A Florida appeals court rebuffed a last-minute challenge to disqualify an outspoken critic of Gov. Ron DeSantis from running in the Aug. 23 Democratic primary election in the state’s First Congressional District.
The First District Court of Appeals reviewed allegations that candidate Rebekah Jones had not been a registered Democrat for the entire year before the candidate qualifying period but found she could not be disqualified on that basis. Under state law, she was required to affirm that she was a Democrat for 365 days.
A trial court had ruled in favor of arguments in a lawsuit filed by her opponent, Margaret Schiller, that Jones should be disqualified from the ballot. But the First District court overturned that opinion. Jones easily defeated Schiller last month by a margin of 61.9% to 38.1% and will go on to face Republican Matt Gaetz in the November general election.
Candidates are required to file written affirmations that they have been registered members of the political party whose nomination they are seeking for a year. Jones did this, even though documents showed she had registered as an independent in Maryland for about two months of the 365-day period, according to the appeals court ruling.
“The text of the statute … does not require proof of actual party affiliation, nor does it speak at all to disqualification of a candidate if those sworn affirmations turn out to be untrue,” the appeals court opinion says. “It provides no express authority to disqualify a party candidate if she was not in fact a registered party member during the 365-day window.”
Once the Department of State has found a candidate’s paperwork has been properly submitted, as was the case with Jones’ actions, state law does not provide for disqualification based on the provisions in the candidate oath form, the court said.
“Having been duly qualified, and without any constitutional or statutory basis for her removal, she has a right to appear on the ballot,” the opinion states.
Jones’ attorney, Benedict Kuehne, said the candidate appreciated the speed and certainty of the appeals court ruling.
“While her challenger sought to prevent Florida voters from casting ballots for her, Rebekah Jones continued to present her candidacy to the voters as a true Democrat in this important race,” Kuehne said in an email to the Florida Record. “She fought her opponent on the court battlefield to represent Florida’s voters in the U.S. Congress. She will continue to fight for Florida in the Congress.”
Jones was a former COVID-19 data curator in Florida who criticized the Republican governor and the veracity of the state’s coronavirus data during the onset of the pandemic. She was fired from that position and later charged with a felony and accused of illegally accessing the state’s computer system.