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FAIR v. TAYLOR

Civ. Nos. 72-296, 72-299, 72-341 and 72-187.

359 F.Supp. 304 (1973)

Jim FAIR, Individually, and as representative of similarly situated residents of the State of Florida, Plaintiff, v. J. F. TAYLOR, as Clerk of the Circuit Court of Hillsborough County, Florida, and the State of Florida, Defendants. Charles MIRANDA, Individually, Plaintiff, v. James A. SEBESTA, as Supervisor of Elections of Hillsborough County, Florida, et al., Defendants. June HARTWICK et al., Plaintiffs, v. Richard STONE, as Secretary of State of the State of Florida and as Commissioner of Elections, et al., Defendants. William S. MULLON et al., Plaintiffs, v. Richard STONE, as Secretary of State of the State of Florida, Defendant.

United States District Court, M. D. Florida, Tampa and Orlando Divisions.

April 23, 1973.

Attorney(s) appearing for the Case

Florida Rural Legal Services, Pompano Beach, Fla., for plaintiffs in No. 72-341.

Minnis & Williams, St. Petersburg, Fla., for intervenor.

Jim Fair, pro se.

Arthur T. McDonald, Tampa, Fla., for interested plaintiffs in No. 72-296.

Steve A. Di Dio, Tampa, Fla., for plaintiff in No. 72-299.

Robert L. Shevin, Atty. Gen. State of Florida, and Barry Scott Richard, Deputy Atty. Gen., Tallahassee, Fla., for defendants in Nos. 72-296 and 72-341.

Richard P. Condon, in pro. per.

G. Steven Pfeiffer, of Trenam, Simmons, Kemker, Scharf & Barkin, Tampa, Fla., for defendants in Nos. 72-187 and 72-299.

Warren M. Cason, County Atty., by Michael J. O'Brien, Resident County Atty., Tampa, Fla., for Taylor and Sebesta.

Kent Spriggs, Tallahassee, Fla., for intervenor Bush; Charles Morgan, Jr., Morris Brown, Emily Carssow, Neil Bradley, Atlanta, Ga., of counsel.

Before RONEY, Circuit Judge, and KRENTZMAN and HODGES, District Judges.

BY THE COURT:

In these consolidated cases, plaintiffs, aspiring candidates for public office, challenge as unconstitutional those sections of Florida's election law which require that a candidate for a political party's nomination pay, as a condition of qualifying, five percent of the annual salary of the office sought. Fla.Stat. §§ 99.061, 99.092, and § 105.031, F.S.A. Prior Three Judge Federal District Courts and the Supreme Court of Florida have...

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