Ronald Bray lawsuit

Published on May 2016 | Categories: Types, Business/Law, Court Filings | Downloads: 42 | Comments: 0 | Views: 233
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lawsuit to remove Ronald L. Bray from Kristin Jacobs House 96 race

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

ROBERT ADAMS,

Plaintiff,
CASE NO:
v. DIVISION:

RONALD BRAY,
DR. BRENDA SNIPES, IN HER OFFICIAL CAPACITY AS SUPERVISOR OF
ELECTIONS OF BROWARD COUNTY, FLORIDA,
AND KEN DETZNER, IN HIS OFFICIAL CAPACITY AS SECRETARY OF THE
STATE OF FLORIDA, DEPARTMENT OF STATE,

Defendants
/

AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

Plaintiff, Robert Adams, brings this action to disqualify the candidacy of
Ronald Bray (hereinafter “Bray”) as a write–in candidate for District 96, State
House of Representatives, for the November 2014 election, and to direct
Defendants to allow all qualified registered voters in District 96 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, Robert Adams, is a resident of Broward County, Florida and not
registered as a member of a political 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. 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, Dr. Brenda
Snipes, is the Supervisor of Elections of Broward County, Florida and is sued
only in her official capacity. Dr. Brenda Snipes is the constitutional officer
charged with administering elections in Hillsborough County Florida. Defendant,
Ronald Bray is an individual who filed paperwork to qualify as a write-in
candidate, for State House District 96. Plaintiff believes, and therefore alleges,
that Defendant, Bray, is not a resident of Florida House District 96.
FACTS

2. Defendant, Bray has filed to seek election as a write-in candidate for the
Florida House of Representatives, District 96 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 19, 2014,., the Defendant, Bray, filed qualifying paperwork with
the State of Florida, Department of State, Division of Elections. True and correct
copies of the document filed with the Florida Division of Elections are attached
hereto as Exhibit “A” and incorporated herein by reference.
5. On the candidate oath form, the Defendant alleged his address was 1711
S.W. 2
nd
Ave. Pompano Beach, FL 33060, which is outside the boundaries of
State House District 96.
6. 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.
7. 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

8. The allegations in paragraphs 1–7 of the complaint are re-alleged

9. Defendant, Bray, 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,
J une 19, 2014.
10. Because the Defendant, Bray, 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 officer’s decision that the Defendant, Bray
successfully qualified to run for office, was in error.
15. The defendant, Daniel Bray 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, Bray is
not disqualified as a write-in candidate, because he will not be able to vote in the
August 2014 primary election for district 96, State House of Representatives, as
he is not a member of the Democratic Party and the only candidates who
qualified to run, other than Defendant Bray, are Democratic 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 96, have an opportunity to vote for the candidate of their choice.

Wherefore, Plaintiff respectively requests that this court:


1. Declare that Defendant, Ronald Bray, is not legally qualified to run as a
write-in candidate for the State House of Representatives, District 96, for the
2014 election;
2. Enjoin Defendants, Ken Detzner, and D. Brenda Snipes, 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 96, regardless of party or nonparty affiliation, from voting in the August
2014 primary election for the State House of Representatives District 96;
3. Award to Plaintiff, attorney’s 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


s/Michael Steinberg
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

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