It is well past time to reform legal disenfranchisement | Steve Cottrell

As we approach the Aug. 23 primary election, a wacky campaign loophole is back in the news.

Specifically, I’m referring to state election regulations allowing write-in candidates to qualify for partisan races in order to turn open primaries into closed primaries. It’s legal and both parties employ it as a campaign tactic when it works to their advantage.

In St. Johns County, it usually means that only Republicans are able to participate in primary elections for seats on the county commission. In some other counties it benefits Democrats.

The write-in loophole can also impact Florida House and Senate primaries, but here’s how it usually works at the county commission level:

If two or more Republicans file for a commission seat and Democrats do not, it sets up an open primary election where all registered voters, regardless of party affiliation, can vote for one of the Republicans. Naturally, the local GOP wants to determine its party’s choices for county commission seats without non-Republican voters having a say in the matter, so they exercise Florida’s write-in statute.

Congratulations to Coach Barnett: 'For everything there is a season' | Steve Cottrell

Editorial:  Late write-in candidates muzzle the voice of 103,510 St. Johns County voters

In order to close the county commission primary election and create a partisan affair for Republicans only, someone will step forward and file as a write-in candidate for the November general election –– often a fellow Republican. Their name will not appear on the ballot, nor do they have to pay a filing fee, but under current Florida election law their write-in status turns an open primary into a closed primary where only Republicans can vote. Then, shortly after the primary, the write-in candidate often withdraws from the November election and exits stage right, leaving the primary winner without an opponent.

The alleged rationale is that anyone wanting to run for partisan office can do so as a write-in candidate without having to pay $1,000 or more to file. An altruistic gesture from the guys and gals up in Tallahassee? Not hardly.

Both parties solicit write-in candidates when it serves their purpose because they want to determine who will represent their party in the November general election, or, in many cases, determine an eventual winner based solely on primary election results. The gambit amounts to legal disenfranchisement, but it cuts both ways.

An example from 2020 that shut out all but Democrats

Consider, for example, what happened in 2020 in Osceola County when Janette Martinez, a Democrat, filed as a write-in candidate for a seat on the county commission. Three Democrats had already filed for the office and no Republicans, meaning had Ms. Martinez not filed as a write-in candidate there would have been an open primary with all registered voters participating.

What made her write-in candidacy particularly odd was the fact that she was reportedly a close friend of incumbent county commissioner Peggy Choudhry, running for reelection to the same seat as Ms. Martinez and the two other Democrats. Not only were they good friends, but Ms. Martinez was a member of Ms. Choudhry’s organizing “spirit team.”

As the Orlando Sentinel editorially noted two years ago, “But because Martinez qualified as a write-in candidate for the general election this fall, that disqualified the majority of voters in that district — including almost 11,000 Republicans and 17,000 independents — from casting a ballot, closing what otherwise should have been an open primary for all voters.”

Incumbent Choudhry won the closed primary, then prevailed at the November general election with nearly 95 percent of the votes cast. (Write-in votes totaled about 5%, most presumingly cast for Martinez).

The Martinez write-in candidacy was consistent with Florida election law, so we’re not suggesting anything shady occurred. After all, if you can’t help your friends, who are you going to help? But it’s a misguided election loophole in need of reform.

Meaningful reform, however, is not likely because both major parties like the idea and use it at every opportunity. In Osceola County, the scheme has helped Democrats turn open primaries into partisan closed primaries, and here in St. Johns County it has worked well for Republicans.

There are two St. Johns County commission seats up for grabs this election cycle and both will be conducted as closed primaries on Aug. 23. In District 2, five Republicans filed for the office and no Democrats. That meant an open primary with all voters eligible to cast ballots –– at least until Graham McGee filed as a write-in candidate. And in District 4, with two Republican candidates and no Democrats, the possibility of an open primary ended when Michael Lanza filed as a write-in candidate.

Meanwhile, legal disenfranchisement continues in Florida, and more’s the pity.

Steve Cottrell is a former small-town mayor, chamber of commerce president and weekly newspaper editor. Contact him at exnevadacitymayor@gmail.com.

This article originally appeared on St. Augustine Record: Steve Cottrell: Write-in candidates close County Commission elections