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TELLI v. SNIPES

No. 4D12-3303.

98 So.3d 1284 (2012)

William TELLI, an individual, Appellant, v. Dr. Brenda C. SNIPES, in her official capacity as Supervisor of Elections for Broward County, Florida, Ken Detzner, as the Florida Secretary of State, and the Elections Canvassing Commission, Appellees.

District Court of Appeal of Florida, Fourth District.

October 26, 2012.

Attorney(s) appearing for the Case

William R. Scherer , Daniel S. Weinger and Eric J. Rayman of Conrad & Scherer, LLP, Fort Lauderdale, for appellant.

Burnadette Norris-Weeks of Burnadette Norris-Weeks, P.A., Fort Lauderdale, for appellee Dr. Brenda C. Snipes.

Daniel E. Nordby , General Counsel, and Ashley E. Davis , Assistant General Counsel, Florida Department of State, Tallahassee, for appellees Florida Secretary of State and Florida Elections Canvassing Commission.

POLEN, J.

I. FACTUAL BACKGROUND

Both parties stipulate that the facts are not in dispute. Plaintiff, a registered Republican, filed suit seeking to "open" the Democratic Party's primary election for the office of Broward County Commissioner for District 7. The plaintiff relies on the Universal Primary Amendment ("UPA"), which amended Art. VI, § 5 of the Florida Constitution to read: "If all candidates for an office have the same party affiliation and...

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