Legal challenges are mounting against a new state law that prevents political candidates from switching parties within 365 days of an upcoming election.
Former Public Service Commission member Nancy Argenziano is suing to run as a Democrat for Congress. Argenziano, a former Republican, was barred from running as a Democrat because she had registered as a member of the Independent Party of Florida.
"A lot of people don't know about the law. They will find out at last minute at qualifying," said Janet Ferris, Argenziano's attorney.
The primary date is Aug. 14. The qualifying period for federal office runs from June 4-8.
In her complaint to the Second Circuit Court in Tallahassee, Argenziano argues that the "disaffiliation" statute, which took effect July 1, impermissibly creates two classes of candidates:
1. "Those who seek nomination and election as a candidate, who must swear or affirm that they have not been a registered member of any other political party for 365 days before the beginning of qualifying preceding the general election for which they seek to qualify.
2. "Those who leave an established political party and who seek to run as a candidate with no party affiliation and who are not required to disaffiliate themselves from a political party for 365 days ..."
State officials say that if Argenziano had registered as "No Party Affiliation," instead of with the Independent Party of Florida, she could have made the switch legally.
Ferris acknowledged that "the state does have an interest in regulating how many people can get on the ballot at any time." But she says Argenziano's case does not apply because she is seeking to move from a minor party to the Democratic Party.
Declining to comment on the specifics of Argenziano's challenge, Secretary of State spokesman Chris Cate said, "We look forward to presenting our case in defense of the law."
Without officially endorsing or supporting Argenziano, the Florida Democratic Party upholds her right to run as a Democrat.
In the court filing, the FDP "waived and rejected" the law in order to "to ultimately ensure the success of the Florida Democratic Party and to permit the full exercise of the Florida Democratic Party's right to associate with any candidate who may contribute to that success."
If her court bid fails, Argenziano said she will continue to run as an Independent against U.S. Rep. Steve Southerland, R-Tallahassee.
In another dispute, a Nassau County sheriff's candidate is contesting a state ruling to keep her off the ballot.
Carol Bachelor, a formerly registered member of the now-defunct Florida TEA (Taxed Enough Already) Party, tried to qualify as a candidate of the newly incorporated Tea Party of Florida.
The state Division of Elections rejected her bid, citing the 365-day disaffiliation rule.
Orlando attorney Fred O'Neal, who founded the original tea party, said the election law was being used to "further the existing duopoly the two major parties have over politics in this state."
"It is intentionally aimed at blocking participation by third party candidates," charged O'Neal, who has not yet filed suit.
Contact Kenric Ward at kward@sunshinestatenews.com or at (772) 801-5341.
