurisdiction over this action pursuant to

Article V (b) of the Florida Constitution and sections 26.012 and section 6.011,
Florida Statutes. This court has jurisdiction to grant (A) declaratory relief pursuant
to Article V, section 5 (b), of the Florida Constitution and section 86.011, Florida
Statutes, and (B) injunctive relief pursuant to Article V, section 5 (b) of the Florida
Constitution, section 26.012 (3), Florida statutes, and Florida Rules of Civil
Procedure 1.610. Venue is proper in Leon County pursuant to section 47.011,
Florida statutes because the office of the Secretary of the Florida Department of
State is located in Leon County, Florida.

PARTIES
1. Plaintiff, Michael Steinberg, is a resident of Hillsborough County, Florida
and registered as a member of the Democratic Party. He has regularly voted in
Florida primary and general elections and intends to vote in the August 2014
primary elections and in the November 2014 general election. He is also the
husband of candidate, Miriam Steinberg, a Republican candidate for the State
House of Representatives, District 64. Defendant, Ken Detzner, is the Secretary
of State of The State of Florida and is sued only in his official capacity. Ken
Detzner is the constitutional officer charged with certifying qualified candidates
for elected office in the State of Florida. Defendant, Craig Latimer, is the
Supervisor of Elections of Hillsborough County, Florida and is sued only in his
official capacity. Craig Latimer is the constitutional officer charged administering
elections in Hillsborough County Florida. Defendant, Deborah Clark, is the
Supervisor of Elections of Pinellas County, Florida and is sued only in her official
capacity. Deborah Clarkis the constitutional officer charged administering
elections in Hillsborough County Florida. The boundaries of State House District
64 include parts of Hillsborough and Pinellas County Florida. Defendant, Daniel
J ohn Matthews is an individual who filed paperwork to qualify as a write-in
candidate, for State House District 64. Plaintiff believes, and therefore alleges,
that Defendant, Matthews, is a resident of Leon County, Florida.



FACTS

2. Defendant, Matthews, has filed to seek election as a write-in candidate for
the Florida House of Representatives District 64 seat in the November 4, 2014,
general election.
3. Section 99.061, Florida Statutes requires a person running for office to file
specific forms with the appropriate filing officer during the qualifying period. The
qualifying period for legislative office ended at noon on J une 20, 2014.
4. On J une 20, 2014, at 11:57 A.M., the Defendant, Matthews, filed
qualifying paperwork with the Division of Elections. True and correct copies of
the documents filed with the Florida Division of Elections are attached hereto as
Exhibit “A” and incorporated herein by reference.
5. On the form 6, financial disclosure statement, Defendant indicated certain
assets and liabilities and reported a negative net worth.
6. The Financial Disclosure form requires that the candidate give the name
and address of all liabilities. The Defendant, Matthews, under liabilities, listed “
Student Loans- U.S. Govt. The Defendant did not provide the name and address
of the creditor, and therefore, the financial disclosure form was deficient
7. On the financial disclosure form the Defendant listed his mailing address
as 4703 Windflower Circle, Tampa, FL 33624. However, on the section for
source of income, he listed that he worked for “Cats on Deck – 6054 Miller
Landing Cove, Tallahassee, FL 32312. The qualification forms were notarized in
Tallahassee, Florida. The Defendant’s parents own a home and reside at 4703
Windflower Circle, Tampa, FL 33624 and the Defendant is registered to vote
using that address, however, it appears that the Defendant actually resides in
Tallahassee, FL and was not a resident within the boundaries of District 64 at the
time he attempted to qualify.
8. On the candidate oath form, the Defendant alleged his address was 7043
Wildflower Cir., Tampa, FL 33624, rather than 7043 Windflower Cir., Tampa, FL
33624. This was handwritten, therefore, this was not a typographical error. If the
Defendant actually resided at 7043 Windflower Cir., Tampa, FL 33624, he would
know how to spell the name of his own street.
9. Florida Statute § 99.0615, provides, “Write-in candidate residency
requirements.—At the time of qualification, all write-in candidates must reside
within the district represented by the office sought.
10. Article VI, Section 7, subsection 5(b), of the Florida Constitution provides
“If all candidates for an office have the same party affiliation and the winner will
have no opposition in the general election, all qualified electors, regardless of
party affiliation, may vote in the primary elections for that office.”

COUNT ONE

REQUEST FOR DECLARATORY AND INJUNCTIVE RELIEF

12. The allegations in paragraphs 1–11of the complaint are re-alleged

13. Defendant, Daniel J ohn Matthews, was not a bonafide resident of the
district for which he attempted to qualify to represent, as of the date he filed his
qualification papers, J une 20, 2014.
14. Because the Defendant, Matthews, was not a bona fide resident of the
district for which he attempted to qualify to represent, as of the date he filed his
qualification papers, the filing officers decision that the Defendant, Matthews
successfully qualified to run for office, was in error.

15. The defendant, Daniel J ohn Matthews was ineligible to qualify to run as
a write in candidate as of the date he filed his qualification papers.

16. Plaintiff will suffer immediate and irreparable harm if Defendant,
Matthews is not disqualified as a write-in candidate, because he will not be able
to vote in the August 2014 primary election for district 64, State House of
Representatives, as he is not a member of the Republican Party and the only
candidates who will qualify to run, other than Defendant Matthews, are
Republican candidates.

17. Plaintiff has no adequate remedy at law, and it is in the public interest to
ensure that all voters, within the boundaries of State House of Representatives,
District 64, have an opportunity to vote for the candidate of their choice.


Wherefore, Plaintiff respectively requests that this court:


1. Declare that Defendant, Daniel J ohn Matthews, is not legally qualified to
run as a write-in candidate for the State House of Representatives, District 64, for
the 2014 election;

2. Enjoin Defendants, Browning, and all persons and entities acting
under their direction or in concert with them, from precluding any qualified
voters registered to vote within the boundaries of House District 64, regardless of
party or nonparty affiliation, from voting in the August 2014 primary election for
the State House of Representatives District 64;

3. Award to Plaintiff, attorneys fees, expenses, and costs incurred in
prosecuting this action; and

4. Order such other and further relief as this court may deem appropriate.



Respectfully submitted


Michael Steinberg
Florida bar number 0340065
Email [email protected]
4925 Independence Pkwy. Suite 195
Tampa, FL 33634
813–221 – 1300 Telephone Number
813-221-1300 - Facsimile