A former Republican who jumped to a minor party last year must wait until 2014 to run for Congress as a Democrat as she wants. Or she could continue to seek the office this year as a big or little I for independent, a Leon County Circuit judge ruled Thursday.
Nancy Argenziano, once a GOP state lawmaker, believes she would win the District 2 seat on the Panhandle regardless of the party affiliation.But she will need some time to decide if she will challenge the ruling handed down from the bench by Judge James Shelfer -- or even if she will continue to challenge freshman Rep. Steve Southerland, R-Panama City.
I have to give it some thought. I just dont like being forced by the state to pick a party, for them to tell me which party I can run in, she said after Shelfer announced his decision.
Argenziano, who also served as a Public Service Commission member, has been a member of the Independent Party of Florida since May 31, 2011, after a falling out with Republican Party leaders.
In September, she decided to challenge Southerland as a Democrat.
However, a 2011 state law prohibits anyone from changing from one registered party within a year of the qualifying period. The law effectively requires anyone who wants to change parties prior to running for office to do so about 17 months before an election.
The rule was crafted by legislators a year after former governor Charlie Crist skipped out on the GOP in his 2010 bid for U.S. Senate as his primary prospects dimmed.
Judge Shelfer said the rule doesnt prohibit Argenziano from continuing to run for the office. However, he noted that under prior court rulings even a two-year requirement for changing parties is not something that is unreasonable.
Argenziano continues to be registered with the Independent Party of Florida. She began 2012 with $6,275 in her campaign account; far short of the $311,000 Southerland had on hand as the year began, according to the Federal Election Commission.
She would also be trailing -- financially -- three of the four announced Democratic candidates she would have had to challenge in a primary.
Argenzianos attorney, Janet Ferris, argued that the law should have been ruled unconstitutional because candidates can be registered with no party affiliation, deemed small i independent, and declare on the qualifying date the party they intend to run under.
Ferris added that since the Democratic Party of Florida has objected to the rule, the Republican-dominated Legislature should be forced to defend it.
The state is telling her how she should run for office, Ferris said. Thats like saying, you have a right to religious freedom but if you want to come to Tallahassee you have to be a Methodist.
Daniel Nordby, general counsel for the Florida Department of State, which oversees elections, responded that Argenziano isnt prohibited from running.
She can seek the nomination of her political party, the Independent Party of Florida, or she can run as a candidate with no party affiliation, Nordby said. She has not been denied ballot access.
Reach Jim Turner at jturner@sunshinestatenews.com or at (772) 215-9889.